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ST. LOUIS, L.L.C. v. FINAL TOUCH

899 A.2d 1018 (2006)

386 N.J. Super. 177

ST. LOUIS, L.L.C., Plaintiff-Respondent, v. FINAL TOUCH GLASS & MIRROR, INC., Defendant-Appellant, and Final Touch Glass & Mirror, Inc., Third-Party Plaintiff, v. James Kissane, Registered Architect, Doug Wolf t/a Aurora Constructors, and John Boulton, Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided June 12, 2006.

Attorney(s) appearing for the Case

Peter A. Gaudioso, Morristown, argued the cause for appellant (McElroy, Deutsch, Mulvaney & Carpenter, attorneys; Mr. Gaudioso, of counsel and on the brief).

James E. Mackevich, Clark, argued the cause for respondent (Mackevich Burke & Stanicki, attorneys; Mr. Mackevich, on the brief).

Before Judges CONLEY, WEISSBARD and WINKELSTEIN.

The opinion of the court was delivered by

WINKELSTEIN, J.A.D.

In this opinion, we examine the appropriate measure of damages for defective construction. Plaintiff St. Louis, L.L.C., which was formed by John Boulton and his wife Prudence Boulton, purchased a forty-eight-acre tract of land located in a canal preservation district in Franklin Township in 1993. The Boultons worked with an architect, James Kissane, to develop plans to construct a two-story, 36...

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