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MARIONI v. 94 BROADWAY, INC.

866 A.2d 208 (2005)

374 N.J. Super. 588

Joseph MARIONI, Plaintiff-Appellant, v. 94 BROADWAY, INC., a New Jersey corporation and John Lindner, Defendants-Respondents, and Roxy Garments Delivery Co., Inc., a/k/a Roxy Garment Delivery Co., Inc., a New Jersey corporation, Bert Miller, Joel Heier, John J. Cummings, Anthony J. Davis, and Cummings & Davis, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided February 8, 2005.

Attorney(s) appearing for the Case

John J. Curley argued the cause for appellant (John J. Curley, LLC, attorneys; Mr. Curley, of counsel; Jennifer J. Bogdanski, on the brief).

James P. Rhatican, Roseland, argued the cause for respondents (Connell Foley, LLP, attorneys; Francis E. Schiller, of counsel; Mr. Rhatican and Susan L. Christie, on the brief).

Before Judges WEFING, FALL and C.S. FISHER.

The opinion of the court was delivered by

FISHER, J.A.D.

By way of this action, plaintiff Joseph Marioni sought specific performance of his contract to purchase property from defendant Roxy Garment Delivery Co., Inc. (Roxy). We agree with his argument that the Chancery judge erred in granting summary judgment dismissing his equitable claims (1) because of questions of fact concerning the propriety of Roxy's attempt...

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