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TUNG v. BRIANT PARK HOMES, INC.

287 N.J. Super. 232 (1996)

670 A.2d 1092

DA-LU TUNG, PLAINTIFF-APPELLANT, v. BRIANT PARK HOMES, INC., DEFENDANT. RALPH J. POCARO, DEFENDANT-RESPONDENT/CROSS-APPELLANT/CROSS-RESPONDENT, v. HUGO M. PFALTZ AND PFALTZ & WOLLER, P.A., THIRD PARTY DEFENDANTS/CROSS-RESPONDENTS/CROSS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 6, 1996.

Attorney(s) appearing for the Case

Raymond K. Hsu, attorney for appellant.

Greenbaum, Rowe, Smith, Ravin & Davis, attorneys for respondent/cross-appellant Pocaro (Dennis A. Estis, of counsel and on the brief; Stephanie Kay Austin, on the brief).

Tompkins, McGuire & Wachenfeld, attorneys for cross-respondents/cross-appellants Hugo M. Pfaltz & Woller, P.A. (Christopher J. Carey, of counsel and on the reply brief; Angelo R. Giacchi, on the brief).

Before Judges PRESSLER, WEFING and A.A. RODRIGUEZ.

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

In this case we consider whether a developer who fails to deliver a current public offering statement (POS) on the contract date, as required by the New Jersey Planned Real Estate Development Full Disclosure Act, N.J.S.A. 45:22A-21 to -56 (the Act), is liable to the purchaser for double damages and costs if there is no causal connection between such failure and the losses sustained by the purchaser...

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