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SIMMERMON v. DRYVIT SYSTEMS, INC.

923 A.2d 311 (2007)

393 N.J. Super. 333

Dolores SIMMERMON, Administratrix Ad Prosequendum for the Estate of James Simmermon, Plaintiff-Appellant, v. DRYVIT SYSTEMS, INC., Dryvit, New Wave Plastering Inc., The Manning Company, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 4, 2007.

Attorney(s) appearing for the Case

Ronald P. Sierzega, Woodbury, argued the cause for appellant (Hoffman DiMuzio, attorneys; Mr. Sierzega, of counsel and on the brief).

David N. Cohen, Short Hills, argued the cause for respondents (Edwards Angell Palmer & Dodge, attorneys; Andrew P. Fishkin, of counsel; Mr. Fishkin, Mr. Cohen and Danielle Brucchieri, on the brief).

Before Judges WINKELSTEIN, FUENTES and BAXTER.

The opinion of the court was delivered by

FUENTES, J.A.D.

Plaintiff, the estate of James Simmermon, appeals from the order of the Law Division granting defendant Dryvit Systems, Inc.'s (Dryvit) motion for summary judgment. Defendant is the manufacturer of a synthetic stucco used to cover plaintiff's home. Plaintiff filed this consumer fraud action in this State, alleging that the material flaked and cracked, and as a result he suffered ascertainable damages...

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