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DAVIN, L.L.C. v. DAHAM

746 A.2d 1034 (2000)

329 N.J. Super. 54

DAVIN, L.L.C., a New Jersey Limited Liability Company, Plaintiff-Appellant, v. Ahmad DAHAM and Mohammad Issa Hamid, Defendants/Third Party Plaintiffs-Respondents/Appellants, v. William J. Kress, Jr, and Maryann Kress, h/w; Franklin Seafood, Inc.; Steven Nacca; Murphy Realty-Better Homes & Gardens; Stern, Lavinthal, Norgaard & Daly; Davin Corp.; Vincent Locurcio; Vincent Locurcio, Jr.; Vincent Locurcio, III; Valley National Bank; Thomas Infusino; Nutley Shoprite; New Jersey Economic Development Authority, jointly, severally and individually, Third-Party Defendants. and Robert Jaffe, Esq.; Donald C. Goins, Esq.; Goins and Goins, Third Party Defendants/Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 6, 2000.

Attorney(s) appearing for the Case

Anthony F. Malanga, Jr., Bellville, for plaintiff-appellant Davin, L.L.C. in A-6535-97T3 (Gaccione, Pomaco & Beck, attorneys; Mr. Malanga, of counsel and on the brief).

Howard D. Spialter, Union, for defendants/third party plaintiffs-respondents/appellants Ahmad Daham and Mohammad Issa Hamid in A-6636-97T3 and respondents Ahmad Daham and Mohammad Issa Hamid in A-6535-97T3 (Mr. Spialter, of counsel and on the brief).

John C. Kennedy, West Orange, for third party defendant/respondent Robert Jaffe in A-6636-97T3 (O'Donnell, Kennedy, Vespole & Piechta, attorneys; Mr. Kennedy, of counsel and on the brief).

John O. Goins, Union, for third party defendants/respondents Donald C. Goins and Goins and Goins in A-6636-97T3 (Mr. Goins, on the brief).

Before Judges KESTIN, WEFING and STEINBERG.

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

These inter-related appeals arise out of a common transaction and were argued together. We therefore consolidate them for the purposes of this opinion. In A-6535-97, plaintiff Davin, L.L.C. sought to eject defendants Ahmad Daham and Mohammad Issa Hamid from the property that is the subject of this dispute. It appeals from the denial of its motion for summary judgment...

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