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BRUNO v. MARK MaGRANN ASSOCIATES, INC.

909 A.2d 768 (2006)

388 N.J. Super. 539

Ronald J. BRUNO and Filomena Bruno; Nicholas Bonamassa and Barbara Bonamassa, On Behalf of Themselves and all others Similarly Situated, Plaintiffs-Appellants, v. MARK MaGRANN ASSOCIATES, INC. d/b/a MaGrann Associates; Thermal Design, Inc., Defendants-Respondents, Thermal Design, Inc., Third-Party Plaintiff-Respondent, v. U.S. Home Corporation, Third Party Defendant-Intervenor.

Superior Court of New Jersey, Appellate Division.

Decided November 9, 2006.

Attorney(s) appearing for the Case

Joseph A. Osefchen, argued the cause for appellants (Philip Stephen Fuoco, Haddonfield and Shabell & DeNittis, attorneys, Marlton; Mr. Fuoco, Mr. Osefchen, and Stephen P. DeNittis, Marlton, on the brief).

Louis R. Moffa, Jr., Voorhees, argued the cause for respondent, Mark MaGrann Associates, Inc. (Ballard Spahr Andrews & Ingersoll, attorneys; Mr. Moffa, of counsel; Amy M. Trojecki, on the brief).

Michael R. McDonald, Newark, argued the cause for respondent, Thermal Design, Inc. (Gibbons, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Peter J. Torcicollo, of counsel; Mr. McDonald and Lisa Lombardo, on the brief).

Jeanne Schubert Barnum, Cherry Hill, argued the cause for intervenor (Schnader, Harrison, Segal & Lewis, attorneys; Ms. Barnum, Michael J. Weitrzychowski and James R. Costello, II, on the brief).

Before Judges CUFF, WINKELSTEIN and FUENTES.

The opinion of the court was delivered by

WINKELSTEIN, J.A.D.

Plaintiffs purchased single family homes in an adult community in Waretown from U.S. Home Corporation (U.S. Home), the general contractor and developer. Claiming the heating units in their homes did not work properly, plaintiffs filed a class action lawsuit against U.S. Home. The trial court dismissed plaintiffs' complaint and ordered the parties to arbitration based on an arbitration clause in...

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