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NEWMAN-STEELE v. MAYOR AND COUNCIL OF BOROUGH OF TINTON FALLS

No. A-1812-08T2.

MARTHA NEWMAN-STEELE, DR. MARK C. NEWMAN, DR. GARY NEWMAN, and FRAN NEWMAN SESTI, Plaintiffs, v. THE MAYOR AND COUNCIL OF THE BOROUGH OF TINTON FALLS, THE BOROUGH OF TINTON FALLS, and THE BOROUGH OF TINTON FALLS PLANNING BOARD, Defendants, and PRC TINTON AVENUE DEVELOPERS, LLC, Defendant/As an Indispensable Party, and THE MAYOR AND COUNCIL OF THE BOROUGH OF TINTON FALLS, THE BOROUGH OF TINTON FALLS, and THE BOROUGH OF TINTON FALLS PLANNING BOARD, Third-Party Plaintiffs-Appellants, v. PAUL ABRAMS and SAYMARK REALTORS, Third-Party Defendants-Respondents, and ABRAHAM LESER and TINTON TELECOM, LLC, Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided: August 17, 2010.

Attorney(s) appearing for the Case

Jerry J. Dasti argued the cause for appellants (Dasti, Murphy, McGuckin, Ulaky, Cherkos & Connors, attorneys; Mr. Dasti, of counsel and on the brief).

Paul V. Fernicola argued the cause for respondents (Paul V. Fernicola & Associates, LLC, attorneys; Mr. Fernicola, of counsel; Robert E. Moore, on the brief).

Before Judges Cuff, C.L. Miniman and Waugh.

PER CURIAM.

Defendants/third-party plaintiffs Mayor and Council of the Borough of Tinton Falls, the Borough of Tinton Falls and the Borough of Tinton Falls Planning Board1 (collectively the Borough) appeal from an order granting third-party defendants Paul Abrams and Saymark Realtors' motion for summary judgment and dismissing their complaint. It argues that Abrams' agreement with a property owner to provide real estate consulting services...

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