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PRIMUS v. ALFRED SANZARI ENTERPRISES

859 A.2d 452 (2004)

372 N.J. Super. 392

Leon PRIMUS and Isis Primus, Plaintiffs-Respondents, v. ALFRED SANZARI ENTERPRISES t/a Heights Plaza Associates, Heights Plaza Associates, 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 Scaffolding, Inc., County Glass & Metal Installers, Supershute, Wraparound, Inc., aka, Wrap Around, Inc., and/or Supershute Company, Defendants, and New Jersey Property—Liability Insurance Guaranty Association, Intervenor-Appellant, and Alfred Sanzari Enterprises t/a Heights Plaza Associates and Heights Plaza Associates, Third-Party Plaintiffs, v. ACE Scaffolding, Inc., Pinto Services, Thompson Mechanical, F.C. Electrical, ISCO Services, Interiors, Tri-County Printers, Vetter Glass, Sparkle Industries, Main Lock Shop, Scientific Building and Kulkey Brothers Hardware, Third-Party Defendants. New Jersey Property—Liability Insurance Guaranty Association, Intervenor-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided October 19, 2004.

Attorney(s) appearing for the Case

Richard J. Williams, Jr., Morristown, argued the cause for intervenor-appellant (McElroy, Deutsch & Mulvaney, attorneys; Mr. Williams, of counsel and on the brief).

Clifford A. Herrington, Jersey City, argued the cause for respondents, Leon Primus and Isis Primus (Margulies, Wind & Herrington, attorneys; Mr. Herrington, on the brief).

Mark M. Tallmadge, New York City, argued the cause for intervenor-respondent, New Jersey Property—Liability Insurance Guaranty Association (Bressler, Amery & Ross, attorneys; Mr. Tallmadge, on the brief).

Before Judges CONLEY, LISA and WINKELSTEIN.

The opinion of the court was delivered by

LISA, J.A.D.

This appeal requires determination of whether in a multi-defendant case all sums paid in settlement to a plaintiff by solvent insurers are available to satisfy in full a workers' compensation lien where one of the tortfeasors who contributed to the settlement was represented by the New Jersey Property-Liability Insurance Guaranty Association (Association) because its insurer was insolvent. The aggregate...

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