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LYN-ANNA PROPERTIES LTD. v. HARBORVIEW DEVELOPMENT

145 N.J. 313 (1996)

678 A.2d 683

LYN-ANNA PROPERTIES, LTD., ALAN HUSAK AND ALAN KIPNIS, PLAINTIFFS-RESPONDENTS, v. HARBORVIEW DEVELOPMENT CORP., DEFENDANT AND THIRD-PARTY PLAINTIFF, AND KURENS SOUTH INC., PHILIP KURENS AND CLAIRE KURENS, DEFENDANTS AND THIRD-PARTY PLAINTIFFS-APPELLANTS, v. ROBERT NOTTE, THIRD-PARTY DEFENDANT.

The Supreme Court of New Jersey.

Decided July 16, 1996.

Attorney(s) appearing for the Case

John Barry Cocoziello argued the cause for appellants (Podvey, Sachs, Meanor, Catenacci, Hildner & Cocoziello, attorneys; H. Curtis Meanor and Mr. Cocoziello, of counsel; Amy B. Wagner, on the briefs).

Elliott Abrutyn argued the cause for respondents (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski and Lum, Danzis, Drasco, Positan & Kleinberg, attorneys; Mr. Abrutyn and Dennis J. Drasco, of counsel; Warren Usdin and Kevin J. O'Connor, on the brief).

The opinion of the Court was delivered by O'HERN, J.

This appeal concerns the ancillary jurisdiction of the Chancery Division of Superior Court. The question is whether in a pending equitable action between business partners, the Chancery Division may retain jurisdiction over a compulsory counterclaim asserted by one group of partners against another group of partners for legal malpractice related to the partnership affairs. We hold, in the circumstances of this case...

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