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RIEDER COMMUNITIES, INC. v. NORTH BRUNSWICK TP.

227 N.J. Super. 214 (1988)

546 A.2d 563

RIEDER COMMUNITIES, INC., D/B/A DAYTON SQUARE, DAYTON CENTER AND DAYTON CENTER EAST; SILVER BAY PROPERTIES, INC.; RIDER LAND TECHNOLOGY, INC.; SOLOMON RIEDER, GEORGE RIEDER AND STANLEY RIEDER, PLAINTIFFS-APPELLANTS, v. TOWNSHIP OF NORTH BRUNSWICK, DEFENDANT-RESPONDENT. CHARLES J. KUPPER, INC., DEFENDANT-THIRD-PARTY PLAINTIFF-RESPONDENT, AND INTERNATIONAL BUSINESS MACHINES CORPORATION, MIDEAST ALUMINUM INDUSTRIES, INC., R & M, INC. AND OTHER UNKNOWN COMPANIES AND INDIVIDUALS, DEFENDANTS, v. TOWNSHIP OF SOUTH BRUNSWICK, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided August 9, 1988.

Attorney(s) appearing for the Case

Herbert C. Klein, argued the cause for appellants (Klein, Chapman, Greenburg, Henkoff & Siegel, attorneys; Michael A. Saffer, on the brief; Herbert C. Klein, of counsel).

Thomas J. Savage, argued the cause for respondent Township of North Brunswick (Savage & Serio, P.A., attorneys; Dawn A. Serio, on the brief; Thomas J. Savage, of counsel and on the brief).

Robert S. Susser, argued the cause for respondent Charles J. Kupper, Inc. (Karasic, Stone & Susser, attorneys; Russell J. Malta, on the brief; Robert S. Susser, of counsel and on the brief).

Before Judges MICHELS, GAYNOR and ARNOLD M. STEIN.

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

Plaintiffs, land developers and builders in South Brunswick Township, collectively referred to as Rieder, appeal from the dismissal of their complaint seeking damages because of building delays allegedly caused by, (1) the negligence of defendant, Charles J. Kupper, Inc. (Kupper) in the performance of its duties as the design engineer for the construction of a North Brunswick Township sewer extension and thereafter...

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