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ASSURANCE CO. OF AMERICA, INC. v. JAY-MAR, INC.

Civil Action No. 97-4825 (SSB).

38 F.Supp.2d 349 (1999)

ASSURANCE COMPANY OF AMERICA, INC., a New York Corporation, Plaintiff, v. JAY-MAR, INC., d/b/a Absecon Home Center, a New Jersey Corporation, Defendant/Third-Party Plaintiff, v. Johnston Insurance Agency, Inc., Third-Party Defendant.

United States District Court, D. New Jersey.

February 10, 1999.

Attorney(s) appearing for the Case

James P. Lisovicz, Mcelroy, Deutch & Mulvaney, Morristown, NJ, Attorney for Plaintiff Assurance Company of America, Inc.

Alan C. Milstein, Sherman, Silverstein, Kohl, Rose & Podolsky, P.C., Pennsauken, NJ, Attorney for Defendant/Third-Party Plaintiff Jay-Mar, Inc.

Michael J. O'Mara, Crawshaw & Mayfield, Cherry Hill, NJ, Attorney for Third-Party Defendant Johnston Insurance Agency, Inc.

BROTMAN, District Judge.

Presently before the Court is the motion of plaintiff Assurance Company of America, Inc. ("Assurance") and the cross-motion of third-party defendant Johnston Insurance Agency, Inc. ("Johnston") for summary judgment pursuant to Fed. R.Civ.P. 56.

I. FACTUAL AND PROCEDURAL BACKGROUND

In 1990, Jay-Mar, Inc. ("Jay-Mar"), d/b/a Absecon Home Center, with its principals Jay and Marilyn Weisman, purchased the premises...

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