Hermes REYES and Leonor Reyes, Plaintiffs-Appellants,
v.
Harry C. EGNER, Holly Egner, and Prudential Fox & Roach Realtors, Defendants-Respondents, and
Harry C. Egner and Holly Egner, Defendants/Third-Party Plaintiffs, and
Columbia Reyes, Third-Party Defendant/Fourth-Party Plaintiff,
v.
Prudential Fox & Roach Realtors, Fourth-Party Defendant.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued October 27, 2009.
Decided April 8, 2010.
Attorney(s) appearing for the Case
John J. Novak, Toms River, argued the cause for appellants (Mr. Novak, attorney; Deborah A. Plaia, on the briefs).
Michael T. Kearns, New Brunswick, argued the cause for respondent Prudential Fox & Roach Realtors (Hoagland, Longo, Moran, Dunst & Doukas, attorneys; Mr. Kearns and Dawn P. Marino, on the briefs).
Barry S. Goodman, Woodbridge, argued the cause for amicus curiae New Jersey Association of Realtors (Greenbaum, Rowe, Smith & Davis, attorneys; Mr. Goodman, Jamie A. Yonks, and Steven B. Gladis, on the brief).
William S. Bloom, Edison, submitted a letter in lieu of brief on behalf of respondents Harry C. Egner and Holly Egner (Methfessel & Werbel, attorneys).
Supreme Court of New Jersey.
PER CURIAM.
The members of the Supreme Court being equally divided, the judgment of the Appellate Division is affirmed.
JUSTICE LaVECCHIA, concurring.
In Hopkins v. Fox & Lazo Realtors,132 N.J. 426, 448, 625 A.2d 1110 (1993), we recognized the existence of a duty of care between a real estate agent conducting an open house to attract potential homebuyers and a member of the...
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