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SKEER v. EMK MOTORS, INC.

187 N.J. Super. 465 (1982)

455 A.2d 508

MARTIN H. SKEER AND SUSAN SKEER, PLAINTIFFS-RESPONDENTS, JAMES R. ZAZZALI, ATTORNEY GENERAL OF NEW JERSEY, INTERVENOR-APPELLANT, v. EMK MOTORS, INC., A NEW JERSEY CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 8, 1982.

Attorney(s) appearing for the Case

Claude E. Salomon, Deputy Attorney General, argued the cause for intervenor-appellant (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Andrea Silkowitz, Deputy Attorney General, of counsel).

Burton Zitomer argued the cause for respondents (Sevack, Posnock & Zitomer, attorneys).

Harry Dreier argued the cause for respondent EMK Motors, Inc. (Dreier & Dreier, attorneys).

Before Judges ARD, KING and McELROY.

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

This case presents the question whether § 7 of the Consumer Fraud Act, N.J.S.A. 56:8-19 (L. 1971, c. 247, § 7) mandates imposition of treble damages, attorney's fees and costs.1

After a bench trial the Law Division Judge held that defendant, a garage owner, was liable under the Consumer Fraud Act...

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