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SPOLITBACK v. CYR CORP.

295 N.J. Super. 264 (1996)

684 A.2d 1021

ALEXANDER SPOLITBACK AND EVA SPOLITBACK, PLAINTIFFS-APPELLANTS, v. CYR CORPORATION AND RICHARD CYR, INDIVIDUALLY AND T/A CYR CONSTRUCTION, DEFENDANTS/THIRD-PARTY PLAINTIFFS-RESPONDENTS, v. DAVID J. SEERY T/A S & J CONSTRUCTION, TERRY MCCULLEY T/A T & M EXTERIORS, DAVID SCHMIDT, D'AGOSTINO GARDEN STATE WATERWELL CO., ALAN DUBOIS, GERALD GROSS, HARRY FRIANT, THIRD-PARTY DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 26, 1996.

Attorney(s) appearing for the Case

Benjamin A. Silber argued the cause for appellants.

Nicholas Kierniesky argued the cause for respondents (Jay H. Greenblatt & Associates, attorneys; Mr. Kierniesky, on the brief).

No brief was filed by any other party.

Before Judges HAVEY, BROCHIN and KESTIN.

The opinion of the court was delivered by KESTIN, J.A.D.

Plaintiffs appeal from the trial court's order dismissing their complaint, occasioned by a grant of defendants' motion for summary judgment. The trial court ruled that plaintiffs' suit was barred because they had elected an arbitration remedy under the New Home Warranty and Builders' Registration Act, N.J.S.A. 46:3B-1 to -12 (the Act). We affirm in part, reverse in part, and remand for further proceedings...

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