STATE of New Jersey, Plaintiff-Appellant,
v.
PERINI CORPORATION, L. Robert Kimball & Associates, Inc., Perma-Pipe, Inc., Natkin & Company, Jacobs Facilities, Inc., Successor-in-Interest to CRSS Constructors, Inc., Fidelity and Deposit Co. of Maryland, Swiss Reinsurance America Corporation, Successor-in-Interest to North America Reinsurance Corporation, Munich Reinsurance America, Inc., Successor-in-Interest to American Re-Insurance Company, United States Fidelity and Guaranty Company, Defendants-Respondents.
State of New Jersey, Plaintiff-Respondent,
v.
Perini Corporation, L. Robert Kimball & Associates, Inc., Natkin & Company, Jacobs Facilities, Inc., Successor-in-Interest to CRSS Constructors, Inc., Fidelity and Deposit Co. of Maryland, Swiss Reinsurance America Corporation, Successor-in-Interest to North America Reinsurance Corporation, Munich Reinsurance America, Inc., Successor-in-Interest to American Re-Insurance Company, United States Fidelity and Guaranty Company, Defendants-Respondents, and
Perma-Pipe, Inc., Defendant-Appellant.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued December 5, 2011.
Decided March 30, 2012.
Attorney(s) appearing for the Case
Wayne J. Martorelli , Deputy Attorney General, argued the cause for appellant (A-3268-10) and respondent (A-3269-10) State of New Jersey ( Paula T. Dow , Attorney General, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel; Mr. Martorelli, on the brief).
Vincent P. Tomkiewicz (Bollinger, Ruberry & Garvey) of the Illinois bar, admitted pro hac vice, argued the cause for respondent (A-3268-10) and appellant (A-3269-10) Perma-Pipe, Inc. (McLaughlin & Cooper, and Mr. Tomkiewicz , attorneys; Mr. Tomkiewicz and William F. Hartigan, Jr. , Trenton, of counsel and on the brief; Edward Ruberry (Bollinger, Ruberry & Garvey) of the Illinois bar, admitted pro hac vice, and Salena Becker (Bollinger, Ruberry & Garvey) of the Illinois bar, admitted pro hac vice, on the brief).
Peter J. Smith argued the cause for respondents Perini Corporation, Fidelity and Deposit Co. of Maryland, Swiss Reinsurance America Corporation, Munich Reinsurance America, Inc. and United States Fidelity Guaranty Company (Connell Foley, LLP, attorneys; Mr. Smith , of counsel and on the brief; Thomas J. O'Leary , Roseland, on the brief).
Andrew J. Carlowicz, Jr. , New Brunswick, argued the cause for respondent L. Robert Kimball & Associates (Hoagland, Longo, Moran, Dunst & Doukas, LLP, attorneys; Mr. Carlowicz , of counsel and on the brief).
Mark A. Rosen , Morristown, argued the cause for respondent Natkin & Company (McElroy, Deutsch, Mulvaney & Carpenter, LLP, attorneys; Mr. Rosen , of counsel and on the brief).
Before Judges A.A. RODRÍGUEZ, SABATINO and ASHRAFI.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by
ASHRAFI, J.A.D.
The State of New Jersey appeals (A-3268-10) from an order for summary judgment dismissing its civil complaint for money damages against four contractors that took part in the building of South Woods State Prison in the mid-1990s. Applying the ten-year statute of repose for construction litigation, N.J.S.A. 2A:14-1.1, the trial court concluded that the State had not filed a timely complaint against...
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