STATE v. CRUZ CONST. CO., INC.


279 N.J. Super. 241 (1995)

652 A.2d 741

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CRUZ CONSTRUCTION COMPANY, INC., CRUZ CONSTRUCTION CORPORATION, AND SAFECO INSURANCE COMPANY OF AMERICA, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 2, 1995.


Attorney(s) appearing for the Case

John F. Neary and Michael J. Forrester argued the cause for appellants Cruz Construction Corporation and Safeco Insurance Company of America (Connell, Foley & Geiser and Lum, Hoens, Conant, Danzis & Kleinberg, attorneys; Theodore W. Geiser and Colin M. Danzis, of counsel; Mr. Neary, Mr. Danzis and Dennis J. Drasco, on the brief).

Wayne J. Martorelli argued the cause for respondent State of New Jersey (Duane, Morris & Heckscher and Deborah T. Poritz, Attorney General of New Jersey, attorneys; Helene P. Chudzik, Deputy Attorney General, of counsel; Mr. Martorelli, on the brief).

Steven E. Brawer argued the cause for amicus curiae Construction Industry Advancement Program of New Jersey (Mandelbaum, Salsburg, Gold, Lazris, Discenza & Steinberg, attorneys; Mr. Brawer, of counsel; Mr. Brawer and Adrienne L. Isacoff, on the brief).

Before Judges MICHELS, STERN and KEEFE.


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

We granted defendants Cruz Construction Corporation (Cruz) and Safeco Insurance Company of America (Safeco) leave to appeal from an order of the Law Division that denied their motions to dismiss the complaint of plaintiff State of New Jersey (State) on the ground that the claims asserted against them were barred by the ten-year limitation period of N.J...

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