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PEREZ v. PROFESSIONALLY GREEN, LLC

A-66 September Term 2011, 069482

73 A.3d 452 (2013)

215 N.J. 388

Alex PEREZ and Cathy Perez, Plaintiffs-Respondents, v. PROFESSIONALLY GREEN, LLC, Brian Here, individually, Norman Taranto, individually, Weissman Engineering Co., P.C., Robert J. Weissman, individually, VCA Sons, Inc., t/a Freedom Fence, Inc., and Vincenzo Anello, individually, Defendants, and Swim-Well Pools, Inc., Defendant-Appellant.

Supreme Court of New Jersey.

Decided September 12, 2013.

Attorney(s) appearing for the Case

Jerald J. Howarth argued the cause for appellant (Howarth & Associates, attorneys; Mr. Howarth, Parsippany, and Purnima D. Ramlakhan, on the briefs).

Edward R. Grossi argued the cause for respondent (Mr. Grossi, Lyndhurst, and Anthony P. Ambrosio, Bloomfield, attorneys; Mr. Ambrosio, on letter in lieu of brief).

Justice PATTERSON delivered the opinion of the Court.

The New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 to -20 (CFA or Act), authorizes an award of attorneys' fees to a plaintiff who "suffers any ascertainable loss of moneys or property, real or personal," as a result of a "method, act, or practice" prohibited by the Act. N.J.S.A. 56:8-19. This Court has held that "a plaintiff, who pleads but cannot survive a motion for summary judgment in respect of...

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