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FURST v. EINSTEIN MOOMJY, INC.

860 A.2d 435 (2004)

182 N.J. 2

Henry F. FURST, Plaintiff-Respondent, v. EINSTEIN MOOMJY, INC., The Carpet Department Store, and Walter Moomjy, Defendants-Appellants.

Supreme Court of New Jersey.

Decided November 15, 2004.

Attorney(s) appearing for the Case

Bruce H. Nagel, Livingston, argued the cause for appellants (Nagel Rice & Mazie, attorneys).

Leon Grauer, Nutley, argued the cause for respondent.

Justice ALBIN delivered the opinion of the Court.

In this case, defendants, a carpet department store and its president, sold plaintiff-customer a defective carpet at a warehouse clearance sale in violation of the Consumer Fraud Act, N.J.S.A. 56:8-1 to -20. The trial court determined that plaintiff's "ascertainable loss" was the replacement value of the carpet, not the purchase price. The court, however, found that plaintiff did not offer sufficient evidence...

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