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DIANA v. RUSSO DEVELOPMENT CORP.

799 A.2d 689 (2002)

352 N.J. Super. 146

Sandra DIANA, as Administratrix Ad Prosequendum for the Heirs-at-Law of Frank Diana, Deceased; as Administratrix of the Estate of Frank Diana, Deceased; and Individually, Plaintiff-Respondent, v. RUSSO DEVELOPMENT CORPORATION, Defendant-Appellant/Third-Party Plaintiff, and Lawrence Russo, Jr., Defendant-Respondent/Third-Party Plaintiff, and KKD Imports, Inc., T.F. Sloan Group, t/a T.F. Sloan Company, Defendants-Respondents, and The Bilco Company, and Borough of Carlstadt, Defendants, v. Federal Insurance Company, Third-Party Defendant/Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 20, 2002.

Attorney(s) appearing for the Case

John G. Tinker, Jr., Cedar Knolls, argued the cause for appellant (Leary, Bride, Tinker & Moran, attorneys; Mr. Tinker, on the brief).

August R. Soltis, Passaic, argued the cause for respondent Sandra Diana (Iulo & Soltis, attorneys; Mr. Soltis, on the brief).

John S. Fitzpatrick, New Providnce, appeared for respondent Lawrence Russo, Jr. (Fitzpatrick, Reilly, Supple & Gaul, attorneys) but submitted no brief.

Respondent, KKD Imports, submitted no brief.

Jerald J. Howarth, Parsippany, appeared for respondent T.F. Sloan Company (Hahn & Howarth, attorneys) and relied on the brief filed on behalf of appellant (Leary, Bride, Tinker & Moran, Cedar Knolls).

Respondent, Federal Insurance Company, submitted no brief.

Before Judges CONLEY, LEFELT and LISA.

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

Frank Diana fell to his death on July 22, 1997, while ascending a fixed vertical steel ladder attached to a concrete block wall leading to a Bilco roof hatch. Plaintiff, Frank's wife Sandra, sought compensation from defendant Russo Development Corporation, the building's general contractor, and several other defendants. We granted Russo Development Corporation's motion seeking leave to appeal in order to review...

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