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CHERRY HILL MANOR ASSOC. v. FAUGNO

861 A.2d 123 (2004)

182 N.J. 64

CHERRY HILL MANOR ASSOCIATES, Plaintiff, v. Paul FAUGNO, Esq., and Rogan & Faugno, Esqs., Defendants-Third Party Plaintiffs-Respondents, and Harleysville Insurance Company of New Jersey, Third Party Defendant, and Timothy Tuttle, Esq., Robert J. Mancinelli, Esq., and Carver & Mancinelli, Esqs., Third Party Defendants-Appellants.

Supreme Court of New Jersey.

Decided December 6, 2004.

Attorney(s) appearing for the Case

Christopher J. Carey, Morristown, argued the cause for appellants Robert J. Mancinelli, Esq., and Carver & Mancinelli, Esqs. (Graham, Curtin & Sheridan, attorneys; Mr. Carey and Patricia A. Brennan, on the briefs).

Leon B. Piechta, West Orange, argued the cause for appellant Timothy Tuttle, Esq. (O'Donnell Piechta, attorneys).

Lance J. Kalik, Morristown, argued the cause for respondents (Riker Danzig Scherer Hyland & Perretti, attorneys; Mr. Kalik and Glenn A. Clark, of counsel; Mr. Kalik and Ronald Z. Ahrens, on the briefs).

Justice RIVERA-SOTO delivered the opinion of the Court.

These consolidated petitions for certification present the question whether a defendant can seek statutory contribution against third-party defendants when the original plaintiff is legally barred from proceeding directly against any of the third-party defendants. The trial court held that the third-party defendants could not be considered joint tortfeasors with the...

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