ABEL HOLDING CO., INC. v. AMERICAN DIST. TEL.


147 N.J. Super. 263 (1977)

371 A.2d 111

ABEL HOLDING COMPANY, INC., PLAINTIFF-RESPONDENT, v. AMERICAN DISTRICT TELEGRAPH COMPANY AND GRINNELL COMPANY, DEFENDANTS, AND NEW JERSEY BELL TELEPHONE COMPANY, DEFENDANT-APPELLANT. ABEL HOLDING COMPANY, INC., PLAINTIFF-APPELLANT, v. AMERICAN DISTRICT TELEGRAPH COMPANY, NEW JERSEY BELL TELEPHONE COMPANY AND GRINNELL COMPANY, INC., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Reargued January 10, 1977.

Decided February 4, 1977.


Attorney(s) appearing for the Case

Mr. James Cooper argued the cause for New Jersey Bell Telephone Company (Messrs. Cooper, Perskie, Katzman, April, Niedelman & Wagenheim, attorneys; Mr. Lewis B. April, of counsel and on the brief; Ms. Mary M. Reiss on the brief).

Mr. Franklin Sachs argued the cause for Abel Holding Co., Inc. (Messrs. Podvey & Sachs, attorneys; Mr. Henry J. Catenacci on the brief).

Mr. Burtis W. Horner argued the cause for American District Telegraph Company (Messrs. Stryker, Tams & Dill, attorneys; Mr. Stephen D. Cuyler on the brief).

Messrs. Cole, Koury, Cole & Tighe, attorneys for Grinnell Company, Inc., did not participate in the appeal.

Before Judges BISCHOFF, MORGAN and RIZZI.


PER CURIAM.

Plaintiff Abel Holding Company (Abel) filed a complaint April 6, 1972 seeking recovery for property damage and loss of profits sustained when a fire occurring December 27, 1969 extensively damaged an amusement center known as "Steel Pier" in Atlantic City.

Defendants are the American District Telegraph Company (ADT), New Jersey Bell Telephone Company (Bell), and Grinnell Company, Inc. (Grinnell).

Following extensive discovery, a pretrial...

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