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TRUS JOIST CORP. v. NAT'L UNION FIRE INS. CO.

190 N.J. Super. 168 (1983)

462 A.2d 603

TRUS JOIST CORPORATION, A CORPORATION OF THE STATE OF NEVADA, AND MATTHEW J. SCOLA, AS TRUSTEE OF THE ESTATE OF TREETOP ASSOCIATES, INC., BANKRUPT, PLAINTIFFS-APPELLANTS, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, INTERVENOR-RESPONDENT, AND TREETOP ASSOCIATES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, LOG SCHOOL HOUSE ROAD CORPORATION, A CORPORATION OF THE STATE OF NEW JERSEY, MACOPIN ASSOCIATES, A PARTNERSHIP, LEO FITZPATRICK A/K/A LEE FITZPATRICK, MICHAEL ANDERSON, JOHN RUSSIAN, WILLIAM BOWMAN AND J. MERRILL FITZPATRICK, DEFENDANTS, AND HUDSON CITY SAVINGS BANK, A BANKING CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 10, 1983.

Attorney(s) appearing for the Case

Jeffrey W. Herrmann argued the cause for appellants (Cohn & Lifland, attorneys; Daniel Crystal and Jeffrey W. Herrmann, on the brief).

John J. Byrne, III, argued the cause for respondent (Cole, Geaney, Yamner & Byrne, attorneys; John J. Byrne, on the brief).

Before Judges MORTON I. GREENBERG and FURMAN.

The opinion of the court was delivered by MORTON I. GREENBERG, J.A.D.

This appeal involves another chapter in this protracted litigation, the disposition of which requires an extended opinion by this court.

On April 18, 1977 Trus Joist Corporation filed this action in the Superior Court, Chancery Division, Passaic County, against Treetop Associates, Inc., a New Jersey corporation, Macopin Associates, a partnership, Leo Fitzpatrick, John Russian, Michael Anderson...

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