DeLUCA v. KAHR BROTHERS, INC.


171 N.J. Super. 100 (1979)

407 A.2d 1285

RONALD AND JOAN DELUCA, HIS WIFE; RICHARD AND JUDY BANDLOW, HIS WIFE; JOSEPH CARLIS; DONALD D'AGOSTINO; GEORGE AND ALICE DEROSA, HIS WIFE; THOMAS AND MARGARET D'EUSTACHIO, HIS WIFE; BRUCE FRANKS; FRANK AND URSULA GUILIANO, HIS WIFE; DONALD AND JOANNE HANNON, HIS WIFE; DAVID IWANICHI; TIBOR LORINCZ; DAVID AND MARILYN LYNCH, HIS WIFE; ROBERT AND JOAN LYONS, HIS WIFE; EDWARD AND BARBARA MANKOVICH, HIS WIFE; WILLIAM AND DEBRA MCDOWELL, HIS WIFE; EUGENE AND MARIANNE MICHALSKI, HIS WIFE; JOHN AND RENEE NAYLOR, HIS WIFE; JOHN AND MARIA PATSAROS, HIS WIFE; M. JOAN PEARSON; ROBERT AND MARGARET STURM, HIS WIFE; WILLIAM TOCK; FRANK TOTH, SR.; JACK WINKELSPECHT; TED AND DALE WOMPEIRSKI, HIS WIFE, PLAINTIFFS, v. KAHR BROTHERS, INC.; RICHARD KAHR, INDIVIDUALLY; ROBERT KAHR, INDIVIDUALLY; IRONGATE ASSOCIATES; EDGEWATER PROPERTIES CO.; ORCHARD ESTATES; HENRY CARPENTER, INDIVIDUALLY; TOWN & COUNTRY REALTY, INC.; STANLEY SLOVIN, INDIVIDUALLY; THE TOWNSHIP COMMITTEE OF EDGEWATER PARK; THE PLANNING BOARD OF EDGEWATER PARK; THE ZONING BOARD OF ADJUSTMENT OF EDGEWATER PARK; JOHN H. SHOEN, INDIVIDUALLY; THE STATE OF NEW JERSEY, DEPARTMENT OF COMMUNITY AFFAIRS, BUREAU OF CONSTRUCTION CODE ENFORCEMENT; RICHARD VOGEL, INDIVIDUALLY; RALPH DEVINO, INDIVIDUALLY; CONGRESS TITLE CO., JOINTLY, SEVERALLY AND INDIVIDUALLY, DEFENDANTS, v. BERNARD P. WOJTKOWIAK, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Law Division Burlington County.

Decided October 22, 1979.


Attorney(s) appearing for the Case

Mr. William J. O'Byrne for plaintiffs.

Mr. John A. Miller for defendants Kahr Brothers, Inc., Irongate Associates, Edgewater Properties and Orchard Estates, and third-party plaintiff Kahr Brothers, Inc. (Messrs. Archer, Greiner & Read, attorneys).

Mr. Harold T. Parker for plaintiffs' insurance company (Messrs. Parker, McCay & Criscuolo, attorneys).

Mr. Ronald E. Bookbinder for defendant Edgewater Park Zoning Board of Adjustment (Messrs. Bookbinder, Colagouri and Bookbinder, attorneys).

Mr. George Ciervo for defendants Stanley Slovin and Town & County Realty (Messrs. Ciervo & Strozyk-Ciervo, attorneys).

Mr. Maurice Denbo for defendant Planning Board of Edgewater Park.

Mr. George H. Hulse for defendant John H. Shoen (Messrs. Hulse & Hulse, attorneys).

Ms. Karen Ruth Larson for defendant State of New Jersey, Department of Community Affairs, Bureau of Construction Code Enforcement (Mr. John J. Degnan, Attorney General, attorney).

Mr. Alvin D. Miller for defendant Congress Title Co.

Mr. John A. Sweeney for defendant Edgewater Park Township Committee (Messrs. Dietz, Allen & Sweeney, attorneys).

Mr. Jack J. DeSalvo for defendant Edgewater Park Township's insurance company (Mr. Joseph J. Buttafuoco, attorney).


HAINES, J.S.C.

Thirty-nine plaintiffs in this case have sued 17 defendants. Among those named as defendants are the Township Committee of the Township of Edgewater Park, the township's planning board, its zoning board and its construction official. Plaintiffs are purchasers of homes in a development known as "Orchard Estates," situate in the township. They complain of defective construction and seek damages as well as injunctive relief for the failure of the municipal...

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