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HABERMAN v. WEST SADDLE DEV.

236 N.J. Super. 542 (1989)

566 A.2d 552

FREDRIC HABERMAN AND SHEILA HABERMAN, PLAINTIFFS-APPELLANTS, v. WEST SADDLE DEVELOPMENT CORP. A NEW JERSEY CORPORATION, GEORGE MCCARTHY, THORE CHRISTIANSEN, JOHN DOE AND RICHARD ROE, INC., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 28, 1989.

Attorney(s) appearing for the Case

Jaffe & Schlesinger, attorneys for appellants (Howard G. Schlesinger, of counsel; Robert K. Walsh, on the brief).

John V. McCambley, attorney for respondents, West Saddle Development Corp., George McCarthy and Thore Christiansen.

Before Judges KING, BAIME and KEEFE.

KEEFE, J.A.D.

Plaintiffs Fredric and Sheila Haberman appeal from an order for summary judgment in favor of defendants West Saddle Development Corp., George McCarthy, and Thore Christiansen (collectively referred to as West Saddle). The Law Division held that plaintiffs' civil action for damages was barred by the election of remedies provision of the New Home Warranty and Builders' Registration Act (Act), N.J.S.A. 46:3B-9. This statute has been the subject of...

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