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GELBER v. ZITO PARTNERSHIP

147 N.J. 561 (1997)

688 A.2d 1044

MARC GELBER AND MARLENE GELBER, PLAINTIFFS-APPELLANTS, v. THE ZITO PARTNERSHIP, A PARTNERSHIP CONSISTING OF MATTHEW R. ZITO AND DANIEL FALCONE, DEFENDANTS-RESPONDENTS. DANIEL FALCONE, ARCHITECT, PLAINTIFF, v. MARC GELBER AND MARLENE GELBER, DEFENDANTS.

The Supreme Court of New Jersey.

Decided February 27, 1997.

Attorney(s) appearing for the Case

James G. Aaron argued the cause for appellants (Ansell, Zaro, Grimm & Arron, attorneys).

Andrew J. Carlowicz argued the cause for respondent Daniel Falcone (Hoagland, Longo, Moran, Dunst & Doukas, attorneys; Thomas S. McGuire, on the brief).

Lewis M. Markowitz argued the cause for respondent Matthew R. Zito (Epstein, Epstein, Brown & Bosek, attorneys; Andrew M. Epstein, on the brief).

The opinion of the Court was delivered by O'HERN, J.

This appeal, like Joel v. Morrocco, 147 N.J. 546, 688 A.2d 1036 (1997), also decided today, concerns an application of the entire controversy doctrine. We apply the principles there stated to the disposition of this appeal.

In this case, we hold that it was error to dismiss all allegations of a homeowner's current suit for professional...

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