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D'ERCOLE SALES, INC. v. FRUEHAUF CORP.

206 N.J. Super. 11 (1985)

501 A.2d 990

D'ERCOLE SALES, INCORPORATED, PLAINTIFF-RESPONDENT, CROSS-APPELLANT, v. FRUEHAUF CORPORATION, ALSO KNOWN AS FRUEHAUF DISTRIBUTING COMPANY AND FRUEHAUF TRAILER COMPANY, DEFENDANT-APPELLANT, AND GENERAL MOTORS CORPORATION, BEYER BROTHERS GMC CORPORATION, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 21, 1985.

Attorney(s) appearing for the Case

Charles E. Reuther argued the cause for appellant (Riker, Danzig, Scherer & Hyland, attorneys; Gerald A. Liloia, of counsel; Charles E. Reuther, on the brief and reply brief).

Donald L. Garber argued the cause for respondent-cross-appellant D'Ercole Sales Incorporated (Michael I. Lubin, on the brief).

Elmer K. Skiba argued the cause for respondent Beyer Brothers GMC Corporation.

Carroll A. Morley argued the cause for respondent General Motors Corporation (Morley, Cramer, Tansey, Haggerty & Fanning, attorneys; Carroll A. Morley, of counsel and on the brief).

Before Judges KING, DEIGHAN and BILDER.

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

Under the facts and circumstances of this appeal we are required to determine, among other things, whether in a commercial transaction a purchaser of a product is restricted to a claim for damages for breach of warranty under the Uniform Commercial Code — Sales, N.J.S.A. 12A:2-101 et seq., for a defective product or whether the Consumer Fraud Act, N.J.S.A. 56:8-2, may apply, as an...

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