Partner Karen Mascioli successfully moved to dismiss a plaintiff’s construction defect case for failure to prove damages in the Superior Court of New Jersey, Law Division – Bergen County. The Plaintiffs alleged that defects in the general contractor and other contractors’ new home construction work caused multi-million-dollar damage including costs of repair and claimed entitlement to treble damages and reimbursement of counsel fees pursuant to the Consumer Fraud Act. Karen moved to bar plaintiffs’ expert testimony and for Summary Judgment, appearing before the Court for oral argument. The Trial Court Judge granted in part the motion to bar expert testimony finding that the plaintiffs’ expert’s damages testimony constituted a net opinion and dismissed with prejudice the plaintiffs’ complaint for failure to prove damages.
