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CYPRESS POINT v. ADRIA TOWERS

Docket No. A-2767-13T1

118 A.3d 1080 (2015)

441 N.J. Super. 369

CYPRESS POINT CONDOMINIUM ASSOCIATION, INC., Plaintiff-Appellant/Cross-Respondent, v. ADRIA TOWERS, L.L.C.; D. Loureiro Masonry Contractor; Dean Marchetto Associates, P.C.; Pereira Construction, L.L.C.; American Architectural Restoration; Metro Homes, L.L.C.; Commerce Construction Management, L.L.C.; Waterfront Management Systems, L.L.C.; NCF Glazing & Erecting, Inc.; and MDNA Framing, Inc., Defendants. and Weather-Tite, Defendant/Third-Party Plaintiff, v. Pereira Construction, L.L.C., and American Architectural Restoration, Third-Party Defendants, and Evanston Insurance Company, Defendant/Third-Party Plaintiff-Respondent/Cross-Appellant, and National Indemnity Company, Third-Party Defendant, and Crum & Forster Specialty Insurance Company, Third-Party Defendant-Respondent/Cross-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 9, 2015.

Attorney(s) appearing for the Case

Mark M. Wiechnik argued the cause for appellants/cross-respondents Cypress Point Condominium Association, Inc., (Ansell Grimm & Aaron, P.C., attorneys; Mr. Wiechnik and Breanne M. DeRaps , on the brief).

Elliott Abrutyn argued the cause for respondent/cross-appellant Evanston Insurance Company (Morgan Melhuish Abrutyn, attorneys; Mr. Abrutyn, of counsel; Mr. Abrutyn and Thomas G. Rantas , Livingston, on the brief).

John S. Favate argued the cause for respondent/cross-appellant Crum & Forster Specialty Insurance Company (Hardin, Kundla, McKeon & Poletto, P.A., attorneys; George R. Hardin and Arthur A. Povelones, Jr. , Springfield, of counsel; Mr. Hardin, Mr. Povelones, and Brian C. Alfson , on the brief).

Before Judges YANNOTTI, FASCIALE and HOFFMAN.

The opinion of the court was delivered by

Plaintiff, a condominium association, brought claims against the association's developer, Adria Towers, L.L.C. (the "developer"), the developer's insurers, Evanston Insurance Company ("Evanston") and Crum & Forster Specialty Insurance Company ("Crum & Forster") (collectively...

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