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SEACOAST BUILDERS CORP. v. RUTGERS

818 A.2d 455 (2003)

358 N.J. Super. 524

SEACOAST BUILDERS CORPORATION, Plaintiff-Appellant, v. RUTGERS, The State University, Defendant-Respondent, and Smith-Midland Corporation, Defendant-Appellant, and Grad Associates, P.A., Defendant.

Superior Court of New Jersey, Appellate Division.

Decided March 24, 2003.

Attorney(s) appearing for the Case

Joseph A. Battipaglia, Philadelphia, PA, argued the cause for appellant Seacoast Builders Corporation (Duane Morris, attorneys; Mr. Battipaglia, on the brief).

Douglas A. Franklin, River Edge, argued the cause for appellant Smith-Midland Corporation (Peckar & Abramson, attorneys; Mr. Franklin, on the brief).

Richard F. Ricci, Roseland, argued the cause for respondent (Lowenstein Sandler, attorneys; Cindy D. Salvo, on the brief).

Before Judges STERN, COBURN and COLLESTER.

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

In this breach of contract case, we were asked to review pretrial orders of a Law Division judge denying discovery of documents that he found were protected by the attorney-client privilege, the work-product rule, or both. We granted appellants' separate motions for leave to appeal, which we now consolidate for purposes of this opinion. Our primary conclusion is that...

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