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NEVEROSKI v. BLAIR

141 N.J. Super. 365 (1976)

358 A.2d 473

VINCENT NEVEROSKI AND JOANNE NEVEROSKI, HIS WIFE, PLAINTIFFS-RESPONDENTS AND CROSS-APPELLANTS, v. ALFRED BLAIR AND MARION BLAIR, HIS WIFE, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS, AND W.T. GRANT CO., A CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW JERSEY, AND BLUE RIBBON REALTY, A CORPORATION AUTHORIZED TO DO BUSINESS AS A LICENSED REAL ESTATE BROKER IN THE STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS, AND LARSON MORTGAGE COMPANY, DEFENDANT AND THIRD-PARTY PLAINTIFF, v. THE PORTER COMPANY, LTD., A CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW JERSEY, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Resubmitted January 27, 1976.

Decided March 3, 1976.

Attorney(s) appearing for the Case

Mr. Thomas L. Bace argued the cause for plaintiffs-respondents (Messrs. Hiering, Grasso, Gelzer & Kelaher, attorneys).

Mr. David P. Loughran argued the cause for defendant-appellant W.T. Grant Co. (Messrs. Sutton, Ward, Sutton, Heim & O'Malley, attorneys).

Mr. Donald T. Joworisak argued the cause for defendant-appellant Blue Ribbon Realty (Mr. Thomas W. Sharlow, attorney).

Mr. Steven P. Russo argued the cause for defendants-respondents.

Before Judges LYNCH, LARNER and HORN.

PER CURIAM:

On December 1, 1972 plaintiffs Vincent and Joanne Neveroski purchased a home in Bayville, New Jersey, from Alfred and Marion Blair. Some four months after they took possession the Neveroskis found that the house was so infested with termites that they were compelled to vacate the premises. Therein lies the genesis of this litigation.

The Neveroskis alleged in their complaint that although it was represented to them that the premises were free of...

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