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FIRST INDEM. INS. CO. v. KEMENASH

744 A.2d 691 (2000)

328 N.J. Super. 64

FIRST INDEMNITY OF AMERICA INSURANCE COMPANY, Plaintiff/Respondent, v. David KEMENASH, Defendant/Third-Party Plaintiff/Appellant. Kathleen Kemenash, Nicole Kemenash, Davina Kemenash, and NDK General Contractors, Inc., Defendants/Third-Party Plaintiffs, v. Patrick Lynch, Third-Party Defendant.

Superior Court of New Jersey, Appellate Division.

Decided February 10, 2000.

Attorney(s) appearing for the Case

Todd W. Heck, Vineland, for defendant/third-party plaintiff/appellant (Basile & Testa, attorneys; Mr. Heck, on the brief).

Robert E. Nies, Roseland, for plaintiff/respondent (Wolff & Samson, attorneys; Mr. Nies, of counsel; Robert L. Tchack, on the brief).

Before Judges KEEFE, A.A. RODRIGUEZ and LINTNER.

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

Defendant David Kemenash appeals from an order granting partial summary judgment to plaintiff First Indemnity of America Insurance Company (FIA) in the amount of $3,248,171.17, plus prejudgment interest. The judgment was on "fewer than all the claims as to all parties," but was certified as final. R. 4:42-2. Although defendant did not move for leave to appeal as required by the Court Rules, we now grant...

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