Summary
adopting "the only sensible interpretation" of a statute
Summary of this case from New Jersey v. TaxationOpinion
Argued October 23, 1995 —
Decided December 6, 1995.
Appeal from Superior Court, Appellate Division.
Craig J. Hubert argued the cause for appellant ( Brotman Graziano, attorneys; Mr. Hubert and Dennis S. Brotman, of counsel and on the brief).
Michele M. Fox argued the cause for respondent The Travelers Indemnity Company of Illinois, etc. ( Kenney Kearney, attorneys; Ms. Fox and Ralph R. Smith, 3rd, on the brief).
C. Edward Speidel argued the cause for respondent Webster H. Grimm, improperly pleaded as Webster M. Grimm ( Golden, Rothschild, Spagnola DiFazio, attorneys).
Marc L. Dembling argued the cause for respondent C.I.A.P.N.J. ( Berlin, Kaplan, Dembling Burke, attorneys).
The judgment is affirmed, substantially for the reasons expressed in Judge Baime's opinion of the Appellate Division, reported at 277 N.J. Super. 236, 649 A.2d 624 (1994).
We would reverse, substantially for the reasons expressed in Judge Kestin's dissenting opinion, reported at 277 N.J. Super. 236, 649 A.2d 624 (1994).
For affirmance — Chief Justice WILENTZ, and Justices HANDLER, POLLOCK, O'HERN and GARIBALDI-5.
For reversal — Justices STEIN and COLEMAN-2.