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WEIDNER v. TULLY ENVIRONMENTAL, INC.

858 A.2d 560 (2004)

372 N.J.Super. 315

Frank WEIDNER, Plaintiff-Respondent, v. TULLY ENVIRONMENTAL, INC., Defendant-Appellant, and County of Bergen, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided October 12, 2004.

Attorney(s) appearing for the Case

Catherine A. Trinkle, Newark, argued the cause for appellant (Kirkpatrick & Lockhart, attorneys; Brian S. Montag and Mary E. Storella, on the brief).

Thomas S. Cosma, Roseland, argued the cause for respondent, County of Bergen (Connell Foley, attorneys; Mr. Cosma, of counsel; Angelica S. Liem, on the brief).

Sills Cummis Radin Tischman Epstein & Gross, Newark, for respondent, Frank Weidner, relying on the brief filed by respondent, County of Bergen.

Dennis J. Oury, Hackensack, for intervenor, Bergen County Improvement Authority, relying on the brief filed by respondent, County of Bergen.

Before Judges CONLEY, LISA and WINKELSTEIN.

The opinion of the court was delivered by

WINKELSTEIN, J.A.D.

In this public contract action, defendant Tully Environmental, Inc. appeals from an April 8, 2003 summary judgment that in part (1) denied Tully's motion to dismiss the amended complaint for failure to state a claim, and (2) granted plaintiff Frank Weidner's cross-motion, voiding a December 27, 2002 agreement (the Agreement) between Tully and Bergen County for the redevelopment of Overpeck County...

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