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COHEN v. SOUTHBRIDGE PARK, INC.

848 A.2d 781 (2004)

369 N.J. Super. 156

Alvin COHEN, Nili Cohen, Marvin J. Rothenberg, Janet D. Rothenberg, and Adrian Field, Plaintiffs, v. SOUTHBRIDGE PARK, INC., a New Jersey Cooperative Corporation, Defendant/Appellant/Cross-Respondent, and Stephen C. Muhlstock, and Gittleman, Muhlstock, Chewcaskie & Kim, Defendants-Respondents/Cross-Appellants, and Herbert Greenberg, Anthony Pellosie, Marc Greenberg, and The Pellogreen Group, Inc., Defendants.

Superior Court of New Jersey, Appellate Division.

Decided May 5, 2004.

Attorney(s) appearing for the Case

Lawrence H. Wertheim, Woodbridge, argued the cause for appellant/cross-respondent Southbridge Park, Inc. (Himelman, Wertheim & Geller, attorneys; Mr. Wertheim, of counsel; Mr. Wertheim, Galit Kierkut, and Kellie A. Lavery, on the brief).

Douglas F. Ciolek, Hackensack, argued the cause for respondents/cross-appellants Stephen C. Muhlstock and Gittleman, Muhlstock Chewcaskie & Kim (Harwood Lloyd, attorneys; Charles E. Powers, Jr., of counsel; Mr. Powers and Mr. Ciolek, on the brief).

Before Judges PRESSLER, ALLEY and PARKER.

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

An independent outside attorney prevailed in defending a suit brought against him on behalf of a corporation that claimed he committed malpractice as attorney for the corporation in another matter. The lawyer asserted that the corporation was required to indemnify him for the expenses of the suit on the basis that he is a "corporate agent," as that term is used in the New Jersey Business Corporation Act, N...

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