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MARRONE v. G & P CONSTRUCTION, INC.

No. A-3651-07T2.

964 A.2d 330 (2009)

405 N.J. Super. 288

Joseph MARRONE and Jannine Marrone, Plaintiffs-Appellants, v. GREER & POLMAN CONSTRUCTION, INC., t/a G.P. Construction, Inc., Garret N. Greer, Jan Polman, Lester Stucco, Defendants, and Sto Corporation, Sto of New Jersey, Inc., Defendants-Respondents. Greer & Polman Construction, Inc., Defendant/Third-Party Plaintiff, v. Selective Insurance Group, Inc., Assurance Company of America and ITT Hartford Insurance Company, Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided February 4, 2009.

Attorney(s) appearing for the Case

John R. Sawyer, Lawrenceville, argued the cause for appellants (Stark & Stark, attorneys; Mr. Sawyer and Mark M. Wiechnik, of counsel and on the brief).

David N. Cohen, Madison, argued the cause for respondent STO Corp. (Edwards, Angell, Palmer & Dodge, LLP, attorneys; Mr. Cohen, Andrew P. Fishkin and Charles W. Stotter, on the brief).

Jonathan P. Zayle, Basking Ridge, argued the cause for respondent STO of New Jersey (Carroll, McNulty & Kull, L.L.C., attorneys; Guy T. Lytle, of counsel and on the brief).

Before Judges LISA, REISNER and ALVAREZ.

The opinion of the court was delivered by

REISNER, J.A.D.

Plaintiffs Joseph and Jannine Marrone appeal from two orders dated July 30, 2007, granting summary judgment dismissing their second amended complaint against Sto Corporation, and Sto of New Jersey, Inc. We affirm. Plaintiffs' claims under the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -184, were properly dismissed for lack of proof that any losses...

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