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MAUTZ v. J.P. PATTI CO.

298 N.J. Super. 13 (1997)

DEREK MAUTZ, PLAINTIFF, v. J.P. PATTI COMPANY, REMY ASSOCIATES, A NEW JERSEY PARTNERSHIP, CATERPILLAR, INC., FOLEY MACHINERY CO., DEFENDANTS. REMY ASSOCIATES, DEFENDANT-THIRD PARTY PLAINTIFF-APPELLANT, v. GAGLIANO BROS. CO. AND JOSEPH GAGLIANO T/A GAGLIANO BROTHERS AND GAGLIANO BROTHERS EXCAVATING CO., THIRD-PARTY-DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 24, 1997.

Attorney(s) appearing for the Case

Richard E. Snyder argued the cause for appellant (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys; Mr. Snyder, on the brief).

Anthony J. Andolino argued the cause for respondent (Gallo Geffner Fenster, attorneys; Mr. Andolino, Peter J. Heck and Valerie A. Vladyka, on the brief).

Before Judges KING, KEEFE and CONLEY.

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

I.

This case involves interpretation of a contractual indemnification clause in an agreement between a general contractor and a subcontractor. The case arises from a personal injury claim made by the subcontractor's employee sustained at a June 4, 1990 jobsite accident during installation of a drainage system. The Law Division judge dismissed the general contractor's claim for contractual indemnity...

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