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MONOGRAM CRED. CARD BANK OF GEORGIA v. TENNESEN

914 A.2d 847 (2007)

390 N.J. Super. 123

MONOGRAM CREDIT CARD BANK OF GEORGIA, Plaintiff, v. Robert C. TENNESEN, Defendant/Third-Party Plaintiff-Respondent, v. Sleepy's Inc. and 1-800 Sleepy's, Inc., Third-Party Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided January 23, 2007.

Attorney(s) appearing for the Case

Donald A. Beshada, Florham Park, argued the cause for appellants (Drinker, Biddle & Reath, attorneys; Mr. Beshada, on the brief).

Michael N. Beukas, argued the cause for respondent (Fuhro, Hanley & Beukas, attorneys; Mr. Beukas, of counsel and on the brief; Matthew Coppolecchia, on the brief).

Before Judges COLLESTER, SABATINO and MESSANO.

The opinion of the court was delivered by

MESSANO, J.S.C. (temporarily assigned).

Third-party defendants, Sleepy's, Inc. and 1-800-Sleepy's, Inc. (Sleepy's), appeal the trial court's judgment of $6,000 in damages and $23,102.27 in counsel fees awarded under the Consumer Fraud Act, N.J.S.A. 56:8-1 to -20 (the CFA). Sleepy's contends there was insufficient evidence to demonstrate it withheld warranty information or otherwise committed an "unconscionable...

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