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LAHUE v. PIO COSTA

263 N.J. Super. 575 (1993)

623 A.2d 775

ROBIN A. LAHUE, PLAINTIFF-RESPONDENT, v. ANTHONY PIO COSTA, III, LOUIS ALBERGATO, JR., AS TRUSTEE FOR THE ANTHONY PIO COSTA, IV TRUST AND LOUIS ALBERGATO, JR., AS TRUSTEE FOR THE CARMEN PIO COSTA TRUST, DEFENDANTS-APPELLANTS. IN THE MATTER OF THE ESTATE OF ANTHONY PIO COSTA, II, DECEASED. ANTHONY PIO COSTA, III, APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 8, 1993.

Attorney(s) appearing for the Case

Kevin H. Marino argued the cause for appellants (Robinson, St. John & Wayne, attorneys, Joseph P. LaSala, Edward A. Hartnett and Mr. Marino, on the brief).

Frederick L. Whitmer argued the cause for respondent Robin A. Lahue (Pitney, Hardin, Kipp & Szuch, attorneys, Eileen A. Lindsay and Mr. Whitmer, on the brief).

Deanne M. Wilson argued the cause for respondent Rosalind Pio Costa (Mound, Cotton & Wollan, attorneys, Ms. Wilson of counsel, Patrice M. Renner, on the brief).

Before Judges J.H. COLEMAN, SHEBELL and CONLEY.

The opinion of the court was delivered by CONLEY, J.A.D.

These three consolidated appeals arise from an oral settlement of five separate pieces of litigation between the parties that plaintiff, Robin A. Lahue, contended defendant, Anthony Pio Costa, III, had agreed to on January 22, 1991, and thereafter reneged on. Plaintiff filed a motion to enforce which, following three days of testimony from the critical players in the negotiations, the trial judge granted. A...

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