CITY OF PERTH AMBOY v. INTERSTATE INDUSTRIAL CORP.

Nos. A-0778-14T4, A-0842-14T4.

CITY OF PERTH AMBOY, Plaintiff-Respondent/Cross-Appellant, v. INTERSTATE INDUSTRIAL CORP., Defendant-Respondent/Cross-Appellant, and XL SPECIALTY INSURANCE COMPANY and S.M. ELECTRIC COMPANY, INC., Defendants, and TAK CONSTRUCTION, INC., SAFECO INSURANCE COMPANY OF AMERICA, Defendants-Appellants/Cross-Respondents, and XL SPECIALTY INSURANCE COMPANY, Third-Party-Plaintiff, v. IMPERIAL CONSTRUCTION GROUP, INC., Third-Party-Defendant-Respondent, and MICHAEL ZEMSKY, A.I.A., ARCHITECTS AND PLANNERS, Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided May 17, 2017.


Attorney(s) appearing for the Case

Benjamin D. Lentz argued the cause for appellant/cross-respondent Safeco Insurance Company of America (Torre, Lentz, Gamell, Gary & Rittmaster, L.L.P., attorneys; Kevin M. Gary , on the briefs).

Geoffrey J. Hill argued the cause for appellant/cross-respondent TAK Construction, Inc. (Law Offices of Steve M. Kalebic, P.C., attorneys; Steve M. Kalebic , of counsel and on the briefs).

Timothy D. Cedrone argued the cause for respondent/cross-appellant City of Perth Amboy (Apruzzese, McDermott, Mastro & Murphy, attorneys; Mark J. Blunda , of counsel and on the brief; Mr. Cedrone, on the briefs).

Robert S. Cosgrove argued the cause for respondent/cross-appellant Interstate Industrial Corp. (Durkin & Durkin, L.L.P., attorneys; Mr. Cosgrove, on the briefs).

James J. Ross argued the cause for respondent Imperial Construction Group, Inc. (Carroll, McNulty & Kull, L.L.C., attorneys; Joseph P. McNulty , of counsel and on the brief; Mr. Ross, of counsel and on the brief; Michael S. Kerr , on the brief).

Before Judges Messano, Espinosa and Guadagno.


NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3.

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