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SITOGUM HOLDINGS, INC. v. ROPES

800 A.2d 915 (2002)

352 N.J. Super. 555

SITOGUM HOLDINGS, INC., a Delaware corporation, Plaintiff, v. Phyllis E. ROPES, a/k/a Phyllis Eline Ropes, a/k/a Phyllis Ropes, Defendant, v. Marlene Van Noord; Timothy P. Sullivan, individually; Neil Coles, individually; and John Doe and Jane Doe (the yet unnamed officers and directors of the Plaintiff corporation), Third-party defendants.

Superior Court of New Jersey, Chancery Division, Monmouth County.

March 21, 2002.

Attorney(s) appearing for the Case

Joseph A. Deckhut, Freehold, for plaintiff.

Gerald P. Tyne, for defendant/third party plaintiff, Tyne & Tyne, Bergenfield, Attorneys.

FISHER, P.J.Ch.

The common law doctrine of unconscionability has proved difficult to define and has been rarely invoked undoubtedly because, other than in exceptional cases, it has been largely viewed as grossly interfering with the freedom to contract. Notwithstanding this philosophical discomfort, the surrounding circumstances regarding defendant's desire to sell her property provided fertile ground for, and did in fact result in, a one-sided agreement which this...

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