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NOLAN v. HOMES BY BRINKERHOFF, INC.

230 N.J. Super. 306 (1988)

553 A.2d 392

J. MICHAEL NOLAN AND KATHLEEN MURRAY NOLAN, PLAINTIFFS, v. HOMES BY BRINKERHOFF, INC., FRANK SERRA AND THE ESTATE OF WILLIAM BRINKERHOFF AND HOME OWNERS WARRANTY CORPORATION OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division Somerset County.

Decided October 28, 1988.

Attorney(s) appearing for the Case

Patricia B. Santelle, for plaintiffs (Pitney, Hardin, Kipp & Szuch).

Edward W. Gorney, for defendants Homes by Brinkerhoff, Inc., Frank Serra and The Estate of William Brinkerhoff (Purzycki & Gorney, attorneys).

Bruce E. Barrett, for defendant Home Owners Warranty Corporation of New Jersey (Slim, Dash & Goldberg, attorneys).

ARNOLD, P.J.Cv.

This is the return day of motions for summary judgment brought by the defendants, the builder and the administrator of a warranty insurance program for a new home. The issue raised by the motions is whether the buyer of a new home may bring suit under an alternate new home warranty security program, established pursuant to N.J.S.A. 46:3B-8, after the buyer has participated in an informal dispute settlement proceeding. Because the new home warranty...

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