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LUMBERMENS MUTUAL CASUALTY CO. v. CARRIERE

163 N.J. Super. 7 (1978)

394 A.2d 132

LUMBERMENS MUTUAL CASUALTY COMPANY, A CORPORATION, PLAINTIFF-APPELLANT, v. ESTHER COHEN CARRIERE, DEFENDANT-RESPONDENT, AND NICHOLAS CARRIERE, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided October 12, 1978.

Attorney(s) appearing for the Case

Mr. Raymond J. Lamb argued the cause for appellant (Messrs. Lamb, Hutchinson, Chappell, Ryan & Hartung, attorneys; Ms. Mary B. Rogers, on the brief).

Mr. Steven R. Rubenstein argued the cause for respondent Esther Cohen Carriere (Messrs. Rubenstein & Sherwood, attorneys).

No brief was submitted in behalf of defendant Nicholas Carriere.

Before Judges LORA, MICHELS and LARNER.

The opinion of the court was delivered by MICHELS, J.A.D.

This is an appeal from a judgment of the Law Division dismissing, under principles of comity and without prejudice, a declaratory judgment action instituted by plaintiff Lumbermens Mutual Casualty Company against defendants Esther C. Carriere and Nicholas Carriere. The court held that the pendency of a prior action in the New York courts between the same parties involving the same issues precluded New Jersey...

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