Huang

Statement of the Case

Plaintiffs Florence C. Huang and Sheila C. Huang commenced this action on July 8, 1975, by filing a “Complaint for Rescission and Restitution and Other Relief Re Purchase of Real Property.” The complaint stated numerous causes of action based upon the purchase by plaintiffs on August 1, 1974, for the sum of $1,205,000 of the Caroline Apartments which they alleged had been defectively designed and constructed. Plaintiffs named as defendants the real estate brokers involved in the transaction, the sellers of the property, various lenders, intermediate owners of the property and the original owner/developer of the property, defendant Keith E. Garner and his wholly owned construction company defendant Encinal Park Inc., as well as the building designer for the project, defendant Stanley Mattson, and the project’s civil engineer, defendant Frank Connelly.

Prior to the beginning of trial, plaintiffs settled with all parties except defendants Garner, Encinal Park Inc., Connelly, and Mattson. The case proceeded to trial against these remaining defendants on the theories of strict liability, negligence and implied warranty. Trial commenced on June 3, 1980,…