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O'BRIEN v. TWO WEST HANOVER CO.

795 A.2d 907 (2002)

350 N.J. Super. 441

Thomas O'BRIEN, Plaintiff-Appellant, v. TWO WEST HANOVER COMPANY and Lorraine Benkendorf d/b/a Benkendorf Electrolysis, Defendants, and Local 464A UFCW Group Reimbursement Welfare Fund, Defendant/Intervenor-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 30, 2002.

Attorney(s) appearing for the Case

Kopelson & Westreich, attorneys for appellant (Robert Westreich, on the brief).

Mizzone, Filko & Mizzone, attorneys for respondent (Elissa Mizzone Testa, of counsel and on the brief).

Before Judges PETRELLA, KESTIN, and STEINBERG.

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

Plaintiff Thomas O'Brien appeals from an order granting the motion of intervenor Local 464A UFCW Group Reimbursement Welfare Fund (Fund) to enforce its claimed right of subrogation. Plaintiff initially sued defendants Two West Hanover Company and Lorraine Benkendorf, doing business as Benkendorf Electrolysis, for personal injuries. The Fund is a union benefits plan which provides medical, surgical, and hospital...

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