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PRESTEN v. SAILER

225 N.J. Super. 178 (1988)

542 A.2d 7

KARY D. PRESTEN, PLAINTIFF-RESPONDENT, v. KENNETH SAILER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 26, 1988.

Attorney(s) appearing for the Case

Anthony J. Riposta attorney for appellant (Anthony J. Riposta on the brief).

Goldman, Carlet, Garrison, Bertoni & Klein, for respondent (Michael J. Zaretsky on the brief).

Before Judges PETRELLA, DREIER and BAIME.

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

The issues presented in this case include the existence and enforceability of an oral agreement between two individuals to jointly purchase an ownership interest in a cooperative apartment. Implicated therein is the status of ownership of shares of a cooperative apartment as realty or personalty. The Chancery Division judge found that Kenneth Sailer and Kary D. Presten had entered into a partnership or joint...

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