RIBEIRA & LOURENCO v. JACKSON HEALTH CARE ASSO.


254 N.J. Super. 445 (1992)

603 A.2d 976

RIBEIRA & LOURENCO CONCRETE CONSTRUCTION, PLAINTIFF, v. JACKSON HEALTH CARE ASSOCIATES, DEFENDANT AND THIRD-PARTY PLAINTIFF-APPELLANT. JOHN J. MICHAELS DEVELOPERS, INC.; MICHAEL CASTORO; GREEN CAST ENTERPRISES, INC.; CONDOR COMPANY, INC., AND HOWARD LOWY, DEFENDANTS, v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, DEFENDANT AND THIRD-PARTY DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 4, 1992.


Attorney(s) appearing for the Case

David L. Harris argued the cause for appellant Jackson Health Care Associates (Lowenstein, Sandler, Kohl, Fisher & Boylan, attorneys; David L. Harris, of counsel; David L. Harris and Arthur L. Saiewitz, on the brief).

Peter V. Koenig argued the cause for respondent Indemnity Insurance Company of North America (Napodano & Raffo, attorneys; Peter V. Koenig, of counsel and on the brief).

Before Judges MICHELS, HAVEY and CONLEY.


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

Defendant and third-party plaintiff Jackson Health Care Associates (Jackson) appeals from a summary judgment of the Law Division entered in favor of defendant and third-party plaintiff Indemnity Insurance Company of North America (North America) that dismissed all of its claims under a labor and material payment bond. The pivotal issue raised by this appeal...

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