3/30/2009
P&C Construction v. New Jersey Lawyers Service
In P&C Construction v. New Jersey Lawyers Service, Eric Malinowski successfully argued for summary judgment in an action alleging that our client did not properly serve the plaintiff with a summons and complaint which lead to its default as a defendant in an underlying construction litigation. In moving for summary judgment, Mr. Malinowski argued that the plaintiff was not a third-party beneficiary to New Jersey Lawyers Service’s contract with the plaintiff in the underlying action. Morris County Superior Court Judge Michael Paul Wright agreed and dismissed all claims against New Jersey Lawyers Service. The Court held that the there was no evidence to support plaintiff’s position that it was a third-party beneficiary to any contract between New Jersey Lawyers Service and the plaintiff in the underlying construction litigation.