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VERGOPIA v. SHAKER

891 A.2d 664 (2006)

383 N.J. Super. 256

Salvatore A. VERGOPIA, Janet Vergopia, and Edward A. Vergopia, Plaintiffs, v. Corey E. SHAKER, William C. Muller, Jr., Joseph Shaker, James Christ, Domenic Colasacco, C. Michael Jacobi, Louis I. Margolis, all individually and/or as Directors of Hometown Auto Retailers, Inc., Hometown Auto Retailers, Inc., Westwood Lincoln Mercury Sales, Inc., Steven Shaker, Edward D. Shaker, Joseph Shaker as Trustee of Richard Shaker Voting Trust, Sadie Nejaime, Janet Shaker, Edward Shaker, Paul Shaker, Rose Shaker, William C. Muller, Sr., Defendants-Respondents/Cross-Respondents, and Stephen A. Zelnick, Defendant-Appellant/Cross-Claimant. Universal Underwriters Group, Plaintiff, v. The Chubb Group of Insurance Companies; Federal Insurance Company; Salvatore A. Vergopia; Janet Vergopia; Edward A. Vergopia; Corey E. Shaker; William C. Muller, Jr.; Joseph Shaker; James Christ; Domenic Colasacco; C. Michael Jacobi; Louis I. Margolis, individually and/or as Directors of Hometown Auto Retailers, Inc.; Westwood Lincoln Mercury Sales, Inc.; Steven Shaker; Edward D. Shaker; Joseph Shaker, as Trustee of Richard Shaker Voting Trust; Sadie Nejaime; Janet Shaker; Paul Shaker; Rose Shaker; and William C. Muller, Sr., Defendants.

Superior Court of New Jersey, Appellate Division.

Decided February 22, 2006.

Attorney(s) appearing for the Case

Dennis T. Smith, Hackensack, argued the cause for appellant/cross-claimant (Pashman Stein, attorneys; Mr. Smith, of counsel and on the brief).

Eric M. Grant, Waterbury, argued the cause for respondents/cross-respondents (Rogut, McCarthy, Troy and Yamin & Grant, attorneys; Diane Dabulas, of counsel; Mr. Grant, of counsel and on the brief).

Before Judges WEFING, WECKER and GRAVES.

The opinion of the court was delivered by

WEFING, P.J.A.D.

Defendant Stephen A. Zelnick appeals from a trial court order dismissing his cross-claim in which he sought indemnification for certain counsel fees and expenses he had incurred. After reviewing the record in light of the contentions advanced on appeal, we reverse.

Zelnick is an attorney admitted to the practice of law in New York and a member of the...

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