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MARIONI v. ROXY GARMENTS DELIVERY

Docket No. A-1492-09T3

9 A.3d 607 (2010)

417 N.J. Super. 269

Joseph MARIONI, Plaintiff-Appellant/Cross-Respondent, v. ROXY GARMENTS DELIVERY CO., INC. a/k/a Roxy Garments Delivery Co.; Bert Miller; Joel Heier; John Lindner; John J. Cummings; Anthony J. Davis; Cummings & Davis; Sylvan Learning Systems, Inc., a Maryland corporation; Sylvan Learning Centers, LLC, a Delaware limited liability company; Catapult Learning LLC, a Delaware limited liability company; and M & H Consulting Corp., a Florida corporation, Defendants, and 94 Broadway, Inc., a New Jersey Corporation, Defendant-Respondent/Cross-Appellant. and 94 Broadway, Inc., and John Lindner, Third-Party Plaintiffs, v. Roxy Garments Delivery Co., Inc. a/k/a Roxy Garments Delivery Co.; Estate of Bert Miller; Joel Heier; John J. Cummings; Anthony J. Davis; Cummings & Davis; and General Land Abstract Company, Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided December 9, 2010.

Attorney(s) appearing for the Case

John J. Curley argued the cause for appellant/cross-respondent (John J. Curley, LLC, attorneys; Mr. Curley, of counsel; Jennifer J. Bogdanski , Jersey City, on the brief).

James P. Rhatican , Roseland, argued the cause for respondent/cross-appellant (Connell Foley, LLP, attorneys; Mr. Rhatican, of counsel and on the brief).

Before Judges FISHER, SIMONELLI and FASCIALE.

The opinion of the court was delivered by

FISHER, J.A.D.

Previously, we reversed the denial of plaintiff's application for specific performance and remanded for an adjustment of the compensation to be paid by plaintiff to regain the property—a task complicated by the fact that the interloping purchaser had substantially renovated and leased the property. We reverse again because the trial judge's final adjustment required plaintiff to pay an entrepreneurial...

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