MEDFORD COMMONS, LLC v. LEXON INSURANCE COMPANY (L-0222-08, BURLINGTON COUNTY AND STATEWIDE) ( 2022 )

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0029-20 MEDFORD COMMONS, LLC, Plaintiff, v. LEXON INSURANCE COMPANY AND BOND SAFEGUARD INSURANCE COMPANY, Jointly and Severally, Defendants, and TOWNSHIP OF MEDFORD, Intervenor-Plaintiff, v. LEXON INSURANCE COMPANY AND BOND SAFEGUARD INSURANCE COMPANY, Jointly and Severally, Defendants/Third-Party Plaintiffs Respondents/Cross-Appellants, v. FREEDMAN COHEN DEVELOPMENT, LLC, CARL FREEDMAN, Individually, and MITCHELL COHEN, Individually, Third-Party Defendants and Fourth-Party Defendants, and MEDFORD VILLAGE EAST ASSOCIATES, LLC, Third-Party Defendant/ Fourth-Party Plaintiff- Appellant/Cross-Respondent, and STEPHEN D. SAMOST, Fourth-Party Plaintiff, v. MEDFORD COMMONS, LLC, TOWNSHIP OF MEDFORD, CHRISTOPHER CONLON, Individually, PETER RIPKA, Individually, TODD COOPER, Individually, and PENNONI ASSOCIATES, INC., Fourth-Party Defendants. ___________________________________ Submitted December 15, 2021 – Decided January 3, 2022 A-0029-20 2 Before Judges Whipple, Geiger and Susswein. On appeal from the Superior Court of New Jersey, Law Division, Burlington County, Docket No. L-0222-08. Hyland Levin Shapiro, LLP, attorneys for appellant/cross-respondent Medford Village East Associates, LLC (Peter J. Boyer, on the briefs). Brown & Connery, LLP, attorneys for respondent/cross-appellant Lexon and Bond Safeguard Insurance Companies (William M. Tambussi, Paul Mainardi and Joseph T. Carney, on the briefs). PER CURIAM We have been advised prior to argument this matter has been amicably adjusted, and the parties have stipulated to the dismissal of this appeal. Accordingly, the appeal is dismissed with prejudice and without costs. A-0029-20 3