Maria Pendonjis v. Fox & Roach Realtors
Maria Pendonjis v. Fox & Roach Realtors; FJ 23 LLC; Homestarr Realty; Arra Woodson; ABC, INC.; DEF, INC., John and Jane Does I-V, fictious defendants
FJ 23, LLC, Third-Party Plaintiff and Defendant v. Arra Woodson; Homestarr Realty, Third-Party Defendants
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark.
Decided June 2, 2022
Defendant Fox & Roach LP d/b/a Berkshire Hathaway HomeServices Fox & Roach, Realtors’ motion to dismiss was denied by the court in the Law Division. They wanted to dismiss the matter for failure to state a claim, invoking the Affidavit Merit Statute, (AoM Statute).
In April 2021, Maria Pendondjis attended an open house. The property was listed for sale by the movant here, Fox & Roach Realtors (“Fox & Roach”). Pendondjis was accompanied by her own realtor, defendant Arra Woodson, a real estate agent with defendant Homestarr Realty. During her tour of the home, Pendondjis fell, suffering injury. This suit followed.
Realtors, real estate agents, and or real estate professionals are not included with the definition of a “licensed person” when it comes to the AoM Statute. Only medical professionals that are licensed can have this apply to them. Affidavit of merit is not required in a personal injury action against a realtor, real estate agent, or real estate professional- professionals not specifically enumerated as “licensed persons” in N.J.S.A. 2A:53A-26.
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