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BRANIGAN v. LEVEL ON THE LEVEL

740 A.2d 643 (1999)

326 N.J. Super. 24

John D. BRANIGAN and Beth Randall Branigan, his wife, Plaintiffs-Appellants, v. LEVEL ON THE LEVEL, INC. and David Marlinski, individually, Defendants/Third-Party Plaintiffs/Respondents, v. Kerr Plumbing and Michael Vricella, Third-Party Defendants, and Michael Kerr, Plaintiff, v. John Branigan, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided October 6, 1999.

Attorney(s) appearing for the Case

Ephraim T. Jerchower, East Hanover, for plaintiffs-appellants (Mr. Jerchower, on the brief).

Harris Dickson, for defendants/third-party plaintiffs/respondents (Kathleen McCormick Campi, Montclair, on the brief).

Before Judges KIMMELMAN and CIANCIA.

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

Plaintiffs appeal the involuntary dismissal of their suit pursuant to defendants' motion under R. 4:37-2(b), made at the close of plaintiffs' proofs.

Plaintiffs had contracted with defendant Level on the Level, Inc., through its president, David Marlinski, for an extensive home improvement project designed to renovate portions of plaintiffs' existing...

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