Richard MATERA and Georgeanne Matera, his wife, Robert Perry and Cheryl Perry, his wife, Cynthia Joy, Susan McClure, Richard J. Adomis and Cheryl Adomis, his wife, and Christopher Ferragamo and Theresa Ferragamo, his wife,
v.
M.G.C.C. GROUP, INC., Abbington Associates, Inc., Charles E. Lindstrom, individually, Anderson, Ballis & Lindstrom, Inc. Lindstrom & Diessner Associates, P.C., Township of Howell, a Municipal Corporation of the State of New Jersey, Irwin Nudelman and William Greenberg, individually and as Officers, Directors, or Principals of M.G.C.C. Group, Inc., Gregory R. Valesi and CME Associates, Consulting and Municipal Engineers; the Howell Township Engineering Department; Arthur Galley, individually and as president of M.G.C.C. Group, Inc., George Veghte, Greg Savino, Bank of America, and James R. Ientile, Inc.
Superior Court of New Jersey, Law Division, Monmouth County.https://leagle.com/images/logo.png
Decided December 13, 2007.
Decided December 13, 2007.
Attorney(s) appearing for the Case
Richard J. Shackleton and Brian J. Coyle, for plaintiffs (Shackleton and Hazeltine, attorneys, Ship Bottom).
Scott McCleary, for defendant Bank of America, successor to Fleet National Bank, successor to National West Bank, N.A., successor to National Westminster Bank (Meyner & Landis, LLP, attorneys, Newark).
Dominic J. Aprile, Lakewood, for defendants M.G.C.C. Group, Inc., Irwin Nudelman, Arthur J. Galley and William Greenberg (Bathgate, Wegener & Wolf, attorneys).
Walter E. Monaghan, Summit, for defendants M.G.C.C. Group, Inc., Irwin Nudelman, Arthur J. Galley and William Greenberg (Leary, Bride, Tinker, & Moran, attorneys, Cedar Knolls).
Danielle M. DeGeorgio, New York City, for James R. Ientile Inc. and James R. Ientile, individually (Faust, Goetz, Schenker, & Blee, LLP, attorneys).
Linda Grasso Jones, Matawan, for defendant James. R. Ientile, Inc. (Geary, Alfieri, Jones, & Hoyle, attorneys).
Linda Olshen Adelsohn and John Suarez, Trenton, for defendants Abbington Associates, Inc., CME Associates, and Gregory Valesi (Suarez & Suarez, attorneys).
Michael J. McKenna, Cherry Hill, for George Veghte, Tom Savino, Howell Township Engineering Department and the Township of Howell (Hiering, Gannon, & McKenna, attorneys, Toms River).
Parthenopy Bardis, Lyndhurst, for defendant Township of Howell (Scarinci & Hollenback, LLC, attorneys).
Nancy Giacumbo, for defendant Township of Howell (McGivney & Kluger, P.C., attorneys, Florham Park).
Ernest Bongiovanni, Howell, for defendant Township of Howell (Bongiovanni & Pavliv, attorneys).
Lawrence Powers, New Brunswick, for defendants Lindstrom, Inc. and Lindstrom & Diessner Associates, P.C. (Hoagland, Longo, Moran, Dunst & Doukas, LLP, attorneys).
Joseph C. Glavin, Parsippany, for defendant First Indemnity of America.
James P. Lisovicz, Morristown, for defendant Selective Insurance Company of America (Coughlin, Duffy, Kelly, Lisovicz, Midlige, & Wolff, attorneys).
Superior Court of New Jersey, Law Division, Monmouth County.
LOCASCIO, J.S.C.
The within opinion supersedes this court's November 9, 2007, oral decision in the instant matter.
The issue, of first impression, arising from plaintiffs' within motion, is whether a viable consumer fraud cause of action lies where there is no contact between the parties but only between defendant Bank of America's alleged violation of the Consumer Fraud Act and plaintiffs' alleged ascertainable loss. For the following reasons, this court...
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