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KAWA v. WAKEFERN FOOD CORP.

24 N.J. Tax 444 (2009)

ELIZABETH KAWA, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED, Plaintiff-Appellant, v. WAKEFERN FOOD CORPORATION SHOPRITE SUPERMAKETS, INC., BOTTINO'S SUPERMARKET OF WASHINGTON TOWNSHIP, BZBL, INC., BROWN'S SHOPRITE, INC., CLAEE'S FOOD MARKET, INC., DELSEA SUPERMARKET'S, INC., ECHOFF'S SUPERMARKET, INC., FOODARAMA SUPERMARKETS, INC., GLASS GARDENS, INC., INSERRA SUPERMAKETS, INC., NEW LINDEN PRICE RITE, INC., PERLMART, INC., RONETCO SUPERMARKETS, INC., SHAKOOR SUPEMARKET, INC., SHOPRITE OF CARTERET, INC., SUNRISE SHOPRITE, INC., VILLAGE SUPERMARKETS, INC., Defendant-Respondents.

Superior Court of New Jersey, Appellate Division

Decided June 8, 2009.

Attorney(s) appearing for the Case

Frances A. Tomes, argued the cause for appellant (The Tomes Law Firm, P.C., attorneys; Ms. Tomes, of counsel and on the brief).

Edward J. Fanning, Jr., argued the cause for respondents (McCarter & English, attorneys; Mr. Fanning and Michael A Guariglia, of counsel; Mr. Guariglia and Open Weaver Banks, on the brief).

Before Judges AXELRAD, PARRILLO and LIHOTZ.

The opinion of the court was delivered by

AXELRAD, P.J.A.D.

Plaintiff Elizabeth Kawa, for herself and others similarly situated, appeals from summary judgment dismissal of her Consumer Fraud Act class action suit with prejudice for failure to state a claim against defendant supermarkets (collectively Shoprite) for allegedly collecting more sales tax than is required by the Sales and Use Tax Act. She renews the arguments made to the Tax Court. We affirm substantially...

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