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ALLEN v. V AND A BROS., INC.

DOCKET NO. A-6218-07T4.

997 A.2d 1067 (2010)

414 N.J. Super. 152

William W. ALLEN and Vivian Allen, Plaintiffs-Appellants, v. V AND A BROTHERS, INC., d/b/a Caliper Farms Nursery and Landscaping Services, Defendants, and Angelo DiMeglio, The Estate of Vincent DiMeglio, deceased; and Thomas Taylor, Individually, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 23, 2010.

Attorney(s) appearing for the Case

Katz & Dougherty, LLC, Mercerville, for appellants (George T. Dougherty, on the brief).

Maselli Warren, P.C., Princeton, for respondents (Paul J. Maselli and Peter B. Paris, on the brief).

Before Judges CUFF, PAYNE and WAUGH.

The opinion of the court was delivered by

PAYNE, J.A.D.

Suit was instituted by plaintiffs William W. Allen and Vivian Allen alleging, in the first count, breach of contract by defendant V and A Brothers, Inc., d/b/a/ Caliper Farms Nursery and Landscaping Services, as the result of its improper construction of a retaining wall and substitution of inferior backfill for that specified in the plans, resulting in the...

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