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HODGSON v. CHIN

168 N.J. Super. 549 (1979)

403 A.2d 942

FRANCIS R. HODGSON AND CAROL J. HODGSON, HIS WIFE, PLAINTIFFS-APPELLANTS, v. EDWARD CHIN AND JENNY SOO CHIN, HIS WIFE, DEFENDANTS-COUNTERCLAIMANTS AND THIRD-PARTY PLAINTIFFS-RESPONDENTS, v. WILLIAM HODGSON AND MARION L. HODGSON, HIS WIFE, THIRD-PARTY DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 8, 1979.

Attorney(s) appearing for the Case

Mr. Jan M. Schlesinger argued the cause for appellants (Messrs. Hartman, Schlesinger, Schlosser and Faxon, attorneys).

Mr. James R. Coley, Jr. argued the cause for respondents (Messrs. Coley & McCarthy, attorneys).

Before Judges CONFORD, PRESSLER and KING.

The opinion of the court was delivered by CONFORD, P.J.A.D. (retired and temporarily assigned).

In the recent case of McDonald v. Mianecki, 79 N.J. 275 (1979), our Supreme Court held that the builder-vendor of a new home is subject to an implied warranty that the house which he constructs will be of reasonable workmanship and habitability. Id. at 293. The court affirmed a holding of this court to the same effect.

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