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VAN DAM EGG CO. v. ALLENDALE FARMS, INC.

199 N.J. Super. 452 (1985)

489 A.2d 1209

VAN DAM EGG CO., PLAINTIFF-APPELLANT, v. ALLENDALE FARMS, INC., A CORPORATION, AND JOHN PUGLISI, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 14, 1985.

Attorney(s) appearing for the Case

Robert B. Silverman argued the cause for appellant.

Ellen N. Hersh argued the cause for respondent John Puglisi (Craner & Nelson, attorneys).

No appearance on behalf of Allendale Farms, Inc.

Before Judges PRESSLER, BRODY and COHEN.

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

The Law Division dismissed the second and third counts of plaintiff's complaint for failure to state a cause of action upon which relief could be granted. R. 4:5-2. Plaintiff appealed, and we now reverse.

Plaintiff's first count was brought solely against defendant Allendale Farms, Inc. It alleged that in July and August 1981 plaintiff sold Allendale eggs for which Allendale failed to pay

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