MALUS v. HAGER


312 N.J. Super. 483 (1998)

RICHARD MALUS AND ROSEMARIE MALUS, PLAINTIFFS-RESPONDENTS, v. KENNETH HAGER AND JEAN HAGER, DEFENDANTS-APPELLANTS, v. RAYMOND A. LAYTHAM, ESQ., DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided June 16, 1998.


Attorney(s) appearing for the Case

E. Richard Kennedy argued the cause for appellants (E. Richard Kennedy, attorneys; Karyn A. Kennedy, of counsel and on the brief).

James Nardelli argued the cause for respondents (Parsons, Cappiello & Nardelli, attorneys; Mr. Nardelli, on the brief).

Before Judges BAIME, WEFING and BRAITHWAITE.


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

Defendants Kenneth and Jean Hager appeal from the trial court's grant of summary judgment in favor of plaintiffs Richard and Rosemarie Malus. We reverse.

The parties executed a contract dated March 3, 1996 under which plaintiffs agreed to purchase the Hagers' home in Tinton Falls, New Jersey for $140,000. Their contract contained a clause for attorney review; both parties were represented by counsel...

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