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NAPORANO ASSOCIATES, L.P. v. B & P BUILDERS

309 N.J. Super. 166 (1998)

NAPORANO ASSOCIATES, L.P., PLAINTIFF/RESPONDENT, v. B & P BUILDERS, DEFENDANT/APPELLANT, v. JEFFREY M. BEIDES AND KORONA BEIDES, EATON, MARK & SANTIAGO, P.A., THIRD PARTY DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 5, 1998.

Attorney(s) appearing for the Case

David M. Hutt, argued the cause for appellant (Hutt & Berkow, attorneys; Mr. Hutt, on the brief).

Jeffrey M. Beides, argued the cause for respondent (Korona, Beides, Eaton, Mark & Santiago, attorneys; Mr. Beides, on the brief).

Before Judges PRESSLER, WALLACE and CARCHMAN.

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

This appeal involves the application of a liquidated damages clause in a contract for the sale of real estate. The Law Division judge granted summary judgment in favor of plaintiff, Naporano Associates, L.P., concluding that defendant, B & P Builders, breached the contract. In a separate hearing on damages, the judge concluded that plaintiff was not limited to the liquidated damages provision in the contract...

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