POMERANTZ PAPER v. NEW COMM. CORP.

A-41/42 September Term 2010, 066531.

25 A.3d 221 (2011)

207 N.J. 344

POMERANTZ PAPER CORPORATION, Plaintiff-Appellant and Cross-Respondent, v. NEW COMMUNITY CORPORATION, New Community Homes Association, Ltd., New Community Senior Citizen Housing Corp., New Community Housing Development, Inc., New Community Roseville Corp., New Community Manor Housing Corp., New Community Commons Housing Corp., New Community Harmony House Corp., and New Community Workforce Development Center, Defendants-Respondents and Cross-Appellants.

Supreme Court of New Jersey.

Decided July 25, 2011.


Attorney(s) appearing for the Case

Steven I. Adler , Hackensack, argued the cause for appellants and cross respondents (Cole, Schotz, Meisel, Forman & Leonard, attorneys; Mr. Adler and Jan Meyer , Teaneck, of counsel; Mr. Adler, Ms. Meyer and Wendy F. Klein , Hackensack, on the briefs).

Timothy K. Saia , Livingston, argued the cause for respondent and cross appellant ( Morgan Melhuish Abrutyn , attorneys).


Justice HOENS delivered the opinion of the Court.

This appeal began as a dispute between two corporations that had been doing business with each other for more than fifteen years. At the outset, it was a rather ordinary claim by one, a seller, that the other, a buyer, had failed to pay for goods and supplies that had been sold and delivered, and it therefore was commenced as a book account. The matter became far more complicated, however, when the buyer interposed...

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