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NOHE v. ROBLYN DEVELOPMENT CORP.

296 N.J. Super. 172 (1997)

MICHAEL NOHE AND JANN NOHE, PLAINTIFFS-RESPONDENTS, v. ROBLYN DEVELOPMENT CORP., MERRICK B. WILSON AND SUSAN B. WILSON, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 2, 1997.

Attorney(s) appearing for the Case

Martin K. Indik argued the cause for appellants (Indik and McNamara, attorneys; Mr. Indik and Carl Dallarda, on the brief).

Jeffrey L. Shanaberger argued the cause for respondents (Hill Wallack, attorneys; Mr. Shanaberger, on the brief).

Before Judges MICHELS, KLEINER and COBURN.

The opinion of the court was delivered by COBURN, J.S.C. (Temporarily Assigned).

This is an action on a contract for the sale of residential property between a corporate developer and consumers. The contract included a liquidated damages clause which, if enforceable, would permit the seller to retain a deposit of $79,027.40. The matter was decided below in favor of plaintiffs on a motion for summary judgment. The Wilson...

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