Allen v. V and A Brothers Inc., A-30 September Term 2010; opinion by Hoens, J.; decided July 7, 2011. On certification to the Appellate Division, 414 N.J. Super. 152 (App. Div. 2010). [Sat below: Judges Cuff, Payne and Waugh in the Appellate Division; Judge Innes in the Law Division.] DDS No. 09-1-2810 [43 pp.]

Plaintiffs William and Vivian Allen hired V and A Brothers Inc. to level off the slope in their backyard and install a retaining wall so that an in-ground pool could be installed. V and A had been formed by Angelo Di Meglio and Vincent Di Meglio. When Vincent died, after the dispute arose but before this action, Angelo bought his shares, thereby becoming the sole owner of the corporation, which has only one other full-time employee, Thomas Taylor.