HORN v. MAZDA MOTOR OF AMERICA


265 N.J. Super. 47 (1993)

625 A.2d 548

ROBERT HORN AND JOHN G. SENECA, PLAINTIFFS-RESPONDENTS, v. MAZDA MOTOR OF AMERICA, INC. AND W.D. GOETZE, INDIVIDUALLY, JOINTLY, SEVERALLY, OR IN THE ALTERNATIVE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 28, 1993.


Attorney(s) appearing for the Case

Job Taylor, III, of the New York Bar, admitted pro hac vice, argued the cause for appellants (Young, Rose, Imbriaco & Burke, attorneys; Mr. Burke, Mr. Taylor, Louise Zeitzew and Lance Suede, on the brief).

Stephen Bernstein argued the cause for respondents (Bivona, Cohen, Kunzman, Coley, Yospin, Bernstein & DiFranceso, attorneys; Mr. Bernstein, on the brief).

Before Judges HAVEY, STERN and BROCHIN.


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

Brunswick Chrysler-Plymouth, Inc. (d/b/a Brunswick Mazda) is an automobile dealership that sold both Chrysler and Mazda automobiles. On April 10, 1990, plaintiffs Robert Horn and John G. Seneca, who owned other automobile dealerships, entered into an agreement with the owner of Brunswick Mazda, Daniel A. Brady, to buy its assets.

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