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VAN DUNK v. RECKSON ASSOCIATES

No. A-3548-08T2.

2 A.3d 456 (2010)

415 N.J. Super. 490

Kenneth VAN DUNK, Sr. and Deborah Van Dunk, Plaintiffs-Appellants, v. RECKSON ASSOCIATES REALTY CORPORATION; Reckson Construction and Development, LLC; Paulus, Sokolowski & Fleming, Inc.; and Joseph Fleming, P.E., Defendants, and James Construction Company, Inc., Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided August 30, 2010.

Attorney(s) appearing for the Case

Glenn M. Gerlanc, Hackensack, argued the cause for appellants (Parisi & Gerlanc, P.A., attorneys; Mr. Gerlanc, of counsel and on the brief; Steven M. Davis, on the brief).

George J. Kenny, Roseland, argued the cause for respondent (Connell, Foley LLP, attorneys; Mr. Kenny, of counsel and on the brief).

Before Judges STERN, GRAVES and NEWMAN.

The opinion of the court was delivered by

STERN, P.J.A.D.

Plaintiffs, Kenneth Van Dunk and his wife Deborah suing per quod, appeal from an order of the Law Division entered on February 20, 2009, which granted summary judgment to defendant James Construction Company ("James") and dismissed their complaint. Plaintiff1 sustained serious injuries as a result of a trench collapse at his worksite...

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