Carl Petersen, Plaintiff-Respondent v. Anthony Falzarano, Defendant and Third Party Plaintiff-Respondent, and…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division's dismissal of the insurer's appeal, holding that the trial court's order denying the motion to dismiss the third‑party complaint was interlocutory and not a final judgment, and that the policy’s ‘no action’ clause does not deprive the court of subject‑matter jurisdiction. The Court also concluded that no constitutional question was presented, so the appeal was not proper under Rule 1:2‑1(a).