MAZZA v. SCOLERI


304 N.J. Super. 555 (1997)

JOSEPH L. MAZZA AND JOAN R. MAZZA, PLAINTIFFS-RESPONDENTS, v. RONALD SCOLERI, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 16, 1997.


Attorney(s) appearing for the Case

Goldenberg, Mackler & Sayegh, attorneys for appellant (Dawn Van Keuren, on the brief).

Cole & Cole, attorneys for respondents (Maurice Y. Cole, Jr., on the brief).

Before Judges PRESSLER, CONLEY and CARCHMAN.


PER CURIAM.

This controversy arises out of a written residential condominium lease, option to purchase, and contract of sale. The disputed question was whether, on the sale of the condominium to a third person, the lessees, plaintiffs Joseph L. and Joan R. Mazza, were entitled to the return of their option payment from the ownerlessor, defendant Ronald Scoleri, in accordance with the parties' asserted subsequent oral agreement. Following a bench trial, Judge Winkelstein...

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