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PEARSON v. DMH 2 LTD. LIAB. CO.

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155 A.3d 17 (2016)

449 N.J. Super. 30

Jessica PEARSON, John T. McEvoy, Mary Purcell, John S. Foster, Jr., Elizabeth K. Foster, Steven David Shorten, Elizabeth Jessie Shorten, Sharon Olson, Janet O. Marangi, Terrance Moore, Kim Shafer, Ethan Barshay, Sandra Krouse, Rebekah Radisch, Deborah L. Radisch and Ingrid Elizabeth Ewertz Whaley, Plaintiffs, v. DMH 2 LIMITED LIABILITY COMPANY, Defendant.

Superior Court of New Jersey, Chancery Division, Essex County.

Decided: August 16, 2016.

Attorney(s) appearing for the Case

Steven R. Tombalakian, Esq. for plaintiff (Weiner Lesniak LLP, attorneys).

Michael D. Malloy, Esq. , Russell M. Finestein, Esq. for defendant (Finestein & Malloy, LLC, attorneys).

INTRODUCTION:

This matter comes to the court by way of motion and cross-motion for summary judgment. These motions require the court to determine whether a restrictive covenant prohibiting commercial use, recorded in the chain of title to 200 Bloomfield Avenue, Verona, New Jersey is enforceable...

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