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KLIER v. SORDONI SKANSKA CONST. CO.

766 A.2d 761 (2001)

337 N.J. Super. 76

Robert KLIER, Sr. and Marianne Klier, husband and wife, Plaintiffs-Appellants, v. SORDONI SKANSKA CONSTRUCTION COMPANY, a Delaware Corporation, A.G. Mazzocchi, Inc. (for Discovery Purposes only), The Taubman Company (for Discovery Purposes only), The Prudential Realty Company (for Discovery Purposes only), Hobbs & Black Associates (for Discovery Purposes only) and Short Hills Associates (for Discovery Purposes only), Defendants-Respondents, and Sordoni Skanska Construction Company, a Delaware Corporation, Third-Party Plaintiff, v. A.G. Mazzocchi, Inc., Third-Party Defendant.

Superior Court of New Jersey, Appellate Division.

Decided January 26, 2001.

Attorney(s) appearing for the Case

Sidney Shaievitz argued the cause, Bloomfield, for appellants (Shaievitz & Berowitz, attorneys; Mr. Shaievitz, on the brief).

Daniel K. Newman argued the cause, West Orange, for respondent Sordoni Skanska Construction Company.

Respondents A.G. Mazzocchi, Inc., The Taubman Company, The Prudential Realty Company, Hobbs & Black Associates and Short Hills Associates have not filed a brief.

Before Judges KEEFE, EICHEN and STEINBERG.

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

Plaintiffs, Robert Klier, Sr. and Marianne Klier,2 his wife, appeal from an order dismissing their complaint with prejudice as to defendant Sordoni Skanska Construction Company (defendant or Sordoni) "for failure to state a cause of action against defendant," and from the denial of their subsequent motion seeking to vacate the prior order and restore the case to the trial list...

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