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BABOGHLIAN v. SWIFT ELEC. SUPPLY

922 A.2d 860 (2007)

393 N.J. Super. 187

Elizabeth BABOGHLIAN, Individually and as Executrix of the Estate of Vartkes O. Baboghlian, Vartkes Baboghlian Shelter Trust, Vigen Baboghlian, Vartkes K. Baboghlian, Estate of Rahile Baboghlian, and Artistic Furniture & Lighting Co., Inc. and/or Vartkes O. Baboghlian and Elizabeth Baboghlian t/a Artistic Furniture & Lighting Company, Plaintiffs-Appellants, v. SWIFT ELECTRICAL SUPPLY., a Corporation, a/k/a Swift Electrical Supply Co., Inc., Swift Electric Supply Co., a Corporation, Swift Electric Supply Co., as Successor-in Interest to Swift Electrical Supply Co., August Sadora, Individually and t/a Swift Electrical Supply Co. and/or Swift Electric Supply Co., and August Sadora, Jr., individually and t/a Swift Electrical Supply Co. and/or Swift Electric Supply Co., Defendants/Third-Party Plaintiffs-Respondents, v. JMG Electrical Contractors, Inc., Third-Party Defendant-Respondent, and Electro Signal Labs, Inc., Third-Party Defendant.

Superior Court of New Jersey, Appellate Division.

Decided May 24, 2007.

Attorney(s) appearing for the Case

Robert E. Rochford, Hackensack, argued the cause for appellants (Winne, Banta, Hetherington, Basralian & Kahn, attorneys; Mr. Rochford, of counsel and on the brief; Helen Griff Weisgal, on the brief).

Janet L. Poletto, Springfield, argued the cause for the Swift/Sadora respondents (Hardin, Kundla, McKeon & Poletto, attorneys; Ms. Poletto, of counsel and on the brief; Adam G. Husik, on the brief).

No brief was filed by any other party.

Before Judges KESTIN, PAYNE and LIHOTZ.

The opinion of the court was delivered by

LIHOTZ, J.T.C. (temporarily assigned).

This case involves a dispute between adjacent property owners whose buildings were damaged by fire and subsequently demolished. The fire began in Swift Electric's building. Plaintiffs assert that Swift had a nondelegable duty under New Jersey's Uniform Fire Code (Code), to apply for a permit and conduct annual inspections in connection with the installation of their fire alarm...

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