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BRAMBLEWOOD v. C & G ASSOC.

262 N.J. Super. 96 (1992)

619 A.2d 1332

BRAMBLEWOOD INVESTORS, LTD., PLAINTIFF AND DEFENDANT ON THE COUNTERCLAIM; THIRD PARTY PLAINTIFF ON CLAIM AGAINST MORTENSON, FLEMING, GRIZZETTI & BOIKO, v. C & G ASSOCIATES, ROBERT S. MORTENSON, RICHARD J. GRIZZETTI, JOHN A. BOIKO, DENNIS M. GAITO, KENNETH M. GOLDMANN, AND ANGELO J. COPPOLINO, DEFENDANT/COUNTERCLAIMANTS, THIRD PARTY PLAINTIFFS, BRAMBLEWOOD ASSOCIATES, LTD., UNITED CAPITAL SECURITIES, INC., UNITED CAPITAL CORPORATION, UNITED CAPITAL PROPERTIES, INC., UNITED CAPITAL INVESTMENTS, INC., POFF CONSTRUCTION, INC., PCI MANAGEMENT, INC. AND UNIVERSAL CONSTRUCTORS, INC., THIRD PARTY DEFENDANTS, MORTENSON, FLEMING, GRIZZETTI, & BOIKO, THIRD PARTY DEFENDANTS ON CLAIM ASSERTED BY PLAINTIFF BRAMBLEWOOD INVESTORS, LTD.

Superior Court of New Jersey, Law Division Union County.

Decided June 26, 1992.

Attorney(s) appearing for the Case

Frank E. Ferruggia, and Gregory M. Dyer, for plaintiff Bramblewood (McCarter & English attorneys).

Russell L. Hewit, and Daniel R. Lindemann, for defendants/counterclaimants/third party plaintiffs C & G Associates, Robert S. Mortenson, Richard J. Grizzetti, John A. Boiko, Dennis M. Gaito, Kenneth M. Goldmann, & Angelo J. Coppolino (Dughi & Hewit attorneys).

Anthony Malanga, Jr., for third party defendants Bramblewood Associates Ltd., Poff Construction Inc., and PCI Management Inc. (Gaccione, Pomaco & Beck attorneys).

ALLEY, J.S.C.

Plaintiff Bramblewood Investors, Ltd. ("Bramblewood") seeks summary judgment for $67,358.82 as the amount allegedly due and owing on three promissory notes executed by defendant C & G Associates. At relevant times, the individual defendants were partners in C & G. On or about April 17, 1985, Bramblewood offered limited partnership interests pursuant to a Confidential Private Offering Memorandum (sometimes abbreviated as "Memorandum") to raise...

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