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PEPE v. TOWNSHIP OF PLAINSBORO

766 A.2d 837 (2001)

337 N.J. Super. 209

Michael PEPE and Paula Pepe, his wife, Plaintiffs, v. TOWNSHIP OF PLAINSBORO, Plainsboro Department of Public Works, a body corporate and politic, their agent, servants and/or employees; Kenneth Giovanelli, his agents, servants and/or employees; A.J. O'Sullivan, P.A., its agents, servants and/or employees; and Melick-Tully and Associates, Inc., its agents, servants and/or employees, Defendants, and Riefolo Construction Co., Inc., its agent, servants and/or employees, Defendant-Appellant, and Wagner-Hohns-Inglis, Inc., its agents, servants and/or employees, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided February 26, 2001.

Attorney(s) appearing for the Case

Robert C. Ward, Clinton, argued the cause for appellant (Gebhardt & Kiefer, attorneys; Mr. Ward, on the brief).

Frederic J. Schragger, Lawrenceville, argued the cause for respondent (Frederic J. Schragger, attorney; Andrew J. Schragger, on the brief).

Before Judges PRESSLER, CIANCIA and ALLEY.

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

This controversy arises out of a municipal construction contract. The sole issue raised on this appeal is whether the contractual indemnification given by the general contractor, defendant cross-claimant Riefolo Construction Co., Inc., to the Township of Plainsboro, "its officers, agents, and employees," includes within its protection, as an agent of the municipality, defendant Wagner-Hohns-Inglis (WHI)...

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