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EBERT v. SOUTH JERSEY GAS CO.

723 A.2d 599 (1999)

157 N.J. 135

John J. EBERT and Frances A. Ebert, his wife, and Frances Anna Ebert, their daughter, Plaintiffs, v. SOUTH JERSEY GAS COMPANY, A Public Utility authorized to do business in the State of New Jersey, Defendant and Third Party Plaintiff-Appellant, and R & T Castellini Company, Defendant, v. J.F. Kiely Construction Company, Third Party Defendant-Respondent.

Supreme Court of New Jersey.

Decided February 9, 1999.

Attorney(s) appearing for the Case

James P. Savio, Absecon, for defendant and third party plaintiff-appellant (Savio, Reynolds & Drake, attorneys).

Gerard W. Quinn, Atlantic City, for third party defendant-respondent (Cooper Perskie April Niedelman Wagenheim & Levenson, attorneys).

The opinion of the Court was delivered by POLLOCK, J.

At issue is whether a service line leading from a gas main on residential property is an improvement within the meaning of N.J.S.A. 2A:14-1.1, which provides that no action shall be brought against a contractor more than ten years after the construction of an improvement to real property. The Appellate Division held that a gas service constituted such an improvement. 307 N.J.Super. 127...

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