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13 N.J.A.R. 784

New Home Warranty Program; Fisch, George and Sydney v
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Citation: 13 N.J.A.R. 784
Decision Date: 1988
Agency: DEPARTMENT OF COMMUNITY AFFAIRS
Synopsis: Petitioners filed a claim under the New Home Warranty and Builders' Registration Act. After arbitration, petitioners were directed to obtain bids for repairs. Petitioners appealed and the matter was transmitted to the Office of Administrative Law for a hearing. Both respondent and the builder filed motions for summary judgment requesting dismissal of the appeal. The administrative law judge granted the motion. The judge concluded that because petitioners had already contracted to have repair work done without obtaining authorization for the work or the cost from the New Home Warranty Program, petitioners were precluded from seeking payment for the repairs through the New Home Warranty Fund. Petitioners were aware of the correct procedure to obtain payment from the Fund, but deliberately deviated from the procedure. Upon review, this initial decision was adopted by the Commissioner of Community Affairs. The Appellate Division affirmed. The court also held that the administrative law judge did not act prematurely in granting the motion for summary disposition at the same hearing at which the motion was made. Keith J. Burns, Esq., for petitioners Mark I. Simon, Deputy Attorney General, for respondent (W. Cary Edwards, Attorney General of New Jersey, attorney)
Rule(s) Cited: 5:25-5.5(e)