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HOROSZ v. ALPS ESTATES, INC.

136 N.J. 124 (1994)

642 A.2d 384

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

The Supreme Court of New Jersey.

Decided June 13, 1994.

Attorney(s) appearing for the Case

Thomas R. Raimondi argued the cause for appellants (Diamond, Afflitto and Raimondi, attorneys).

Edward J. Bowen argued the cause for respondents.

Dennis A. Estis argued the cause for amicus curiae, New Jersey Builders Association (Greenbaum, Rowe, Smith, Ravin & Davis, attorneys; Mr. Estis and Ellen A. Silver, on the brief).

The opinion of the Court was delivered by GARIBALDI, J.

This appeal concerns the narrow question whether N.J.S.A. 2A:14-1.1 prohibits a homeowner from recovering against a builder-developer for that builder's subsequent repair work. Specifically, we address whether the ten-year statute of repose bars a lawsuit brought ten years after the initial construction of the house, but within ten years of the builder-developer's substantial repairs to the house.

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