CONFORTI & EISELE, INC. v. JOHN C. MORRIS ASSOCS.


175 N.J. Super. 341 (1980)

418 A.2d 1290

CONFORTI & EISELE, INC., PLAINTIFF, v. JOHN C. MORRIS ASSOCIATES, DEFENDANT.

Superior Court of New Jersey, Law Division Essex County.

Decided June 17, 1980.


Attorney(s) appearing for the Case

Robert S. Peckar for plaintiff (Peckar & Abramson, attorneys; Kenneth L. Estabrook, of counsel; Edward J. Frisch on the brief).

Theodore W. Geiser for defendant (Connell, Foley & Geiser, attorneys; Mark L. Fleder, of counsel; Thomas S. Cosma on the brief).


MARZULLI, J.S.C.

Defendant moves to dismiss plaintiff's complaint for failure to state a cause of action.

For purposes of the motion, the court is asked to assume the following as facts:

1. Defendant was the design professional who prepared the mechanical plans. 2. Defendant knew the plans he prepared were to be submitted to contractors, such as plaintiff, for the purpose of bidding the job. 3. Defendant owed a duty to bidders...

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