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 Results for ("N.J.S.A. 46:3b-9")   1 to 15 of 16 results. Run time: 0.911 seconds | Search time: 0.904 seconds    
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1 WALTER & VERONICA KONIECZNY VS FRANK & ANTOINETTE MICCICHE, ET AL -- rank: 1000
... against the warranty constituted an election of a remedy under N.J.S.A. 46:3B-9.     Plaintiffs thereafter filed the present action in the Law Division ... against Micciche for damages relating to the "main beam" defect. N.J.S.A. 46:3B-9 provides in pertinent part:             Nothing contained herein shall affect other ... preclusion arises not only because of the statutory bar under N.J.S.A. 46:3B-9, but also based on principles of res judicata and collateral ... benefits therefrom , the Rzepienniks are barred by the warranty . . . and N.J.S.A. 46:3B-9 from seeking further relief in the courts." Id. at 237 ... to "enforce a remedy" and consequently the statutory bar under N.J.S.A. 46:3B-9 is inapplicable. We reject the argument.      N.J.S.A. 46:3B-9 states that " initiation of procedures to enforce a remedy ...
docket: a1122-96
court: njappellate
decided: 1997-11-06
status: published
citation: 305 N.J.Super. 375
Document Size: 35430
2 JOSEPH M. MALONEY v. KHAWAJA A. ALI -- rank: 986
... A. 46:3B-1 to -20 (the Act), and specifically N.J.S.A. 46:3B-9. Plaintiffs opposed the motion. Neither party requested oral argument on ... 1(b). In the opinion, the court noted that, under N.J.S.A. 46:3B-9, a homeowner has the opportunity to pursue any remedy available ... contention that the claim constituted an election of remedies under N.J.S.A. 46:3B-9, which barred plaintiffs' lawsuit. Indeed, that was the only issue ... shall affect other rights and remedies available to the owner." N.J.S.A. 46:3B-9. Indeed, the Act makes plain that the owner may pursue ... a claim with the DCA's new home warranty program, N.J.S.A. 46:3B-9 barred them from pursuing "all other remedies." Plaintiffs submitted a ... any alleged defects in their newly-constructed home. See also N.J.S.A. 46:3B-9; N.J.A.C. 5:25-3.10 (filing ...
docket: a0950-10
court: NJ Superior Court Appellate Division
decided: 2011-09-30
status: unpublished
citation:
Document Size: 19963
3 Czar, Inc. v. Jo Anne Heath, et al. -- rank: 893
... included a reservation of, and an election of, remedies, see N.J.S.A. 46:3B-9, which, in its view, would preserve a CFA cause of ... that avenue for relief is an affirmative election of remedies. N.J.S.A. 46:3B-9. As a result, reliance on the warranty will also preclude ...
docket: a-114-07
court:
decided: 2009-03-18
status:
citation: 198 N.J. 195
Document Size: 84633
4 ARTHUR YAROSHEFSKY et al. v. ADM BUILDERS, INC. -- rank: 882
... that the New Home Warranty and Builders' Registration Act ("Act"), N.J.S.A. 46:3B-9, because they withdrew their claim and did not sign the ... 3B-7. The Act contains an election of remedies provision, N.J.S.A. 46:3B-9, which provides:         Nothing contained herein shall affect other rights and ... 381. Judge Havey, writing for this court, held that, under N.J.S.A. 46:3B-9 and principles of res judicata , plaintiffs' decision to begin arbitration ... Fraud Act." Ibid. The court found that the language of N.J.S.A. 46:3B-9, which states that " initiation of procedures to enforce a remedy ... Long specifically pointed out, that "[t]his scheme differs from N.J.S.A. 46:3B-9, the Act's election of remedies provision. Postizzi , supra , at ... we held that the homeowners' action was not barred under N.J.S.A. 46:3B-9 because the homeowners "had good reason to believe that ...
docket: a6882-99
court: njappellate
decided: 2002-03-05
status: published
citation: 349 N.J. Super. 40
Document Size: 35027
5 DOMINIC NICOLOSI v. MARK ANTHONY CARPENTRY, LLC. -- rank: 865
... those homeowners whose warranty is administered through the State program. N.J.S.A. 46:3B-9 provides in pertinent part: Nothing contained herein shall affect other ... provide an election of remedies provision like that contained in N.J.S.A. 46:3B-9, and, in fact, is explicitly permitted to limit the available ... turned to the election of remedies provision of the Act, N.J.S.A. 46:3B-9, to resolve this issue, without further reference to the contract ... or arbitration or filing a lawsuit." Citing cases that interpreted N.J.S.A. 46:3B-9, the court denied the motion, concluding that the plaintiffs "at ... the court to apply the election of remedies provision in N.J.S.A. 46:3B-9, which only applies to warranties administered through the State program ...
docket: a2272-09
court: NJ Superior Court Appellate Division
decided: 2011-03-04
status: unpublished
citation:
Document Size: 25564
6 Czar, Inc. v. Jo Anne Heath, et al. -- rank: 855
... included a reservation of, and an election of, remedies, see N.J.S.A. 46:3B-9, which, in its view, would preserve a CFA cause of ... that avenue for relief is an affirmative election of remedies. N.J.S.A. 46:3B-9. As a result, reliance on the warranty will also preclude ...
docket: a-114-07
court:
decided: 2009-03-18
status:
citation: 198 N.J. 195 966 A.2d 100
Document Size: 105851
7 MARCHAK V. CLARIDGE COMMONS, INC., ET AL. -- rank: 799
... date for major construction defects as defined in this act. [ N.J.S.A. 46:3B-9. The court concluded that "the attempt in this case to ... s right of appeal as applicable to the remedy elected. [ N.J.S.A. 46:3B-9.] Thus, under the Act, litigation, on the one hand, and ... him "from pursuing the same claim under this warranty." Like N.J.S.A. 46:3B-9, Claridge's warranty contemplates arbitration and litigation as mutually exclusive ... the Act supplements an owner's right to sue. As N.J.S.A. 46:3B-9 specifically states, "Nothing contained herein shall affect other rights and ...
docket: a-24-93
court: njsupreme
decided: 1993-12-08
status:
citation: 134 N.J. 275
Document Size: 27030
8 THOMAS AND SUZANNE BRACKEN v. PRINCETON ESTATES, INC. -- rank: 731
... Brackens had elected arbitration as the exclusive remedy pursuant to N.J.S.A. 46:3B-9 by filing a counterclaim seeking compensation for the defective roof ... election of remedy that would constitute         such a bar under N.J.S.A. 46:3B-9, as well as         under N.J.A.C. 5:25 ... Brackens' claims were barred by the statutory election remedies provision. N.J.S.A. 46:3B-9 provides:         Nothing contained herein shall affect other         rights and remedies ...
docket: a4968-00
court: njappellate
decided: 2002-04-19
status: published
citation: 350 N.J. Super. 300
Document Size: 46311
9 SICA INDUSTRIES, INC v. GRACE MACEDO -- rank: 658
... she did not knowingly and voluntarily elect her remedy under N.J.S.A. 46:3B-9 and N.J.A.C. 5:25-3.10. Plaintiffs ... because she elected a remedy under the Warranty Act, specifically N.J.S.A. 46:3B-9, when she filed a warranty claim with the DCA. In ...
docket: a3802-18
court: NJ Superior Court Appellate Division
decided: 2019-12-31
status: Unpublished
citation:
Document Size: 14039
10 ALEXANDER & EVA SPOLITBACK VS CYR CORP., ET ALS -- rank: 634
... barred by reason of the election of remedy provision of N.J.S.A. 46:3B-9:     Nothing contained herein shall affect other rights and remedies available ... a procedure "to enforce a remedy" in the contemplation of N.J.S.A. 46:3B-9. [ Id. at 549-50.]     Both Rzepiennik and Haberman have more ... have enunciated, specifically which of plaintiffs' claims are barred by N.J.S.A. 46:3B-9 and N.J.A.C. 5:25-3.10 and ...
docket: a5505-95
court: njappellate
decided: 1996-11-26
status: published
citation: 295 N.J.Super. 264
Document Size: 15304
11 ALEXANDER IVASHENKO et al. v. KATELYN COURT COMPANY, INC. -- rank: 624
... s right of appeal as applicable to the remedy elected. [ N.J.S.A. 46:3B-9 (emphasis added).] The attendant regulation spells out in more detail ... but did not submit to the arbitrator. The language of N.J.S.A. 46:3B-9 "initiation of procedures to enforce a remedy shall constitute an ...
docket: a6532-06
court: njappellate
decided: 2008-05-30
status: published
citation: 401 N.J.Super. 99
Document Size: 54930
12 DKM RESIDENTIAL PROPERTIES CORPORATION v. THE TOWNSHIP OF MONTGOMERY, et al. -- rank: 603
... owner," once initiated, proceeding under the warranty bars other remedies. N.J.S.A. 46:3B-9. To uphold the municipal construction official's enforcement jurisdiction over ...
docket: a6242-00
court: njappellate
decided: 2003-09-15
status: published
citation: 363 N.J. Super. 80
Document Size: 45668
13 JAMES L. INGRAHAM VS TROWBRIDGE BUILDERS -- rank: 599
... available to [him]" by filing this complaint in Superior Court. N.J.S.A. 46:3B-9. The trial judge also found that Ingraham proved through expert ...
docket: a2265-95
court: njappellate
decided: 1997-01-30
status: published
citation: 297 N.J.Super. 72
Document Size: 30815
14 LAWRENCE BLATTERFEIN, et al.v. LARKEN ASSOCIATES, et al. -- rank: 434
... the bar imposed by HOW's election of remedy provision, N.J.S.A. 46:3B-9. Judge Ashrafi did rule, however, that the total arbitration award ...
docket: a7370-97
court: njappellate
decided: 1999-07-15
status: published
citation: 323 N.J.Super. 167
Document Size: 39866
15 CZAR, INC. v. JO ANNE HEATH et al. -- rank: 427
... but in the New Home Act and its regulations. However, N.J.S.A. 46:3B-9 provides that nothing contained in the New Home Act shall ...
docket: a4360-06
court: njappellate
decided: 2008-02-06
status: published
citation: 398 N.J.Super. 133
Document Size: 45916
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