TRIMARCO v. TRIMARCO


933 A.2d 621 (2007)

396 N.J. Super. 207

Elizabeth TRIMARCO, individually and derivatively on behalf of Inman Shopping Plaza, Inc., Plaintiff-Respondent, v. Anne TRIMARCO, John V. Trimarco, Phyllis Trimarco, and Robert Defilippis, Defendants/Third-Party Plaintiffs, and Inman Shopping Plaza, Inc., a New Jersey corporation, Defendant/Third-Party Plaintiff-Appellant, v. Linda Serrano, Estate of Richard Trimarco and Fitness Plus, Inc., Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided October 15, 2007.


Attorney(s) appearing for the Case

Julian Wilsey, Livingston, argued the cause for appellant (Franzblau Dratch, attorneys; Mr. Wilsey, on the brief).

Craig S. Provorny argued the cause for respondent (Herold and Haines, attorneys; Mr. Provorny, of counsel; Lisa M. Gowen, Warren, on the brief).

Before Judges LINTNER, PARRILLO and SABATINO.


The opinion of the court was delivered by

PARRILLO, J.A.D.

Upon termination of her employment contract with defendant Inman Shopping Plaza, Inc. (Inman), plaintiff Elizabeth Trimarco, a one-sixth shareholder, sued the company as well as two other shareholders, John and Phyllis Trimarco, and a former company officer, Anne Trimarco, (collectively the Trimarco defendants), both individually and derivatively on behalf of Inman, utilizing the services of the law...

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