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SCHMOLL v. J.S. HOVNANIAN & SONS

927 A.2d 146 (2007)

394 N.J. Super. 415

Harry and Rita SCHMOLL, husband and wife, Leonard and Eleanor Egnack, husband and wife, on behalf of themselves and all others similarly situated, Plaintiffs-Respondents, and Mount Laurel Township, Plaintiff-Intervenor, v. J.S. HOVNANIAN & SONS, LLC, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 6, 2007.

Attorney(s) appearing for the Case

Richard W. Hunt, Marlton, argued the cause for appellant (Parker McCay, attorneys; Mr. Hunt and Bradley K. Sclar, of counsel; Dana B. Ostrovsky, on the brief).

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

Before Judges SKILLMAN, LISA and GRALL.

The opinion of the court was delivered by

LISA, J.A.D.

This class action by homeowners against J.S. Hovnanian & Sons, LLC (Hovnanian), the mass builder of their homes, alleged an unsafe and unhealthy condition resulting from inadequate ventilation in their utility rooms, which contained a gas fired furnace, hot water heater and dryer. The complaint sought injunctive relief in the form of a court-administered program, at Hovnanian's expense, for inspection...

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