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MANTILLA v. NC MALL ASSOCIATES

770 A.2d 1144 (2001)

167 N.J. 262

Carmen MANTILLA and Pascual Mantilla, Plaintiffs, v. NC MALL ASSOCIATES, incorrectly designated as Simon and Associates, Inc. and M.S. Management Associates (Indiana), Inc., Defendants-Respondents, and Planned Building Services Inc., Defendant-Appellant, and ABC Maintenance Company (fictitiously named); CDE Construction Company (fictitiously named); EFG Roofing Company (fictitiously named); HIJ Architectural Firm (fictitiously named); XYZ Engineering Firm (fictitiously named), Defendants.

Supreme Court of New Jersey.

Decided March 27, 2001.

Attorney(s) appearing for the Case

Theresa E. Mullen and Allan Maitlin, West Orange, argued the cause for appellant (Sachs, Maitlin, Fleming, Greene, Wilson & Marotte, attorneys).

Stanley P. Fishman, East Hanover, argued the cause for respondents (Fishman & Callahan, attorneys; Lisa Della Pelle, on the briefs).

The opinion of the Court was delivered by COLEMAN, J.

This appeal requires us to decide whether Newport Centre Mall Associates and M.S. Management Associates (Newport Mall), the indemnitee under a contract between it and Planned Building Services, Inc. (PBS), may be indemnified for legal expenses incurred in defending itself against a claim based on its own negligence. The Appellate Division found that Newport Mall was entitled to indemnification for its legal expenses...

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