ST. GEORGE'S DRAGONS v. NEWPORT REAL ESTATE GROUP, L.L.C.

Nos. A-5779-06T1, A-6115-06T1.

971 A.2d 1087 (2009)

407 N.J. Super. 464

ST. GEORGE'S DRAGONS, L.P., Plaintiff-Respondent/Cross-Appellant, v. NEWPORT REAL ESTATE GROUP, L.L.C., Defendant-Appellant/Cross-Respondent, J. Nazmiyal, Inc., Defendant-Respondent/Cross-Appellant, and Brothers Commercial Brokerage, Inc. and Pivnick Realty Group, Inc., Defendants-Respondents. St. George's Dragons, L.P., Plaintiff-Appellant/Cross-Respondent, v. Newport Real Estate Group, L.L.C., Defendant-Respondent, J. Nazmiyal, Inc., Defendant-Respondent/Cross-Appellant, and Brothers Commercial Brokerage, Inc. and Pivnick Realty Group, Inc., Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 3, 2009.


Attorney(s) appearing for the Case

Alan M. Lebensfeld, Red Bank, argued the cause for appellant/cross-respondent Newport Real Estate Group in A-5779-06T1 and respondent in A-6115-06T1 (Lebensfeld Borker Sussman & Sharon, L.L.P., attorneys; Mr. Lebensfeld and Michele A. Querques, of counsel; Mr. Lebensfeld, on the brief).

Mark A. Slama, New Brunswick, argued the cause appellant/cross-respondent St. George's Dragons in A-6115-06T1 and respondent/cross-appellant in A-5779-06T1 (Windels, Marx, Lane & Mittendorf, L.L.P., attorneys; Mr. Slama and Douglas A. Stevinson, on the brief).

Jay D. Rubenstein and Stuart Reiser, Hackensack, argued the cause for respondent/cross-appellant J. Nazmiyal, Inc. (Shapiro & Croland, attorneys; Bruce J. Ackerman, of counsel; Mr. Rubenstein and Mr. Reiser, on the brief).

John L. Bonello, Long Branch, argued the cause for respondent Brothers Commercial Brokerage, Inc. (Manna & Bonello, attorneys; Mr. Bonello, on the brief).

Himelman & Himelman, Red Bank, for respondent Pivnick Realty Group, Inc., join in the brief of respondent/cross-appellant J. Nazmiyal, Inc.

Before Judges REISNER, SAPP-PETERSON and ALVAREZ.


The opinion of the court was delivered by

REISNER, J.A.D.

These appeals, which we have consolidated for purposes of this opinion, concern a July 5, 2007 order entered by the Chancery Division, following a bench trial. The appeals present the question of whether J. Nazmiyal, Inc., a corporation wholly-owned by Jason Nazmiyal (Nazmiyal1), properly exercised a right of first refusal to purchase a commercial building located at 12...

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