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KERR v. ABLE SANITARY AND ENVIRONMENTAL SERVICES, INC.

295 N.J. Super. 147 (1996)

684 A.2d 961

DAVID L. KERR AND GAIL L. KERR, PLAINTIFFS, AND TIMOTHY S. HALEY, ESQ., APPELLANT, v. ABLE SANITARY AND ENVIRONMENTAL SERVICES, INC., MICHAEL FAUL, ANDOVER ENVIRONMENTAL ENGINEERING, INC. AND BRUCE GALLO, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 15, 1996.

Attorney(s) appearing for the Case

Wayne D. Greenstone argued the cause for appellant (Greenstone & Greenstone, attorneys; Patrick D. Tobia of Clemente, Dickson & Mueller, P.A., on the brief).

Thomas J. Spies argued the cause for respondents Able Sanitary and Environmental Services, Inc. and Michael Faul (Walder, Sondak & Brogan, P.A., attorneys; Michael J. Faul on the brief).

Thomas P. Scrivo argued the cause for respondents Andover Environmental Engineering, Inc. and Bruce Gallo (McElroy, Deutsch & Mulvaney, attorneys; relying on brief filed on behalf of respondents Able Sanitary and Environmental Services, Inc. and Michael Faul).

No other parties participated in this appeal.

Before Judges BROCHIN, KESTIN and EICHEN.

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

In this consumer fraud/professional negligence action, plaintiffs David L. Kerr and Gail L. Kerr sued defendant Able Sanitary and Environmental Services, Inc. (Able), a remediation excavation contractor, and Andover Environmental Engineering, Inc. (Andover), an environmental engineering company, and two of their principals, alleging that defendants misrepresented the extent of work necessary to clean up and...

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