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WALDORF v. BOROUGH OF KENILWORTH

No. 84-CV-3885.

878 F.Supp. 686 (1995)

Mark WALDORF, Plaintiff, v. BOROUGH OF KENILWORTH, et als., Defendants.

United States District Court, D. New Jersey.

As Revised March 22, 1995.

Attorney(s) appearing for the Case

Warren Wilentz, Michael J. Barrett, Wilentz, Goldman & Spitzer, Woodbridge, NJ, for plaintiff Mark Waldorf.

Richard A. Amdur, Amdur, Boyle, Maggs & McDermott, Oakhurst, NJ, for defendant Borough of Kenilworth.

Richard M. Tango, McDermott, McGee & Ruprecht, Millburn, NJ, for defendants Kenneth C. Spence, Jr. and Mary Kay Spence.

Steven Backfish, Whipple, Ross & Hirsch, Parsippany, NJ, for defendants Joseph Rego and Lawrence Stickle.

George B. Henkel, Soriano, Henkel, Biehl, Matthews & Marinello, Bloomfield, NJ, for defendants Edward Shuta and Carolyn Wood.

Thomas V. Manahan, Satterlee, Stephens, Burke & Burke, Summit, NJ, for defendants William Aherns, William Conrad, Livio Mancino, Richard Lomax, Frank Mascaro, Peter Patuto, Raymond Blydenburgh, Edward Kasparian & John O'Lock.

OPINION

WALLS, District Judge.

Introduction

At issue is the attempt, by motion, of the defendant, Borough of Kenilworth ("the Borough"), to withdraw its stipulation which was made before the second trial of this case. Then, the Borough stipulated that it would not contest its liability to plaintiff Mark Waldorf ("Waldorf") in this tort case, conditioned upon the trial being bifurcated into damages and liability phases with separate juries; the...

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