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GAGLIA v. KIRCHNER

721 A.2d 1028 (1999)

Charles A. GAGLIA, Jr., Plaintiff-Appellant, v. Robert P. KIRCHNER, and Rosemary Kirchner, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided January 14, 1999.

Attorney(s) appearing for the Case

Robert G. Rose, Morristown, for plaintiff-appellant (Pitney, Hardin, Kipp & Szuch, attorneys: Mr. Rose and Paul J. Halasz, on the brief).

Mark S. Haubenstock, Wayne, for defendants-respondents.

Before Judges PRESSLER, BROCHIN and KLEINER.

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

Plaintiff Charles A. Gaglia contracted with defendants Robert P. Kirchner and Rosemary Kirchner to buy their house. Before the sale had been consummated, defendants contended that the contract had been rescinded pursuant to its attorney review clause, see N.J.A.C. 11:5-6.2, and they contracted to sell the house to another buyer.

Mr. Gaglia sued for specific enforcement or, alternatively, damages...

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