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YAROSHEFSKY v. ADM BUILDERS, INC.

793 A.2d 25 (2002)

349 N.J. Super. 40

Arthur YAROSHEFSKY and Cheryl Yaroshefsky, Plaintiffs-Appellants, v. ADM BUILDERS, INC., Defendant/Third Party Plaintiff-Respondent, v. Chester Lakony, Jose Bonzinho, Bonzinho Construction Corp., Inc. and Kablan Plumbing & Heating, Inc., Third Party Defendants, and Blackstone Company, Inc., Third Party Defendant/ Fourth Party Plaintiff-Respondent, v. MI Home Products, Inc. and Walter Stopka, Fourth Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided March 5, 2002.

Attorney(s) appearing for the Case

Philip Elberg, Newark, argued the cause for appellants (Medvin & Elberg, attorneys; Mr. Elberg and Jeffrey M. Wactlar, on the brief).

Owen T. Hughes, West Orange, argued the cause for third party plaintiff-respondent ADM Builders, Inc. (Mandelbaum, Salsburg, Gold, Lazris, Discenza & Steinberg, attorneys; Lawrence C. Weiner, on the brief).

William F. Mueller, Morristown, argued the cause for fourth party plaintiff-respondent Firstsource Northeast Group, Inc., formerly known as Blackstone Company, Inc. (Clemente, Mueller and Tobia, attorneys; Mr. Mueller, of counsel; Lori Anne Fee and Matthew A. Schiappa, on the brief).

Before Judges STERN, EICHEN and PARKER.

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

Plaintiffs purchased a new home in Wayne from defendant ADM Builders ("defendant" or "ADM"). Plaintiffs thereafter filed a complaint for breach of warranty and consumer fraud against defendant alleging that the house contained major defects including improperly installed windows, faucets that emitted brown water, depressions in the floor and cracks in the foundation. Plaintiffs appeal the judgment of July 17...

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