539 ABSECON BOULEVARD, L.L.C. v. SHAN ENTERPRISES LIMITED P'SHIP

DOCKET NO. A-2250-06T1.

967 A.2d 845 (2009)

406 N.J. Super. 242

539 ABSECON BOULEVARD, L.L.C., a New Jersey Limited Liability Company, and Bhudev Sharma, Plaintiffs-Respondents/Cross-Appellants, v. SHAN ENTERPRISES LIMITED PARTNERSHIP, a New Jersey Limited Partnership; Suniti Corp., a New Jersey Corporation; Shan Realty Associates, L.P., a New Jersey Limited Partnership; Shan Realty Corp., a New Jersey Corporation; Sunil J. Shah; Nimesh Shah; Swati Shah; Jashvant Shah; and HJS Funding, L.L.C., a New Jersey Limited Liability Company, Defendants-Appellants/Cross-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 26, 2009.


Attorney(s) appearing for the Case

William J. Hughes, Jr., Atlantic City, argued the cause for appellants/cross-respondents (Cooper Levenson April Niedelman & Wagenheim, P.A., attorneys; Mr. Hughes, of counsel; Howard E. Drucks, on the brief).

Andrew J. Kyreakakis, Bloomfield, argued the cause for respondents/cross-appellants.

Before Judges R.B. COLEMAN, SABATINO and SIMONELLI.


The opinion of the court was delivered by

SABATINO, J.A.D.

After a non-jury trial, the Chancery Division ruled that defendants violated the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 to -106 (the "CFA" or "the Act") in their sale to plaintiffs of a motel in Absecon and certain related land. The court awarded plaintiffs treble damages and counsel fees under the CFA, but rejected their separate common-law claims. The court also granted defendants...

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