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POSTIZZI v. LEISURE + TECHNOLOGY

235 N.J. Super. 285 (1989)

562 A.2d 232

JOSEPH R. POSTIZZI AND JANE POSTIZZI, HIS WIFE, PLAINTIFFS-APPELLANTS, v. LEISURE + TECHNOLOGY, INC., A DELAWARE CORPORATION, LEISURE FAIR AND HOME OWNERS WARRANTY CORPORATION, A WASHINGTON, D.C. CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 19, 1989.

Attorney(s) appearing for the Case

Jeri Sayer argued the cause for appellants (Joseph R. Postizzi, attorney; Jeri Sayer on the brief).

Steven M. Berlin argued the cause for respondent Leisure + Technology, Inc. (Giordano, Halleran & Ciesla, attorneys; John J. Brogan on the brief).

Bruce E. Barrett argued the cause for respondent Home Owners Warranty Corporation (Slimm, Dash & Goldberg, attorneys; Bruce E. Barrett on the brief).

Before Judges GAULKIN, BILDER and ARNOLD M. STEIN.

The opinion of the court was delivered by ARNOLD M. STEIN, J.A.D.

Plaintiffs appeal from an order entering summary judgment in favor of defendant builder Leisure + Technology, Inc. and co-defendant Home Owners Warranty Corporation (HOW). The Law Division held that plaintiffs' civil action for damages was barred by N.J.S.A. 46:3B-9, the election of remedies provision of the New Home Warranty and Builders' Registration Act, N.J.S.A. 46:3B-1, et seq...

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