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NATIONAL SPRING CO. v. PIERPONT ASSOCIATES, INC.

146 N.J. Super. 63 (1976)

368 A.2d 973

NATIONAL SPRING CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. PIERPONT ASSOCIATES, INC., ET AL., DEFENDANTS AND THIRD-PARTY PLAINTIFFS, v. THE JERSEY CITY FIRE DEPARTMENT, THOMAS G. TAYLOR, FRANK NUKRUSCZ AND CITY OF JERSEY CITY, THIRD-PARTY DEFENDANTS. AKZONA, INC., ET AL., PLAINTIFFS, v. PIERPONT ASSOCIATES, INC., ET AL., DEFENDANTS AND THIRD-PARTY PLAINTIFFS, v. THE JERSEY CITY FIRE DEPARTMENT, THOMAS G. TAYLOR, FRANK NUKRUSCZ AND CITY OF JERSEY CITY, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided November 18, 1976.

Attorney(s) appearing for the Case

Mr. Jeffrey M. Kadish for defendant and Third-Party plaintiff F & J Paper Storage Corp. (Messrs. Morgan, Melhuish, Monaghan and Spielvogel, attorneys).

Mr. Paul W. Mackey for third-party Defendant Jersey City (Mr. Dennis L. McGill, attorney).

BILDER, J.S.C.

This is a motion by the City of Jersey City to dismiss a third-party complaint on the ground that the city has immunity under the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq. The basic action, which arises out of a fire loss, combines the uninsured loss of plaintiff and the subrogation claim of its insurance company.

A fire which occurred in a 20-building industrial complex on January 4, 1975 resulted in the destruction...

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