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ST. JOSEPH'S HOSPITAL & MEDICAL CENTER v. MUIRFIELD CONST. CO.,

829 A.2d 652 (2003)

362 N.J. Super. 540

ST. JOSEPH'S HOSPITAL AND MEDICAL CENTER, Plaintiff-Appellant/Cross-Respondent, and WM. Blanchard Co., Plaintiff, v. MUIRFIELD CONSTRUCTION CO., Defendant/Third-Party Plaintiff-Respondent/Cross-Appellant, and Hartford Fire Insurance Company, Defendant, and Gerard Sheet Metal Fabricators, Inc., Third-Party Defendant-Respondent/Cross-Appellant, and Fidelity and Deposit Company of Maryland, North American Reinsurance Corporation, Universal Underwriters Insurance Company, Prudential Reinsurance Corporation, Skandia America Reinsurance Corporation, and The Reinsurance Corporation of New York, Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided July 29, 2003.

Attorney(s) appearing for the Case

Barry J. Donohue and Bruce P. Ogden, Westfield, argued the cause for appellant/cross-respondent (Lindabury, McCormick & Estabrook, attorneys; Mr. Donohue and Mr. Ogden, of counsel and on the brief).

Robert Hedinger, Florham Park, argued the cause for respondent/cross-appellant Muirfield Construction Co. (Hedinger & Lawless, attorneys; Mr. Hedinger, on the brief).

Frank T. Araps, North Brunswick, argued the cause for respondent/cross-appellant Gerard Sheet Metal Fabricators (Mr. Araps and Margaret Shaara O'Brien, on the brief).

Before Judges KING, WEFING and LISA.

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

[This is a redacted version of our full and lengthy opinion in this construction litigation matter. Only this issue on the duty to object under R. 4:41-5(b) to the master's findings at the trial level in the Law Division in order to preserve for appellate review the findings of the master meets the criteria for publication. R. 1:36-2(d). We hold that the...

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