ZULLO LUMBER v. KING CONSTRUCTION


146 N.J. Super. 88 (1976)

368 A.2d 987

ZULLO LUMBER, DIVISION OF TIDEWATER INDUSTRIES, INC., PLAINTIFF, v. KING CONSTRUCTION, DIVISION OF ALKON INDUSTRIES, INC.; SUMMIT INSURANCE COMPANY OF NEW YORK AND GREATER AMERICAN INSURANCE COMPANY, DEFENDANTS. RED LION CONTRACTING COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. ALKON INDUSTRIES, INC., A CORPORATION OF THE STATE OF DELAWARE, SUMMIT INSURANCE COMPANY OF NEW YORK AND NEW JERSEY HOUSING FINANCE AGENCY, A BODY CORPORATE AND POLITIC, DEFENDANTS, AND NEW JERSEY HOUSING FINANCE AGENCY, THIRD-PARTY PLAINTIFF, v. C. & H. AGENCY, INC. AND DANIEL J. CULNEN, THIRD-PARTY DEFENDANTS. EXCEL WOOD PRODUCTS CO., INC., A NEW JERSEY CORPORATION, PLAINTIFF, v. ALKON INDUSTRIES INC., A NEW JERSEY CORPORATION; KING CONSTRUCTION CORPORATION, A NEW JERSEY CORPORATION; RALPH G. SOLDO, INDIVIDUALLY; SUMMIT INSURANCE COMPANY OF NEW YORK: AND NEW JERSEY HOUSING FINANCE AGENCY: KINGDOM R. WESTERLIND: GEORGE W-DECAMP; ERNESTINE FERRARO; RUDOLPH V. WESTERLIND; FRANK ROSSELLA; CORNELIUS J. GUINEY, DEFENDANTS. QUIKSET FRAME CORP., A NEW JERSEY CORPORATION, PLAINTIFF, v. SUMMIT INSURANCE COMPANY OF NEW YORK, A NEW YORK CORPORATION, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided December 13, 1976.


Attorney(s) appearing for the Case

Mr. William G. Becker, Jr., argued the cause for Summit Insurance Company of New York (Messrs. Shanley and Fisher, attorneys).

Mr. John A. Adler argued the cause for New Jersey Housing Finance Agency (Messrs. Clarick, Clarick, and Miller, attorneys; Mr. Donald E. Clarick on the brief).

Messrs. Clapp and Eisenberg submitted a brief on behalf of Quikset Frame Corp. (Mr. Kenneth D. Meskin on the brief).


RIZZI, A.J.S.C.

This matter is before the court on motion of defendant Summit Insurance Company of New York (SICONY), a New York corporation currently in liquidation, seeking an order staying or abating the proceedings in a number of consolidated cases pending in Camden County arising out of the construction of the "Mansions" housing project in Pine Hill. The motion was filed pursuant to R. 1:6-2. However, defendant Housing Finance Agency of the State of New...

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