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J.G. RIES & SONS v. SPECTRASERV

894 A.2d 681 (2006)

384 N.J. Super. 216

J.G. RIES & SONS, INC., Plaintiff-Appellant, v. SPECTRASERV, INC., Sanitary Waste Carrier, Inc., A & S Transportation Company, Modern Transportation Company, Xtra Lease, Inc., Xtra Corporation, Defendants-Respondents, Linden Roselle Sewerage Authority and Crum & Forester Insurance Company, Defendants. Spectraserv, Inc., Third-Party Plaintiff-Respondent, v. Frank E. Kearney, Frank E. Kearney & Company, and Robert J. Chitren, Third-Party Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided March 29, 2006.

Attorney(s) appearing for the Case

Brian E. Fleisig, Hackensack, argued the cause for plaintiff-appellant/third-party defendants-appellants (Pearce Fleisig, attorneys; Mr. Fleisig, of counsel and on the brief; Christopher O. Eriksen, on the brief).

Adam K. Derman, West Orange, argued the cause for defendant-respondent/third-party plaintiff-respondent Spectraserv, Inc. and defendants-respondents Sanitary Waste Carrier, Inc., A & S Transportation Company and Modern Transportation Company (Wolff & Samson, attorneys; Mr. Derman, of counsel and on the brief; Joseph Tripodi, on the brief).

No briefs were filed on behalf of respondents Xtra Lease, Inc. and Xtra Corporation.

Before Judges WEFING, WECKER and GRAVES.

The opinion of the court was delivered by

WEFING, P.J.A.D.

Plaintiff J.G. Ries & Sons, Inc. ("Ries") appeals, pursuant to leave granted, from a trial court order disqualifying the firm of Pearce Fleisig, LLC ("Pearce") from representing it in this matter. After reviewing the record in light of the contentions advanced on appeal, we reverse.

Ries owns property located at 65 Jacobus Avenue in Kearny. Defendant Spectraserv has its principal place...

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