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CYBUL v. ATRIUM PALACE SYNDICATE

272 N.J. Super. 330 (1994)

639 A.2d 1146

DAVID N. CYBUL, MYRON LINDER AND LEILA LINDER, ARTHUR STERN AND ALICE STERN, MERCEDES RUDELLI, PLAINTIFFS-APPELLANTS, v. THE ATRIUM PALACE SYNDICATE, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 21, 1994.

Attorney(s) appearing for the Case

William Pagano argued the cause for appellants (Judith J. Mender, on the brief).

Bruce H. Snyder argued the cause for respondent (Lasser, Hochman, Marcus, Guryan and Kuskin, attorneys; Mr. Snyder, of counsel and on the brief).

Before Judges PRESSLER, DREIER and KLEINER.

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

Plaintiffs appeal from an order of the Law Division confirming an arbitration award and denying their motion for vacation of the award. We reverse.

This controversy arises out of the marketing of condominium units in Fort Lee by defendant The Atrium Palace Syndicate (APS). When APS, despite its having made time of the essence, was unable to close title in accordance with the terms of its contracts...

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