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OAK TRAIL ROAD HOMEOWNERS ASS'N v. ROYAL MILE CORP.

246 N.J. Super. 590 (1991)

588 A.2d 430

OAK TRAIL ROAD HOMEOWNERS ASSOCIATION, BERNARD PARDELL, DOROTHY KARLITZ, GEORGE GRAY, DAVID LASKY, MICHAEL STAHL, AND FRANK VALENTINE, AS REPRESENTATIVES OF A CLASS OF ALL HOMEOWNERS, PLAINTIFFS/RESPONDENTS, v. THE ROYAL MILE CORPORATION, COMPLETE ROOFING SYSTEMS, INC., STEPHEN R. SNYDER, TOTAL COMFORT HEATING AND COOLING CO., INC., DAVID M. BROWN, HOWARD SAVINGS BANK, LIEBMAN & HURWITZ, DIBITEN USA, JOHN DOES 1 THROUGH 10 (FICTIONAL PERSONS OR ENTITIES), DEFENDANTS/THIRD-PARTY PLAINTIFFS. HOME OWNERS WARRANTY CORPORATION, DEFENDANT/THIRD-PARTY PLAINTIFF/APPELLANT, v. WEATHER-SEAL CONTRACTORS, INC., THIRD-PARTY DEFENDANT/FOURTH-PARTY PLAINTIFF, v. OWENS-CORNING FIBERGLASS CORP., AND JOHN DOES 1 THROUGH 25 (FICTIONAL PERSONS OR ENTITIES), DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 21, 1991.

Attorney(s) appearing for the Case

Richard T. Smith argued the cause for appellant (Slimm, Dash and Goldberg, attorneys; Bruce E. Barrett, on the brief).

Jeffrey B. Steinfeld argued the cause for respondents (Smith, Don, Alampi, Scalo & D'Argenio, attorneys; Philip Scalo, of counsel; Naomi B. Blank and Jeffrey B. Steinfeld, on the brief).

Before Judges KING, LONG and R.S. COHEN.

The opinion of this court was delivered by LONG, J.A.D.

By leave granted, defendant Home Owners Warranty Corporation (HOW) appeals from an order denying it summary judgment under the election of remedies provisions of The New Home Warranty and Builders' Registration Act, N.J.S.A. 46:3B-1, et seq. and its regulations, N.J.A.C. 5:25-1.1, et seq. While we disagree with the grounds advanced by HOW as entitling it to summary judgment, we are...

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