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MADAIO v. McCARTHY

199 N.J. Super. 430 (1985)

489 A.2d 1197

JOHN MADAIO AND LORETTA MADAIO, HIS WIFE, PLAINTIFF-RESPONDENT, v. DOLORES McCARTHY, DEFENDANT-APPELLANT. ZACHARIAE REALTY, INC., A NEW JERSEY CORPORATION, PLAINTIFF-CROSS-APPELLANT, v. DOLORES MCCARTHY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 11, 1985.

Attorney(s) appearing for the Case

C. Maury C. Knight argued the cause for appellant (Huckin, Avignone, Berenbroick & Knight, attorneys).

George M. Cafarelli argued the cause for plaintiff-cross appellant Zachariae Realty, Inc. (George M. Cafarelli, attorney).

Richard H. Kress argued the cause for respondent John and Loretta Madaio (Kress & Charney, attorneys; Richard H. Kress and Jay Lavroff on the brief).

Before Judges ANTELL, J.H. COLEMAN and SIMPSON.

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

On October 11, 1982 Dolores McCarthy listed certain real estate for sale with Zachariae Realty, Inc., a real estate broker. The original listing was for $195,000, but over a period of time the listing price was reduced to $125,000. There was disagreement in the evidence as to whether McCarthy knew that the listing price was being reduced, but the trial court, sitting without a jury, found that this was done...

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