Opinion

E. A. Williams, Inc. v. Russo Development Corp.

  • 82 N.J. 160
  • 411 A.2d 697
  • 1980 N.J. LEXIS 1322
Court
Supreme Court of New Jersey
Filed
Feb 20, 1980
Status
Published
Author
Sullivan
On the bench
Handler, Sullivan
Cited by
37 cases

explaining that the court "appl[ies] the adjectival *519clause relating to "defective and unsafe" conditions as qualifying all of the situations mentioned in the statute."

How later courts described this case

  • explaining that the court "appl[ies] the adjectival *519clause relating to "defective and unsafe" conditions as qualifying all of the situations mentioned in the statute."
  • explaining that the court "appl[ies] the adjectival clause relating to "defective and unsafe" conditions as qualifying all of the situations mentioned in the statute."
  • holding, prior to 2001 amendment, that error in survey did not create a defective and unsafe condition and thus N.J.S.A. 2A:14-1.1 inapplicable
  • N.J.S.A. 2A:14-1.1 is inapplicable to claim against a surveyor for the mislocation of a building which did not create a hazardous or unsafe condition in the building, but only resulted in inconvenience and expense to the owner

Written by the judges who cited it.

Distinguished

  • Distinguished by Newark Beth Israel Medical Center v. Gruzen, 124 N.J. 357 (1991)

    Corp., supra, 82 N.J. at 160, 411 A.2d 697, is distinguishable.
    Supreme Court of New JerseyJun 4, 1991Read it
  • Distinguished by Stix v. Greenway Develop. Co., 185 N.J. Super. 86 (1982)

    Corp., 82 N.J. 160 (1980), relied upon heavily by plaintiffs, is clearly inapposite.
    New Jersey Superior Court Appellate DivisionApr 7, 1982Read it

The opinion

SULLIVAN, J.

(concurring in result).

I agree that there should be a judgment in favor of plaintiff for $7,000, but not for the reasons given in the majority opinion. I would hold that surveying work is not a part of the “design, planning, supervision or construction of an improvement to real property” within the meaning of N.J.S.A. 2A:14-1.1. Defendant Koestner, who made the erroneous survey (not discovered for some 18 years), is therefore not protected by the 10-year statutory limitation on bringing suit.

The majority holds that surveying work is included in the above language but that the 10-year limitation applies only when the work creates a “defective and unsafe condition.” This is a misreading of the statute. The phrase “arising out of the defective and unsafe condition of an improvement to real property” does not modify the language “deficiency in the design, planning, supervision or construction of an improvement to real property.” Rather, it relates only to an action “for any injury to property, real or personal, or for an injury to the person, or for bodily injury or wrongful death.” In short, I read the statute to refer to two separate and distinct kinds of action. The limiting clause, relied on by the majority, relates only to the second.

I would hold that surveying work is not part of “design, planning” etc. as set forth in the statute and that therefore the 10-year limitation is inapplicable.

Justice POLLOCK joins in this concurrence.

SULLIVAN and POLLOCK, JJ., concurring in the result.

For affirmance —Chief Justice WILENTZ and Justices SULLIVAN, PASHMAN, CLIFFORD, SCHREIBER, HANDLER and POLLOCK — 7.

For reversal —None.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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