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ZORBA CONT. v. HOUSING AUTH.

827 A.2d 313 (2003)

362 N.J. Super. 124

ZORBA CONTRACTORS, INC., Plaintiff, v. HOUSING AUTHORITY OF THE CITY OF NEWARK, Defendant/Third-Party Plaintiff-Respondent/Cross-Appellant, v. Osmose Wood Preserving, Inc., Third-Party Defendant-Appellant/Cross-Respondent, and Georgia-Pacific Corporation and Wood Treating Corp. of Philadelphia, Third-Party Defendants-Cross-Respondents, and Richard Becker, Becker/Wolczynski, Rames Patel, P.M.K. Engineering & Testing, Inc., James McCullar, James McCullar & Associates Architects, Richard Jordan d/b/a C.J. Contractors, Weyerhauser Corp., Hoover Treated Wood Products, and Circle 84 Lumber Co., Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided July 11, 2003.

Attorney(s) appearing for the Case

Richard J. Hull, Livingston, argued the cause for appellant/cross-respondent and cross-respondent Wood Treating Corp. of Philadelphia (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys; T. Gregory Slother, of the Florida Bar, of counsel; Mr. Hull and Martin P. Schrama, on the brief).

Richard P. Coe, Jr. argued the cause for respondent/cross-appellant (Frank Armour, Newark Housing Authority General Counsel and Weir & Partners, attorneys; Mr. Coe, on the brief).

David J. D'Aloia argued the cause for cross-respondent Georgia-Pacific Corporation (Saiber Schlesinger Satz & Goldstein, attorneys; Mr. D'Aloia, of counsel and on the brief; Lisa M. Papp, on the brief).

Before Judges SKILLMAN, CUFF and WINKELSTEIN.

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

The primary issue presented by this appeal is whether there is a right to a jury trial in a private action under the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -109. We conclude that the 1971 amendment to the CFA, which authorized damages actions by defrauded consumers, reflects an implied legislative intent to provide for jury trials.

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