HOROSZ v. ALPS ESTATES, INC.


266 N.J. Super. 382 (1993)

629 A.2d 1350

CARL HOROSZ AND MARY HOROSZ, HIS WIFE, PLAINTIFFS-APPELLANTS, v. ALPS ESTATES, INC., A NEW JERSEY CORPORATION, JACOB KURZER AND DAVID ROSEN, JOINTLY, SEVERALLY OR, IN THE ALTERNATIVE, INDIVIDUALLY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 28, 1993.


Attorney(s) appearing for the Case

Edward J. Bowen argued the cause for appellants.

Thomas R. Raimondi argued the cause for respondents (Diamond, Afflitto & Raimondi, attorneys; Mr. Raimondi, on the brief).

Before Judges PRESSLER and PETRELLA.


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

On the date fixed for trial the Law Division judge determined as a preliminary matter that the complaint by Carl and Mary Horosz against Alps Estates, Inc. and Jacob Kurzer and David Rosen, builders and developers, was barred by the ten-year period of limitations in N.J.S.A. 2A:14-1.1.1 The judge dismissed the complaint.

Plaintiffs argue on appeal that the judge...

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