REYES v. EGNER

No. A-90 September Term 2008

991 A.2d 216 (2010)

201 N.J. 417

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.

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).


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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