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P.F.I., INC. v. KULIS

832 A.2d 931 (2003)

363 N.J. Super. 292

P.F.I., INC., d/b/a Northwest Petroleum, Plaintiff-Respondent/Cross-Appellant, v. Nadezda KULIS, individually and T/A Dan's Texaco; The Estate of Danilo Kulis, Individually and T/A Dan's Texaco, jointly and individually, Defendant-Appellant/Cross-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided October 10, 2003.

Attorney(s) appearing for the Case

Nicholas Albano, III, Caldwell, argued the cause for appellant (Nicholas Albano, Jr., attorney; Nicholas Albano, III, of counsel; Nicholas Albano Jr., and Nicholas Albano, III, on the brief).

Colleen M. Cunningham, Monticello, NY, argued the cause for respondent (Lucas & Gaus, attorneys; Janet C. Lucas, on the brief).

Before Judges KESTIN, AXELRAD, and WINKELSTEIN.

The opinion of the court was delivered by AXELRAD, J.T.C. (temporarily assigned).

Defendant, Nadezda Kulis, appeals a judgment for plaintiff, P.F.I., Inc., on a contract claim, following a bench trial. She argues the claim is barred by the statute of limitations; the death of her husband, Danilo Kulis, made the contract commercially impracticable; and the court erred in awarding lost profits. Plaintiff cross-appeals the court's denial of pre-judgment interest. We...

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