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LICCIARDI v. PASCARELLA

194 N.J. Super. 381 (1983)

476 A.2d 1273

THOMAS A. LICCIARDI AND PAUL MANNERZ, PLAINTIFFS, v. PATRICK O. PASCARELLA AND JOANNE M. PASCARELLA, HIS WIFE, BELL EXTERMINATORS (DEFENDANTS ON COUNTERCLAIM), DEFENDANTS.

Superior Court of New Jersey, Law Division Morris County.

Decided October 20, 1983.

Attorney(s) appearing for the Case

Jeffrey R. Grow for plaintiffs.

Edward F. Seavers, Jr. for defendants.

MacKENZIE, J.S.C.

In McDonald v. Mianecki, 79 N.J. 275 (1979), the Supreme Court did not have to decide whether an implied warranty of workmanship and habitability should extend to the sale of a previously occupied residence.1 This court was required at trial to decide that issue. For reasons hereafter expressed, there is at least one factual setting when the warranty applies.

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