ALY v. E.S. SUTTON REALTY


822 A.2d 615 (2003)

360 N.J. Super. 214

Moustafa Daktory ALY, Ibrahim Ibrahim and Amad Abdou, Plaintiffs Respondents, v. E.S. SUTTON REALTY, 2823-34 Kennedy Boulevard Associates, Defendants, and Insider Realty Corp., Defendant-Appellant. Alma Realty Co., Agent for Arcor Fair Realty L.L.C., Plaintiff-Appellant, v. Robert Harper, Defendant-Respondent, and Occupants Residing in Unit 201, 270 Harrison Avenue, Jersey City, New Jersey, Defendants. Donna Hughen, Plaintiff-Respondent, v. 50 Journal Square Arcade, Inc., Defendant-Appellant. Robert N. Leone, Plaintiff-Respondent, v. Sonja Fesenmaier d/b/a Schuyler Garden Apartments, Defendant-Appellant. Luis Rodriguez, Plaintiff-Respondent, v. Parc Harrison Condo Association, 429 Fairmont Court Condo Association a/k/a Fairmount Court Condo, Alma Realty Management Company, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided May 14, 2003.


Attorney(s) appearing for the Case

Stephen L. Hopkins, Livingston, argued the cause for appellants Insider Realty Corp.; Alma Realty Co., Agent for Harcor Fair Realty, L.L.C.; 50 Journal Square Arcade, Inc.; Sonja Fesenmaier d/b/a Schuyler Garden Apartments (Braff, Harris & Sukoneck, attorneys; Mr. Hopkins and Andrew M. Lusskin, on the brief).

Stephen L. Hopkins, Livingston, argued the cause for appellants Parc Harrison Condo Assoc.; 429 Fairmont Court Condo Assoc. a/k/a Fairmont Court Condo Assoc.; Alma Realty Management Co. (Braff, Harris & Sukoneck, attorneys; Mr. Hopkins and Janice Bierman, on the brief).

Gregory G. Diebold argued the cause for respondent Robert Harper (Northeast New Jersey Legal Services, Inc. attorneys; Mr. Diebold, on the brief).

Richard R. Spencer, Jr. argued the cause for amicus curiae New Jersey Property-Liability Insurance Guaranty Association (Bressler, Amery & Ross, attorneys; Mr. Spencer, on the brief).

Emerald Erickson Kuepper, Deputy Attorney General, argued the cause for amicus curiae New Jersey Commissioner of Banking and Insurance (Peter C. Harvey, Acting Attorney General, attorney; Michael Hass, Assistant Attorney General, of counsel; Ms. Kuepper, on the brief).

Before Judges PRESSLER, CIANCIA and HOENS.


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

We granted leave to appeal in these several cases to address the effect to be given to a series of orders of the Commonwealth Court of Pennsylvania staying proceedings against Legion Insurance Co., a Pennsylvania insurance company now in rehabilitation proceedings in that state and staying proceedings against Legion's insureds as well.

Legion Insurance Co. (Legion) is a Pennsylvania insurer which offers...

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