Mae Brosor v. David F. Sullivan

Elcar Mobile Homes, Inc. (Elcar) sued D.K. Baxter, Inc. (Baxter) in the Atlantic County District Court for damages allegedly caused to one of Elcars house trailers while Baxter was removing paint from the surface of the trailer by sandblasting. Baxter filed a third-party complaint against Hartford Accident & Indemnity Company (Hartford) claiming that Hartford was obliged, under its policy issued to Baxter, to defend the action by Elcar and to pay any judgment Elcar might recover. Hartford denied liability. Hartford then served notice of motion for summary judgment "on the ground that there exists no genuine issue as to any material fact and that * * * Hartford * * * is entitled to the judgment as a matter of law. At the time of the hearing of said motion, Third Party Defendant shall rely upon the statement under oath of John Louis Crist * * *." The trial judge entered summary judgment in favor of Hartford, and Baxter appeals.