WOODMERE ASSOCIATES v. MENK CORP.


720 A.2d 386 (1998)

316 N.J. Super. 306

K. WOODMERE ASSOCIATES, L.P. and Kaplan At Toms River, Inc., Plaintiffs-Appellants, v. MENK CORPORATION, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided November 12, 1998.


Attorney(s) appearing for the Case

Ronald S. Blumstein, for plaintiffs-appellants (Scott F. Jamieson and Mr. Blumstein, on the brief).

Dennis J. Cantoli, Point Pleasant Beach, for defendant-respondent (Sinn, Fitzsimmons, Cantoli, West & Pardes, attorneys; Mr. Cantoli, on the brief).

Before Judges KING, NEWMAN and FALL.


The opinion of the court was delivered by FALL, J.S.C. (temporarily assigned).

In this declaratory judgment appeal, we consider the novel issue of competing claims by present and prior property owners to cash performance bonds posted by the prior owner pursuant to municipal approvals for development of that property. After a non-jury trial, the judge ruled in favor of the current property owner, determining the "as is" quitclaim...

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