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FRANK BRISCOE CO. v. RUTGERS, STATE UNIVERSITY AND COLLEGE OF MEDICINE AND DENTISTRY

DOCKET NO. L-9061-72.

130 N.J. Super. 493 (1974)

327 A.2d 687

FRANK BRISCOE CO., INC., PLAINTIFF, v. RUTGERS, THE STATE UNIVERSITY AND COLLEGE OF MEDICINE AND DENTISTRY OF NEW JERSEY ET ALS., DEFENDANTS. BROADWAY MAINTENANCE CORP., PLAINTIFF, v. RUTGERS, THE STATE UNIVERSITY ET ALS., DEFENDANTS AND THIRD-PARTY PLAINTIFFS, v. FRANK BRISCOE CO., INC. ET ALS., THIRD-PARTY DEFENDANTS. EDWIN J. DOBSON, JR., INC., PLAINTIFF, v. RUTGERS, THE STATE UNIVERSITY ET ALS., DEFENDANTS AND THIRD-PARTY PLAINTIFFS, v. FRANK BRISCOE CO., INC. ET ALS., THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided October 3, 1974.

Attorney(s) appearing for the Case

Mr. Theodore W. Geiser for plaintiff Briscoe and third-party defendant Firemen's Insurance (Messrs. McElroy, Connell, Foley & Geiser, attorneys).

Mr. Harold G. Smith for plaintiff Dobson (Messrs. Wilentz, Goldman & Spitzer, attorneys) and Mr. Richard R. Bonamo of the New York Bar.

Mr. C. Stephen Barrett, III, for plaintiff Broadway Maintenance (Messrs. Lum, Biunno & Tompkins, attorneys).

Mr. Edward Schwartz, Deputy Attorney General, for defendants and third-party plaintiffs, Rutgers and College of Medicine and Dentistry (Mr. William F. Hyland, Attorney General, attorney).

Mr. Clyde A. Szuch as amicus curiae for Rutgers (Messrs. Pitney, Hardin & Kipp, attorneys).

DWYER, J.S.C.

In this action there are consolidated three separate suits commenced against Rutgers, The State University (Rutgers). The captions of the actions and the respective dates of commencement are:

Edwin J. Dobson, Jr. Inc. v. Rutgers — 8/4/71 (hereinafter Dobson) Frank Briscoe Co., Inc. v. Rutgers — 12/8/72 (Briscoe) Broadway Maintenance Corp. v. Rutgers — 5/31/73 (Broadway)

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