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L.C.S., INC. v. LEXINGTON INS. CO.

853 A.2d 974 (2004)

371 N.J.Super. 482

L.C.S., INC. t/a D'Jais Bar, Inc., Plaintiff-Respondent/Cross-Appellant, v. LEXINGTON INSURANCE COMPANY, AIG Claim Services, Inc., Defendants-Appellants/Cross-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided August 2, 2004.

Attorney(s) appearing for the Case

Wendy L. Mager, Princeton, argued the cause for appellants (Smith, Stratton, Wise, Heher & Brennan, attorneys; William J. Brennan, III, of counsel and on the brief).

Frank P. Arleo, Chatham, argued the cause for respondent (Arleo & Donohue, attorneys; Mr. Arleo, of counsel and on the brief).

Before Judges WEFING, COLLESTER and FUENTES.

The opinion of the court was delivered by

COLLESTER, J.A.D.

On December 23, 1996, Thomas M. Cosgrove filed a three-count complaint against D'Jais Bar, Inc., Larry R. Fore, a bouncer, and two fictitious employees, seeking damages for injuries he suffered in the early hours of July 4, 1995, while a patron at D'Jais Bar located at 18th and Ocean Avenues in Belmar. Count one alleged

5.... Defendant Fore without warning or right struck Plaintiff Cosgrove...

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