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JANICKY v. POINT BAY FUEL, INC.

935 A.2d 803 (2007)

396 N.J. Super. 545

Thomas and Karen JANICKY, Plaintiffs-Respondents, v. POINT BAY FUEL, INC., and USF Insurance Company, Defendants, and The Powderhorn Agency, Inc., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided November 28, 2007.

Attorney(s) appearing for the Case

Thomas J. Burns, III, Princeton, argued the cause for appellant (Reed Smith, attorneys; Mr. Burns and M. Paige Berry, of counsel and on the brief).

Marc L. Dembling, Edison, argued the cause for respondents (Methfessel & Werbel, attorneys; Mr. Dembling, of counsel and on the brief).

Maeve E. Cannon, Princeton, argued the cause for amicus curiae Fuel Merchants Association of New Jersey (Hill Wallack, attorneys; Ms. Cannon, of counsel and on the brief).

Paul G. Witko, Deputy Attorney General, argued the cause for amicus curiae Commissioner of the Department of Banking and Insurance (Anne Milgram, Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel; Mr. Witko, on the brief).

Before Judges SKILLMAN, WINKELSTEIN and YANNOTTI.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

This appeal presents another illustration of the recurrent problem of a litigant securing a certification of finality from a trial court under circumstances that do not qualify for such certification in order to circumvent this court's exclusive authority to determine whether leave should be granted to appeal an interlocutory order.

Plaintiffs own...

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