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NIEVES v. BARAN

164 N.J. Super. 86 (1978)

395 A.2d 875

JUAN NIEVES, PLAINTIFF-RESPONDENT, v. ADAM BARAN, T/A BARAN MOTORS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 27, 1978.

Attorney(s) appearing for the Case

Mr. Michael J. Gruccio argued the cause for appellant (Messrs. Adamo & Pagliughi, attorneys).

Mr. Sheldon C. Schulman argued the cause for respondent.

Before Judges FRITZ, BISCHOFF and MORGAN.

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

Defendant appeals from a judgment in the amount of $4,255.08 entered in Cumberland County Court after a nonjury trial in Cumberland County District Court. After hearing testimony and argument, the trial judge found the actual damages to be $1,168.36. Having found "outright fraud" as a fact, involving a violation of N.J.S.A. 56:8-2, and prepared to apply the treble damage provision of N.J.S.A....

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