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ALLSTATE REDEVELOPMENT CORP. v. SUMMIT ASSOC., INC.

206 N.J. Super. 318 (1985)

502 A.2d 1137

ALLSTATE REDEVELOPMENT CORPORATION, A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. SUMMIT ASSOCIATES, INC., A NEW JERSEY CORPORATION, DIEGO R. VISCEGLIA AND PETER H. COOK, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 25, 1985.

Attorney(s) appearing for the Case

Franzblau, Falkin & Goldman, P.A., attorneys for appellant (Frederic C. Ritger, Jr., on the brief).

Crummy, Del Deo, Dolan & Purcell, P.C., attorneys for respondents (Frederick C. Kentz, III, on the brief).

Before Judges O'BRIEN and SCALERA.

The opinion of the court was delivered by O'BRIEN, J.A.D.

Plaintiff Allstate Redevelopment Corporation (Allstate) appeals from a summary judgment dismissing its complaint against defendant Summit Associates, Inc. (Summit). At issue in this case is the nonperformance by plaintiff-lessee of a condition precedent in a commercial lease agreement allegedly caused by defendant-lessor's bad-faith failure to disclose a material fact. We hold that plaintiff sufficiently raised...

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