RUBIN v. AMC HOME INSPECTION & WARR. SERV.


175 N.J. Super. 315 (1980)

418 A.2d 306

ROBERT RUBIN AND ELEANOR RUBIN, PLAINTIFFS, v. AMC HOME INSPECTION & WARRANTY SERVICE, A CORP., DEFENDANT.

Superior Court of New Jersey, Law Division Somerset County.

Decided July 1, 1980.


Attorney(s) appearing for the Case

Victor W. Stein, for plaintiffs.

Morris A. Halpern, for defendant (Cohen and Halpern, attorneys).


GAYNOR, J.S.C.

This matter is before the court on defendant's motion for summary dismissal of the complaint and plaintiff's cross-motion for summary judgment dismissing defendant's affirmative defenses. The issue presented by both motions is the effect of an exculpatory provision, in an agreement for a pre-purchase home inspection, as to negligent conduct in the performance of such inspection. It is our conclusion that the clause as contained in the agreement does...

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