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ADEN v. FORTSH

743 A.2d 371 (2000)

327 N.J.Super. 360

Benjamin ADEN and Beatrice Aden, Plaintiffs-Respondents, v. Robert F. FORTSH, Defendant-Appellant, and Johl & Company, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided January 19, 2000.

Attorney(s) appearing for the Case

Methfessel & Werbel, Rahway, for defendant-appellant (John Methfessel, Jr., on the brief).

LeBoeuf, Lamb, Greene & MacRae, Newark, for plaintiffs-respondents (Louis Smith, on the brief).

No brief was submitted on behalf of Johl & Company.

Before Judges BAIME and EICHEN.

The opinion of the court was delivered by EICHEN, J.A.D.

In this action for negligent failure to procure adequate insurance coverage for the interior structure of a condominium unit owned by plaintiffs, the principal issue presented on appeal is whether the trial court erred in refusing to instruct the jury concerning plaintiffs' comparative fault.

These are the relevant facts. In September 1994, after thirty-seven...

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