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IVASHENKO v. KATELYN COURT CO., INC.

No. A-6532-06T3

949 A.2d 279 (2008)

401 N.J. Super. 99

Alexander IVASHENKO and Caroline Ivashenko, Plaintiffs-Appellants, v. KATELYN COURT COMPANY, INC., a New Jersey Corporation; Russell Weber, Jr.; Russell Weber, Sr.; Thomas J. Fitzpatrick; AED Associates, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided May 30, 2008.

Attorney(s) appearing for the Case

Sam Maybruch, Hazlet, argued the cause for appellants (Maybruch & Zapcic, attorneys; Mr. Maybruch and Matthew R. Goode, on the brief).

Chris W. Kemprowski, Somerset, argued the cause for respondents, Katelyn Court Company, Inc., Russell Weber, Jr. and Russell Weber, Sr. (Law Offices of Michael C. Urciuoli, attorneys; Mr. Kemprowski, on the brief).

Richard W. Gaeckle, New Brunswick, argued the cause for respondents, Thomas J. Fitzpatrick and AED Associates (Hoagland, Longo, Moran, Dunst & Doukas, attorneys; Andrew J. Carlowicz, Jr., of counsel; Mr. Gaeckle, on the brief).

Before Judges SKILLMAN, WINKELSTEIN and LeWINN.

The opinion of the court was delivered by

WINKELSTEIN, J.A.D.

In this appeal, we are asked to decide if the election of remedies provision of the New Home Warranty and Builders' Registration Act, N.J.S.A. 46:3B-1 to -20 (the Act), and its concomitant regulations, N.J.A.C. 5:25-1.1 to -5.5 (the regulations), bar plaintiffs' lawsuit against the builder and architects of their home. The trial court dismissed...

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