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KUHN v. TUMMINELLI

841 A.2d 496 (2004)

366 N.J. Super. 431

Clifford N. KUHN, Jr., and Touch of Class Limousine Service, L.L.C., d/b/a Touch of Elegance Limousine Service, Plaintiffs-Appellants, v. Joseph M. TUMMINELLI, Joanne Tumminelli, Quick Cash, Inc., Chase Manhattan Bank, N.A., First Union National Bank, N.A. (succeeded by Wachovia Bank), and Bank of America Corporation, Defendants-Respondents, and Quick Cash, Inc., Third-Party Plaintiff-Respondent, v. Joseph Tumminelli, Joanne Tumminelli, Chase Manhattan Bank, N.A., First Union National Bank, N.A. (succeeded by Wachovia Bank), and Bank of America Corporation, Third-Party Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided February 11, 2004.

Attorney(s) appearing for the Case

David B. Rubin, Metuchen, argued the cause for appellants.

Glenn C. Slavin, argued the cause for respondent Quick Cash, Inc. (Slavin & Morse, attorneys; Mr. Slavin, on the brief).

Jodi L. Rosenberg, Woodbridge, argued the cause for respondents Wachovia Bank and Bank of America (Greenbaum, Rowe, Smith, Ravin, Davis & Himmel, attorneys; Ms. Rosenberg, on the brief).

Marguerite M. Schaffer, Bernardsville, argued the cause for respondent J.P. Morgan Chase Bank (Shain, Schaffer & Rafanello, attorneys; Ms. Schaffer, on the brief).

Before Judges STERN, A.A. RODRÍGUEZ and LEFELT.

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

Plaintiff Clifford Kuhn, Jr., a practicing attorney, and defendant Joseph Tumminelli formed Touch of Class Limousine Service under the New Jersey Limited Liability Company Act, N.J.S.A. 42:2B-1 to -70, doing business as Touch of Elegance Limousine Service. The parties orally agreed that Kuhn would provide the financial backing and procure customers, and Tumminelli...

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