HERNER v. HOUSEMASTER OF AMERICA, INC.


793 A.2d 55 (2002)

349 N.J. Super. 89

Stephen and Gina HERNER, Plaintiffs-Appellants, v. HOUSEMASTER OF AMERICA, INC., and HouseMaster of South Jersey, Defendants-Respondents, and Yolanda A. Borgesi, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided March 11, 2002.


Attorney(s) appearing for the Case

Tomar, O'Brien, Kaplan, Jacoby & Graziano, Cherry Hill, for appellants (Ronald A. Graziano, of counsel; Kristine A. Phillips, on the brief).

Daniel McCormack, Audubon, for respondent HouseMaster of America, Inc.

Daniel Posternock, Delran, for respondent HouseMaster of South Jersey, joins in the brief of respondent HouseMaster of America, Inc.

Before Judges SKILLMAN, WALLACE, and WELLS.


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

The issue raised on this appeal is whether the plaintiffs, Stephen and Gina Herner, proved sufficient facts to conclude that defendants HouseMaster of America, Inc. and HouseMaster of South Jersey (together known as HouseMaster) committed consumer fraud, thus justifying an award of counsel fees and costs.1 The Herners settled their claims for compensatory damages against HouseMaster...

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