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POBLETTE v. TOWNE OF SMITHVILLE

809 A.2d 178 (2002)

355 N.J. Super. 55

Peter POBLETTE and Elizabeth Poblette, his wife, Michael Cool and Merryl Cool, his wife, Ronald Riccio and Annette Riccio, his wife, Dominic Dellaventura and Eileen Dellaventura, his wife, and James T. Luttes, Plaintiffs-Respondents, v. TOWNE OF HISTORIC SMITHVILLE COMMUNITY ASSOCIATION, INC., A NEW JERSEY CORPORATION, AND ROSELAND MANAGEMENT CO., INC., Defendants-Appellants, and Mid-Atlantic Corporation, a New Jersey Corporation, and Starebare Associates, L.P., James Cox, Domenick Collela, Sandi Grimmie, Phil Kraus, Anthony Coppola, and Bruce Schmilowitz, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided November 12, 2002.

Attorney(s) appearing for the Case

Davis S. Florig argued the cause for appellants (Florig and Dolich, attorneys; Michael Dolich and Mr. Florig, on the brief).

Walter T. Wolfe argued the cause for respondents (Owens & Wolf, attorneys; Joseph C. Weiss, of counsel and on the brief).

Before Judges KESTIN, FALL and WEISSBARD.

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

Defendants, Towne of Historic Smithville Community Association, Inc. (the Association) and Roseland Management Co., Inc., (Roseland) appeal from a judgment in the amount of $327,000 plus prejudgment interest, in favor of plaintiffs Peter and Elizabeth Poblette, Michael and Merryl Cool, Ronald and Annette Riccio, Dominic and Eileen Dellaventura, and James T. Luttes...

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