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CHATTIN v. CAPE MAY GREENE, INC.

216 N.J. Super. 618 (1987)

524 A.2d 841

WAYNE E. CHATTIN, ET UX, FRANK J. INGARGIOLA, ET UX; JOSEPH MARTELLA, ET UX; ANTHONY BUCCANFURNI AND PATRICK SMITH ON BEHALF OF THEMSELVES AND ON BEHALF OF A CLASS OF HOMEOWNERS, PLAINTIFFS-RESPONDENTS, v. CAPE MAY GREENE, INC., A NEW JERSEY CORPORATION, DEFENDANT-APPELLANT, and CAPITOL PRODUCTS CORPORATION, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided January 30, 1987.

Attorney(s) appearing for the Case

Leonard C. Horn argued the cause, for appellant (Horn, Kaplan, Goldberg, Gorny & Daniels, attorneys, Glenn R. Gronlund, on the brief).

Thomas J. Vesper argued the cause, for respondent (Valore, McAllister, Westmoreland, Gould, Vesper & Schwartz, attorneys, Thomas J. Vesper, on the brief).

Before Judges MICHELS, SKILLMAN and LANDAU.

The opinion of the court was delivered by SKILLMAN, J.A.D.

In the mid-1970's defendant, Cape May Greene (CMG), constructed and sold approximately 80 moderately priced homes in a Ventnor development called Kings Bay West. Aluminum windows and doors manufactured by Capitol Products (Capitol) were installed in the homes. These windows and doors proved to be unsatisfactory. The homeowners complained that condensation collected on them, causing damage to the window sills...

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