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Optical Servs. USA/JCI v. Franklin Mut. Ins. Co.

Superior Court of New Jersey, Law Division, Bergen County

August 13, 2020, Decided

DOCKET NO.: BER-L-3681-20

Opinion

Civil Action

ORDER

THIS MATTER having been brought before the Court by way of Motion of Methfessel & Werbel, attorneys for defendant(s), Franklin Mutual Insurance Company, seeking an Order for Dismissal, and the Court having reviewed the moving papers, any opposition thereto, oral argument having been heard, and for other good cause having been shown;

IT IS on this 13th day of August, 2020;

ORDERED

that plaintiff's Complaint and any and all Crossclaims be and is hereby dismissed DENIED*; and it is Further

ORDERED that the Court provides a copy of this Order to all counsel of record on this date via eCourts Civil. Movant is directed to serve a copy of this Order within seven (7) days of the date hereof on all parties not served electronically via regular and certified mail return receipt requested.

/s/ Michael N. Beukas

Hon. Michael N. Beukas, J.S.C.

OPPOSED

* The Motion is denied for the reasons stated at length on the record.

TRANSCRIPT OF MOTION

Place: Bergen County Justice Center

10 Main Street

Hackensack, New Jersey [*2]  07601

Date: August 13, 2020

BEFORE:

HONORABLE MICHAEL N. BEUKAS, J.S.C.

TRANSCRIPT ORDERED BY:

ERIC L. HARRISON, ESQ. (Methfessel & Werbel)

APPEARANCES:

SEAN E. ROSE, ESQ. (Olender Feldman, LLP)

Attorney for Plaintiffs

ERIC L. HARRISON, ESQ. (Methfessel & Werbel)

Attorney for Defendant

Transcriber: Laura Scicutella

Phoenix Transcription, LLC

796 Macopin Rd.

West Milford, NJ 07480

(862)248-0670

Audio Recorded

Recording Opr: Alexa D'Angelo

INDEX

Colloquy re: Housekeeping

3,7,30

ARGUMENTS:

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2020 N.J. Super. Unpub. LEXIS 1782 *

OPTICAL SERVICES USA/JCI, OPTICAL SERVICES USA, LLC, OPTICAL SERVICES USA-WO, RE & LE HOLDING LLC, STONG OD EWING NJ, LLC, Plaintiffs, v. FRANKLIN MUTUAL INSURANCE COMPANY, Defendant.

CORE TERMS

coverage, indiscernible, closure, discovery, virus, interruption, contamination, gentlemen, non-essential, transmission, morning, destruction