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PRIMUS v. SANZARI ENTERPRISES

833 A.2d 697 (2003)

363 N.J. Super. 538

Leon PRIMUS and Isis Primus, Plaintiffs, v. ALFRED SANZARI ENTERPRISES t/a Heights Plaza Associates, Heights Plaza Associates, a partnership, ABC Corporation 1-10, (fictitious general contractors) Ronald Roe Corporation 2-40, (fictitious manufacturers, designers, architects, planners, builders, distributors and sellers), Pinto Services, Thompson Mechanical, F.C. Electric, ISCO Services, Business Flooring, D.D.B. Interiors, Tri-County Printers, Vetter Glass, Sparkle Industries, Main Lock Shop, Scientific Building and Kulkey Brothers Hardware, Ace Scaffoldin, Inc., County Glass & Metal Installers, and John Doe 1-10 (fictitious owners and operators), Superchute Wrap Around, Inc., and/or Superchute Company Defendant(s) and Alfred Sanzari Enterprises t/a Heights Plaza Associates, and Heights Plaza Associates, Defendants/Third Party Plaintiff's, v. ACE Scaffolding, Inc., Pinto Services, Thompson Mechanical F.C. Electric, ISCO Services, Interiors, Tri-County Printers, Vetter Glass, Sparkle Industries, Main Lock Shop, Scientific Building and Kulkey Brothers Hardware, Third-Party Defendants.

Superior Court of New Jersey, Law Division, Bergen County.

Decided February 25, 2003.

Attorney(s) appearing for the Case

Clifford A. Herrington, Jersey City, for plaintiff's Leon and Isis Primus (Margulies, Wind, Herrington & Knopf, attorneys).

Richard J. Williams, Jr., Morristown, for intervenor New Jersey Manufacturers Insurance Company (McElroy, Deutsch & Mulvaney, L.L.P., attorneys).

WALSH, J.S.C.

This matter is before the Court on a motion made by the plaintiffs Leon and Isis Primus ("the Primuses") to limit reimbursement of a portion of the outstanding workers' compensation lien after their tort action against a number of defendants and their potential claims against others were settled on June 19, 2002. This tort action and the other potential claims arose from an accident at a construction site in Hasbrouck Heights, New Jersey on August 8...

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