LOBIONDO v. O'CALLAGHAN


815 A.2d 1013 (2003)

357 N.J. Super. 488

James LOBIONDO, Plaintiff-Respondent, v. Liam O'CALLAGHAN, Defendant-Appellant, and John Mulheren, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided February 19, 2003.


Attorney(s) appearing for the Case

Paul H. Schneider, Middletown, argued the cause for appellant (Giordano, Halleran & Ciesla, attorneys; Mr. Schneider, on the brief).

Thomas J. Hirsch, Ocean, argued the cause for respondent.

Before Judges WEFING, WECKER and FUENTES.


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

Defendant, Liam O'Callaghan, appeals from a judgment granting specific performance to plaintiff, James LoBiondo. We reverse and remand for entry of judgment in favor of defendant.

I.

O'Callaghan and his wife, Robin, together own a house located at 850 Ocean Avenue in Sea Bright. The property is across the street from the ocean and the rear abuts the...

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