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MORRISTOWN ASSOC. v. GRANT OIL

Docket No. A-0313-11T3

74 A.3d 968 (2013)

432 N.J. Super. 287

MORRISTOWN ASSOCIATES, Plaintiff-Appellant/Cross-Respondent, v. GRANT OIL COMPANY, Able Energy, Parsippany Fuel Oil, Edward Hsi and Amy Hsi and Spartan Oil Company, Defendants-Respondents, and Petro Inc., Johnson Oil Company, Meenan Oil Company d/b/a Regional Oil Company, Defendant-Respondents/Cross-Appellants, and Grant Oil Company, Able Energy, Inc., Parsippany Fuel Oil Co., and Petro Inc., Defendants/Third Party Plaintiffs-Respondents, v. Byung Lee and Multi Cleaners, Inc. d/b/a Plaza Cleaners, Edward Hsi and Amy Hsi, Johnson Oil Company, Meenan Oil Company d/b/a Region Oil as successor in interest to Johnson Oil Company and Spartan Oil Company, Third-Party Defendants/Respondents.

Superior Court of New Jersey, Appellate Division.

Decided August 23, 2013.

Attorney(s) appearing for the Case

Steven T. Singer , Bloomfield, argued the cause for appellant/cross-respondent.

Richard J. Isolde argued the cause for respondents/cross-appellants Petro, Inc., Johnson Oil Company and Meenan Oil Co. (Gaul, Baratta & Rosello, L.L.C., attorneys; Mr. Isolde, Middlesex, on the brief).

David W. Field argued the cause for respondents Edward Hsi and Amy Hsi (Lowenstein Sandler, P.C., attorneys; Mr. Field, Roseland, on the brief).

Kristin V. Hayes argued the cause for respondent Spartan Oil Company (Wiley Malehorn Sirota & Raynes, attorneys; Ms. Hayes, Morristown, of counsel and on the brief; Carolyn Conway Duff , on the brief).

Before Judges GRAVES, ASHRAFI and GUADAGNO.

The opinion of the court was delivered by

ASHRAFI, J.A.D.

Plaintiff Morristown Associates, the owner of a shopping center, brought claims against several heating oil companies and the prior owners of a dry cleaning business for contribution to plaintiff's environmental remediation costs and for other damages caused by contamination of its property. It now appeals from two orders of the Law Division barring testimony from its liability expert and granting summary...

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