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LABREE v. MILLVILLE MFG., INC.

195 N.J. Super. 575 (1984)

481 A.2d 286

DAVID LABREE, PLAINTIFF-APPELLANT-RESPONDENT, v. MILLVILLE MANUFACTURING, INC., WAWA, INC., DEFENDANT-RESPONDENT, AND GASKILL CONSTRUCTION COMPANY, DEFENDANT-APPELLANT, AND J.J. NUGENT AND JOHN J. DUNN CONSTRUCTION COMPANY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided August 8, 1984.

Attorney(s) appearing for the Case

Walter T. Wolf argued the cause for appellant David LaBree (Farr, Reifsteck, Wolf & Ware, attorneys; David W. Morgan, on the brief).

John P. Morris, argued the cause for respondent Millville Manufacturing, Inc. — Wawa, Inc. (Horuvitz, Perlow, Morris & Baker, attorneys).

Anthony D. Buonadonna argued the cause for appellant Gaskill Construction Company (Buonadonna, Benson & Speziali, attorneys).

John A. Fratto, argued the cause for appellant J.J. Nugent and John J. Dunn Construction Company (Fratto, Little, Alessi & Abbott, attorneys).

Before Judges FRITZ, FURMAN and DEIGHAN.

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

This is a complex matter, involving three consolidated interlocutory appeals and entailing, among other things, consideration of the reach of N.J.S.A. 2A:42A-2. It is made more difficult by the failure of the trial judge to report findings of fact on crucial issues, contrary to the mandates of R. 4:46-2 and R. 1:7-4. Some of these findings appear in colloquy with counsel on the summary...

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