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TOTTEN v. GRUZEN, ET AL.

52 N.J. 202 (1968)

245 A.2d 1

ANTHONY TOTTEN, AN INFANT BY HIS GUARDIAN AD LITEM, JOHN J. TOTTEN, AND JOHN J. TOTTEN, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. SUMNER B. GRUZEN AND HUGH KELLY, INDIVIDUALLY AND TRADING AS KELLY & GRUZEN, A PARTNERSHIP, FRANK W. BOGERT, INDIVIDUALLY AND TRADING AS FRANK BOGERT CONSTRUCTION CO.; AND LANGFELDT HEATING & VENTILATING CORP., A CORPORATION, DEFENDANTS-RESPONDENTS, AND HOUSING AUTHORITY OF THE CITY OF HACKENSACK, DEFENDANT.

The Supreme Court of New Jersey.

Decided July 11, 1968.

Attorney(s) appearing for the Case

Mr. Joseph M. Levinsohn argued the cause for appellants.

Mr. Mark D. Larner argued the cause for respondents Sumner B. Gruzen and Hugh Kelly (Messrs. Budd, Larner, Kent & Gross, attorneys; Mr. Larner, of counsel).

Mr. George T. Daggett argued the cause for respondent Frank W. Bogert (Messrs. Vaccaro and Osborne, attorneys; Mr. Daggett, of counsel).

Mr. Lewis W. Vanderbach argued the cause for respondent Langfeldt Heating and Ventilating Corp.

The opinion of the Court was delivered by HALL, J.

This case, in its current posture, presents the strictly legal question whether the architects, the general contractor, or the heating contractor of an apartment house can be held liable in negligence, on the theory of alleged improper design of the heating system creating an unreasonable risk of harm, for personal injuries sustained by the child of a tenant some years after their work had been completed and...

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