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CUMBERLAND CTY BD. v. VITETTA

Docket No. A-1377-12T3

71 A.3d 235 (2013)

431 N.J. Super. 596

CUMBERLAND COUNTY BOARD OF CHOSEN FREEHOLDERS, Plaintiff-Appellant, v. VITETTA GROUP, P.C., Arthur J. Ogren, Inc., Continental Cast Stone East, by Russell, Inc., and E.P. Henry Corporation, Defendants, and Gilbane Building Company, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 30, 2013.

Attorney(s) appearing for the Case

Steven L. Rothman, Vineland, argued the cause for appellant (Lipman, Antonelli, Batt, Gilson, Rothman & Capasso, attorneys; Mr. Rothman, of counsel and on the briefs; Jane B. Capasso, Vineland, on the briefs).

Tracy L. Burnley,   Cherry Hill, argued the cause for respondent (Marshall, Dennehey, Warner, Coleman & Goggin, attorneys; Ms. Burnley, on the brief).

Before Judges MESSANO, LIHOTZ and OSTRER.

The opinion of the court was delivered by

LIHOTZ, J.A.D.

Defendant Gilbane Building Company (Gilbane) was retained by plaintiff, the Cumberland County Board of Chosen Freeholders, in the early 1990's to supervise construction of the expansion and remodeling of the Cumberland County Courthouse (the Courthouse Project). Thereafter, leaking caused water damage, but Gilbane was neither notified of nor involved in repair...

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