Legal Opinion

Gelber v. Zito Partnership

Supreme Court of New Jersey

Decided February 27, 1997PublishedCited by 31 opinions

1Opinion of the Court

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 malpractice against an architect on the basis that the homeowner had failed to inform the court that it had previously made a claim in arbitration against the general contractor for defective construction of the…

2Cases cited5 opinions

  1. DiTrolio v. AntilesSupreme Court of New Jersey · 1995
  2. Zirger v. General Accident InsuranceSupreme Court of New Jersey · 1996
  3. Cafferata v. PeyserNew Jersey Superior Court Appellate Division · 1991
  4. Joel v. MorroccoSupreme Court of New Jersey · 1997
  5. Manchester Tp. Bd. of Ed. v. Thomas P. Carney, Inc.New Jersey Superior Court Appellate Division · 1985

3Cited by31 opinions

  1. Olds v. DonnellySupreme Court of New Jersey · 1997
  2. K-Land Corp. No. 28 v. Landis Sewerage AuthoritySupreme Court of New Jersey · 2002
  3. Mitchell v. ProciniNew Jersey Superior Court Appellate Division · 2000
  4. Karpovich v. BarbarulaSupreme Court of New Jersey · 1997
  5. Vision Mortgage Corp. v. Patricia J. Chiapperini, Inc.Supreme Court of New Jersey · 1999

26 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API