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Miller v. McClure

SUPREME COURT OF NEW JERSEY


December 22, 1999

SUZANNE MILLER, PLAINTIFF,
v.
JOHN MC CLURE, INDIVIDUALLY AND AS A SUPERVISING EMPLOYEE OF ARTEX, DEFENDANT AND THIRD PARTY PLAINTIFF-APPELLANT, AND ARTEX KNITTING MILLS, INC., ("ARTEX"); ARTHUR POTTASH, INDIVIDUALLY AND IN HIS CAPACITY AS AN OFFICER, SHAREHOLDER, DIRECTOR AND MANAGER OF ARTEX AND IN HIS CAPACITY AS THE SUPERVISOR OF PLAINTIFF AND MCCLURE; BERNARD GERBARG, INDIVIDUALLY AND IN HIS CAPACITY AS AN OFFICER, SHAREHOLDER, DIRECTOR AND MANAGER OF ARTEX AND IN HIS CAPACITY AS THE SUPERVISOR OF PLAINTIFF AND MCCLURE; AND JOHN DOE COMPANY, XYZ CORPORATION AND ABC PARTNERSHIP, FICTITIOUS NAMES, REPRESENTING ANY AND ALL ENTITIES OWNED AND CONTROLLED BY POTTASH AND GERBARG AND WHICH EMPLOYED MCCLURE AND MILLER; JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS,
v.
ATLANTIC MUTUAL INSURANCE COMPANY, NEW JERSEY RE INSURANCE COMPANY AND HURON INSURANCE COMPANY, THIRD PARTY DEFENDANTS-RESPONDENTS.

The opinion of the court was delivered by: Per Curiam

Argued November 29, 1999

On certification to the Superior Court, Appellate Division, whose opinion is reported at ___ N.J. Super. ___ (1998).

The judgment is affirmed, substantially for the reasons expressed in the opinion of the Appellate Division, reported at ___ N.J. Super. ___ (1998).

CHIEF JUSTICE PORITZ and JUSTICES O'HERN, GARIBALDI, STEIN, COLEMAN, LONG, and VERNIERO join in this PER CURIAM opinion.

SUPREME COURT OF NEW JERSEY

NO. A-60 SEPTEMBER TERM 1998

ON APPEAL FROM ON CERTIFICATION TO Appellate Division, Superior Court

DECIDED December 22, 1999

Chief Justice Poritz PRESIDING

OPINION BY PER CURIAM

19991222 19991222 19991222

© 1999 VersusLaw Inc.



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