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JUDGE v. BLACKFIN YACHT CORP.

815 A.2d 537 (2003)

357 N.J. Super. 418

Martin B. JUDGE, Plaintiff-Appellant/Cross-Respondent, v. BLACKFIN YACHT CORPORATION, BYC Acquisition Corporation and Florida Detroit Diesel Alison, Defendants, DETROIT DIESEL CAPITAL CORPORATION, Defendant-Respondent, and Clarks Landing Marina, Inc., Defendant-Third Party Plaintiff/Respondent/Cross-Appellant, v. Caterpillar Corporation and Carl Herndon, Third Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided February 13, 2003.

Attorney(s) appearing for the Case

Douglas M. Joyce, Moorestown, argued the cause for appellant/cross-respondent, Martin B. Judge (Cahill, Wilinski & Rhodes, attorneys; John R. Mininno, on the brief).

Michael G.B. David argued the cause for respondent/cross-appellant, Clarks Landing Marina, Inc. (Lewis & David, attorneys; Mr. David, of counsel and on the brief).

Citta, Holzapfel, Zabarsky & Leahey, (attorneys for respondent Detroit Diesel Capital Corporation, have not filed a brief).

Before Judges BRAITHWAITE, LINTNER and PARKER.

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

In these consolidated appeals, plaintiff seeks to reverse the trial judge's grant of defendants'1 motion for a new trial; and third-party defendant, Clarks Landing Marina, Inc. (Clarks Landing), seeks to reverse the judge's denial of its motion for judgment notwithstanding the verdict. We reverse the grant of a new trial and the denial of judgment notwithstanding the verdict (J.N...

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