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CYKTOR v. ASPEN MANOR CONDOMINIUM ASS'N

820 A.2d 129 (2003)

359 N.J. Super. 459

Louis CYKTOR, Jr., Louis Cyktor III, Irving Sorrentini, Robert G. Paulus, Wick Builders, Inc., and Canaco, Inc., Petitioners-Appellants, and Anne Cyktor, Kathleen Paulus, and Daryl Sorrentini, Petitioners, v. ASPEN MANOR CONDOMINIUM ASSOCIATION and Bureau of Regulatory Affairs, Respondents-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 17, 2003.

Attorney(s) appearing for the Case

Cole, Schotz, Meisel, Forman & Leonard, attorneys for appellants (Thomas J. LaConte, Hackensack, of counsel and on the brief).

Peter C. Harvey, Acting Attorney General, attorney for respondents (Patrick DeAlmeida, Deputy Attorney General, of counsel; Patricia E. Stern, Deputy Attorney General, on the brief).

Before Judges BRAITHWAITE, LINTNER and PARKER.

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

The central issue on appeal is whether the ten-year statute of repose, N.J.S.A. 2A:14-1.1, protecting "any person performing or furnishing the design, planning, supervision of construction or construction of [an] improvement to real property," bars respondent Bureau of Regulatory Affairs, Department of Community Affairs ("DCA"), from commencing an enforcement...

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