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Decarlo v. Pettinato

New Jersey Superior Court, Appellate Division


June 19, 1997

JOSEPH DECARLO
v.
JOSEPH PETTINATO.

Opinion of March 21, 1997,

Approved for Publication July 9, 1997.

Before Judges Pressler and Petrella.

The opinion of the court was delivered by: Pressler

This matter having been duly presented by the court, it is on this 19th day of June, 1997, hereby Ordered as follows:

The motion for leave to appeal is granted and the court elects pursuant to R. 2:8-3(b) summarily to decide the appeal.

We affirm the denial of the summary judgment motion of Cigna Property & Casualty Companies for an adjudication of non-coverage based on the business exclusion.

The balance of the summary judgment requiring Cigna Property & Casualty Companies to defend and indemnify is reversed as improvident and premature.

FOR THE COURT

SYLVIA B. PRESSLER, P.J.A.D.

19970619


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