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KAWA v. WAKEFERN FOOD CORP. SHOPRITE SUPERMARKETS, INC.

24 N.J. Tax 39 (2008)

ELIZABETH KAWA, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED, Plaintiffs, v. WAKEFERN FOOD CORPORATION SHOPRITE SUPERMARKETS, INC., BOTTINO'S SUPERMARKET OF WASHINGTON TOWNSHIP, BZBL, INC., BROWN'S SHOPRITE, INC., CLARE'S FOOD MARKET, INC., DELSEA SUPERMARKET'S, INC., EICHOFF'S SUPERMARKET, INC., FOODARAMA SUPERMARKETS, INC., GLASS GARDENS, INC., INSERRA SUPERMARKETS, INC., NEW LINDEN PRICE RITE, INC., PERLMART, INC., RONETCO SUPERMARKET, INC., SHAKOOR SUPERMARKET, INC., SHOPRITE OF CARTERET, INC., SUNRISE SHOPRITE, INC., VILLAGE SUPERMARKETS, INC., Defendants.

Tax Court of New Jersey.

April 3, 2008.

Attorney(s) appearing for the Case

Philip A. Tortoreti for plaintiffs (Tortoreti Tomes & Callahan, P.C., attorneys).

Edward J. Fanning, Jr. and Michael A. Guariglia for defendants (McCarter & English, LLP, attorneys).

MENYUK, J.T.C.

This matter comes before the court on a motion made in lieu of answer pursuant to R. 4:6-2(e), to dismiss the complaint for failure to state a claim upon which relief can be granted. The specific issue raised by the motion is whether a claim made pursuant to the New Jersey Consumer Fraud Act may be maintained against a vendor who is alleged to have collected more sales tax than is required by the Sales and Use Tax Act.

The complaint,...

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