CUSTOM COM. ENG. v. E.F. JOHNSON


269 N.J. Super. 531 (1993)

636 A.2d 80

CUSTOM COMMUNICATIONS ENGINEERING, INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. E.F. JOHNSON COMPANY, A MINNESOTA CORPORATION; TEL-AIR COMMUNICATIONS, INC., A NEW JERSEY CORPORATION; AND JONACH ELECTRONICS, INC., DEFENDANTS-RESPONDENTS, AND WESTERN UNION CORPORATION, A DELAWARE CORPORATION; ROBERT LIBBEY, AN INDIVIDUAL; REILLY RADIO COMMUNICATIONS, A SOLE PROPRIETORSHIP; GLEN REILLY, AN INDIVIDUAL; COMMUNICATIONS SERVICES, INC., A NEW JERSEY CORPORATION; KREEGER ASSOCIATES, A SOLE PROPRIETORSHIP; AND BRUCE KREEGER, AN INDIVIDUAL, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 30, 1993.


Attorney(s) appearing for the Case

Hersh, Ramsey & Berman, P.C., attorneys for appellant (David Scott Mack, on the brief).

Schenck, Price, Smith & King, attorneys for respondents (Michael A. Moroney and Edward W. Ahart, of counsel; M. Sheilah O'Halloran and Paul Weidlich, on the brief).

Before Judges KING, HAVEY and ARIEL A. RODRIGUEZ.


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

The central issue on appeal is whether the four-year statute of limitations under the Uniform Commercial Code (UCC), N.J.S.A. 12A:2-725(1), is applicable to the parties' dealership agreement.

Plaintiff Custom Communications Engineering, Inc. (Custom) appeals from an order for summary judgment dismissing its complaint against defendants E.F. Johnson...

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