LoConto, P.J.
Aggrieved by the trial judge's decision, the defendant, Joseph E. Kusiak ("Kusiak"), brought this appeal pursuant to Rule 8C of the District/Municipal Courts Rules for Appellate Division Appeal. The facts necessary for an understanding of the issues, as taken from the settled and approved statement of the facts submitted in accordance with rule 8C(e) are as follows. On or about March 6, 1986, the plaintiff Teddy Bear Pools, Inc. ("Teddy Bear") entered...
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