Carroll McNulty & Kull LLC
120 Mountain View Boulevard
Basking Ridge, NJ 07920
Download Word Doc: Click Here
Release Date: Tuesday, March 02, 2010
Media Contact: Christine Ziomek (201) 796-7788
Somerset County Superior Court Issues Defense Verdict, Dismissing Allegations Of Violations Of Common Law Fraud
Carroll McNulty & Kull's Jim Kane and Denise Marra DePekary Represent Defendants
BASKING RIDGE, N.J., March 2, 2010 - In Cheryl Brunetti and Vincent J. Brunetti v. Robin J. Bocra and William H. Slotter, the jury rendered a defense verdict after a three-day trial in Somerset County Superior Court, dismissing all allegations of common law fraud. James Kane, Esq., and Denise Marra DePekary, members of Carroll McNulty & Kull LLC (CMK) in Basking Ridge, N.J., represented the defendants.
In the case, the plaintiffs, Cheryl Brunetti and Vincent J. Brunetti, asserted that the homeowners, Robin J. Bocra and William H. Slotter, committed fraud and misrepresented the facts by not disclosing the replacement of 30 tiles while Bocra and Slotter owned the home. Within a few months of purchasing the home, the Brunettis experienced cracking in the tile and contended that the sellers knew that the house had a structural defect in this regard although no cause for the cracking was ever determined.
"After just 12 minutes of deliberation, the jury found that our clients did not make false statements and therefore, there was no basis for common law fraud," remarked Kane. "Prior to trial, the court had already dismissed the plaintiff's Consumer Fraud Act claim that sought treble damages and counsel fees that approached $300,000."
Kane is a Certified Civil Trial Attorney in the State of New Jersey, concentrating his practice on construction and insurance defense. DePekary, who possesses extensive litigation experience, focuses on a number of practice areas including appellate, commercial disputes, construction and surety, employment, insurance coverage, insurance defense, and worker's compensation.
Founded in 1997, CMK provides legal counseling and representation to clients of all sizes nationwide, ranging from Fortune 100 companies, insurers and construction companies to closely held corporations, family-owned businesses and individuals. Primary practice areas include insurance coverage; construction and surety; insurance defense; commercial disputes and business counseling; employment; and admiralty, maritime, transportation, and international trade. The firm expanded its New York office as well as its headquarters in Basking Ridge, N.J., in 2008 and now has 44 attorneys.
###