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DAVIS v. DND/FIDOREO, INC.

721 A.2d 312 (1998)

317 N.J. Super. 92

John L. DAVIS, Plaintiff-Respondent, v. DND/FIDOREO, INC. and Surrey Downs/Fidoreo, Inc., Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided December 24, 1998.

Attorney(s) appearing for the Case

Stuart J. Glick, Newark, for defendants-appellants (Sills, Cummis, Zuckerman, Radin, Tischman, Epstein & Gross, attorneys; Mr. Glick, of counsel; Donna Libretti Cooke and Daniel P. Silberstein, Roseland, on the brief).

Carol S. Harding, Westmont, for plaintiff-respondent (Earp, Cohn & Pendery, attorneys; Ms. Harding and Anne C. Singer, on the brief).

Before Judges KEEFE, EICHEN, and COBURN.

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

Davis agreed to purchase a condominium development for $1,370,000 and paid a deposit of $137,000. After Davis failed to close title, the deposit was retained, pursuant to the contract, as liquidated damages. Over two years later, Davis filed suit for return of the deposit. A sheriff's officer served defendants by giving copies of the summons and complaint to an assistant manager of the First Union National Bank...

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