SIMMONS v. GENERAL MOTORS CORP.


180 N.J. Super. 522 (1981)

435 A.2d 1167

ALLEN F. SIMMONS AND ANN B. SIMMONS, HIS WIFE, PLAINTIFFS, v. GENERAL MOTORS CORPORATION, OLDSMOBILE DIVISION, DEFENDANT AND THIRD-PARTY DEFENDANT-APPELLANT, AND WILLIAM PERRETTI, DEFENDANT AND THIRD-PARTY PLAINTIFF-RESPONDENT, AND SIMMONS OLDSMOBILE, INC., INTERVENOR AND THIRD-PARTY PLAINTIFF-RESPONDENT, AND A.M.S. INC. AND DAVID E. LAHTI, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided August 11, 1981.


Attorney(s) appearing for the Case

Michael Waters argued the cause for appellant (Carpenter, Bennett & Morrissey, attorneys; Otis M. Smith, General Counsel, and Robert B. Weiss, of the Michigan Bar, and Thomas L. Morrissey of counsel; Rudy B. Coleman, Rosemary J. Bruno and Linda B. Celauro on the brief).

Melvyn H. Bergstein argued the cause for respondents (Margolis, Bergstein & Schiffman, attorneys; Martin G. Margolis and Melvyn H. Bergstein of counsel; Richard G. Berger, on the brief).

Before Judges BOTTER, KING and McELROY.


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

This appeal concerns the right of General Motors Corp. (GM) to terminate an Oldsmobile motor vehicle dealership franchise held by Simmons Oldsmobile, Inc. (Simmons Olds) whose stock was sold to William Perretti without GM's approval. The principal focus of this appeal are provisions in the final judgment entered in the Chancery Division on November 27, 1979...

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