Opinion
A-111 September Term 1999
Argued November 27, 2000
Decided December 13, 2000.
On certification to the Superior Court, Appellate Division, whose opinion is reported at 328 N.J. Super. 460, 746 A.2d 462 (2000).
R. James Kravitz argued the cause for appellant (Fox, Roths child, O'Brien Frankel, attorneys; Jonathan D. Weiner, of counsel).
Roger P. Sauer argued the cause for respondents (Lindabury McCormick Estabrook, attorneys; Mr. Sauer and Erie B. Levine, on the brief).
Andrew S. Kent submitted a letter in lieu of brief on behalf of amici curiae, The Surety Association of America and American Insurance Association (Wolff Samson, attorneys).
The judgment is affirmed, substantially for the reasons expressed in Judge Coburn's opinion of the Appellate Division, which is reported at 328 N.J. Super. 460, 746 A.2d 462 (2000).
For affirmance — Chief Justice PORITZ and Justices STEIN, COLEMAN, VERNIERO, and LaVECCHIA and ZAZZALI — 6.
Opposed — None.