Aaron Ajamian, Plaintiff-Respondent v. Isidore Schlanger, Henry Schlanger and Sidney Schlanger, Trading as I…

Summary

The New Jersey Supreme Court reversed the Appellate Division and remanded with instructions to grant summary judgment for the defendants, holding that the purchaser’s failure to amend his claim after being warned constituted a deliberate waiver of his legal remedy for damages, thereby barring the subsequent action. The Court explained that under the merged law‑equity system, such waiver precludes a later suit unless the plaintiff takes advantage of the opportunity to seek both remedies.