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GENNARI v. WEICHERT CO. REALTORS

288 N.J. Super. 504 (1996)

672 A.2d 1190

ROXANNE GENNARI, PLAINTIFF-RESPONDENT-CROSS APPELLANT, v. WEICHERT CO. REALTORS, INDIVIDUALLY AND AS AGENT OF TIMBERLINE PROPERTY DEVELOPMENT, INC., DEFENDANT-APPELLANT-CROSS RESPONDENT, AND TIMBERLINE PROPERTY DEVELOPMENT, INC., A CORPORATION OF THE STATE OF NEW JERSEY AND ALLEN RUMBERG AND ELLEN RUMBERG, INDIVIDUALLY AND AS PRINCIPALS, AGENTS OR EMPLOYEES OF TIMBERLINE PROPERTY DEVELOPMENT, INC., AND WEICHERT REALTORS, AND VAN NOTE-HARVEY ASSOCIATES AND J.E.M. HEATING AND COOLING, DEFENDANTS, AND WEICHERT CO. REALTORS, DEFENDANT-THIRD PARTY-PLAINTIFF, v. J.E.M. HEATING AND COOLING, INC. AND RICK INGS, THIRD PARTY-DEFENDANTS. JAMES NESTOR AND JOAN NESTOR, PLAINTIFFS-RESPONDENTS-CROSS APPELLANTS, v. WEICHERT CO. REALTORS, INDIVIDUALLY AND AS AGENT OF TIMBERLINE PROPERTY DEVELOPMENT, INC., DEFENDANT-APPELLANT-CROSS RESPONDENT, AND TIMBERLINE PROPERTY DEVELOPMENT, INC., A CORPORATION OF THE STATE OF NEW JERSEY AND ALLEN RUMBERG AND ELLEN RUMBERG, INDIVIDUALLY AND AS PRINCIPALS, AGENTS OR EMPLOYEES OF TIMBERLINE PROPERTY DEVELOPMENT, INC., AND WEICHERT REALTORS, AND VAN NOTE-HARVEY ASSOCIATES AND J.E.M. HEATING AND COOLING, DEFENDANTS, AND WEICHERT CO. REALTORS, DEFENDANT-THIRD PARTY-PLAINTIFF, v. J.E.M. HEATING AND COOLING, INC., AND RICK INGS, THIRD PARTY-DEFENDANTS. RAJAN S. MATHEWS AND GRACE MATHEWS, PLAINTIFFS-RESPONDENTS-CROSS APPELLANTS, v. WEICHERT CO. REALTORS, INDIVIDUALLY AND AS AGENT OF TIMBERLINE PROPERTY DEVELOPMENT, INC., DEFENDANT-APPELLANT-CROSS RESPONDENT, AND TIMBERLINE PROPERTY DEVELOPMENT, INC., A CORPORATION OF THE STATE OF NEW JERSEY AND ALLEN RUMBERG AND ELLEN RUMBERG, INDIVIDUALLY AND AS PRINCIPALS, AGENTS OR EMPLOYEES OF TIMBERLINE PROPERTY DEVELOPMENT, INC., AND WEICHERT REALTORS, AND VAN NOTE-HARVEY ASSOCIATES AND J.E.M. HEATING AND COOLING, DEFENDANTS, AND WEICHERT CO. REALTORS, DEFENDANT-THIRD PARTY-PLAINTIFF, v. J.E.M. HEATING AND COOLING, INC., AND RICK INGS, THIRD PARTY-DEFENDANTS. RAYMOND LACHAPELLE AND JANET LACHAPELLE, PLAINTIFFS-RESPONDENTS-CROSS APPELLANTS, v. WEICHERT CO. REALTORS, INDIVIDUALLY AND AS AGENT OF TIMBERLINE PROPERTY DEVELOPMENT, INC., DEFENDANT-APPELLANT-CROSS RESPONDENT, AND TIMBERLINE PROPERTY DEVELOPMENT, INC., A CORPORATION OF THE STATE OF NEW JERSEY AND ALLEN RUMBERG AND ELLEN RUMBERG, INDIVIDUALLY AND AS PRINCIPALS, AGENTS OR EMPLOYEES OF TIMBERLINE PROPERTY DEVELOPMENT, INC., AND WEICHERT REALTORS, DEFENDANTS, AND WEICHERT CO. REALTORS, DEFENDANT-THIRD PARTY-PLAINTIFF, v. J.E.M. HEATING AND COOLING, INC., AND RICK INGS, THIRD PARTY-DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 15, 1996.

Attorney(s) appearing for the Case

Martin Newmark argued the cause for appellant (Broderick, Newmark & Grather, attorneys; Alan J. Baldwin and Mr. Newmark, on the brief).

George T. Dougherty argued the cause for respondents (Katz & Dougherty, attorneys; Mr. Dougherty, on the brief).

Leon B. Piechta argued the cause for defendant, Ellen Rumberg (O'Donnell, Kennedy, Vespole, Piechta & Trifiolis, attorneys; (Mr. Piechta, of counsel; Francis J. Panzini-Tomeo, on the brief).

Greenbaum, Rowe, Smith, Raven & Davis, attorneys for amicus curiae, New Jersey Association of Realtors (Arthur M. Greenbaum, of counsel; Bruce Greenberg on the brief).

Before Judges SHEBELL, STERN and NEWMAN.

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

Defendant, Weichert Company Realtors (Weichert), appeals, on leave granted by this court, from an interlocutory order, entered after a bench trial on liability only, finding Weichert liable under the Consumer Fraud Act, N.J.S.A. 56:8-2, as the sole proximate cause of plaintiffs' damages resulting from defective construction of homes purchased by the plaintiffs at a development in Lawrence Township...

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