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D & K LANDSCAPING CO. v. GREAT AMERICAN INS. CO.

191 N.J. Super. 448 (1983)

D & K LANDSCAPING CO., PLAINTIFF-APPELLANT v. GREAT AMERICAN INSURANCE CO., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided September 27, 1983.

Attorney(s) appearing for the Case

Charles H. Nugent, argued the cause for appellant; (Clifford V. Long, on the brief).

Edward J. Frisch, argued the cause for respondent (Lindabury, McCormick & Estabrook, attorneys; Bruce P. Ogden, on the brief).

Before Judges MICHELS, KING and DRIER.

DREIER, J.A.D.

Plaintiff appeals from a decision of the Law Division denying its motions for summary judgment and granting those of defendant. The facts are largely undisputed. Plaintiff acted as a landscaping sub-contractor employed by South Jersey Construction Company (South Jersey) on a highway project in which South Jersey was retained by the State of New Jersey and for which defendant Great American Insurance Company (Great American) had posted a payment and...

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