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KARO MARKETING v. PLAYDROME AMERICA

752 A.2d 341 (2000)

331 N.J. Super. 430

KARO MARKETING CORPORATION, INC., Plaintiff-Appellant, v. PLAYDROME AMERICA, Playdrome Recreational Centers, Inc., Playdrex, Inc., Playsuper, Inc., Playbrad, Inc., Playbird, Inc., Playdrome Hightstown, Playdrome Deptford, Inc., Finnigans Deptford, Inc., Playdrome Woodbury, Inc., Playdrome Glassboro, Inc., Playdrome Burlington, Inc., Finnigans Restaurant Corp., John Izdebski, Byron Kotzas, Dave Wallach, Dave Wintrode, Eleanor Idzebski, Judith Carluccio, Mark Kotzas, John A. Izdebski, Valter Must, Esq., Rothstein, Mandell, Strohm & Must, Esqs., River Avenue Management, Daniel Carluccio, Esq., Mike Little, Donna Rein and Gary Weiner, Affiliated Real Estate, Playdrome New Jersey Limited Partnership, Playdrome West Jersey Assoc., Playdrome Burlington Assoc., New Jersey Limited Partnerships, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 12, 2000.

Attorney(s) appearing for the Case

Warshaw & Barnes, Red Bank, for plaintiff-appellant (Michael T. Warshaw, of counsel and on the brief).

Lebensfeld Borker & Sussman, Red Bank, for all defendants-respondents except Valter H. Must and Rothstein, Mandell, Strohm, Must & Gertner (Alan M. Lebensfeld, of counsel; Lawrence J. Sharon, on the brief).

Defendants-respondents Rothstein, Mandell, Strohm, Must & Gertner and Valter H. Must, filed pro se brief (Mr. Must, on the brief).

Before Judges PRESSLER, CIANCIA and ARNOLD.

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

Plaintiff Karo Marketing Corporation, Inc., appeals the dismissal of its suit to collect on a prior judgment. We now reverse that dismissal and reinstate plaintiff's complaint.

This appeal presents questions of when the actions of judgment debtors and those who control them, cross the line from legitimate business tactics into the area of creditor fraud. The genesis of the litigation was a contract...

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