LOMBARDI v. MASSO

No. A-28/29 September Term 2010, 066488.

25 A.3d 1080 (2011)

207 N.J. 517

Debra Ann LOMBARDI, Plaintiff-Respondent, v. Christopher J. MASSO, John M. Torrence, MTG Properties, LLC, Jennifer Lynch, and Prudential Fox & Roach Realtors, Defendants-Appellants, and James Githens and Tara Construction Services, Inc., Defendants.

Supreme Court of New Jersey.

Decided August 26, 2011.


Attorney(s) appearing for the Case

Andrew J. Luca , Mt. Laurel, argued the cause for appellants Jennifer Lynch and Prudential Fox & Roach Realtors (Reger Rizzo & Darnall, attorneys).

Jeffrey P. Resnick argued the cause for appellants Christopher J. Masso, John M. Torrence and MTG Properties, LLC (Sherman, Silverstein, Kohl, Rose & Podolsky, attorneys; Mr. Resnick, Alan C. Milstein and Leily Schoenhaus, Pennsauken, on the brief).

Daury I. Lamarche argued the cause for respondent (Walter T. Wolf, Audubon, attorney; Mr. Lamarche and Mr. Wolf, on the brief).

Carl R. Woodward, III , submitted a brief on behalf of amicus curiae Grow Company, Inc. (Carella, Byrne, Cecchi, Olstein, Brody & Agnello, attorneys; Mr. Woodward and Dennis F. Gleason, Roseland, of counsel; Mr. Woodward, Mr. Gleason and Vincenzo M. Mogavero, on the brief).


Justice LONG delivered the opinion of the Court.

At the center of this appeal is a straightforward legal question: whether the trial judge properly granted summary judgment to the moving defendants in this action for breach of contract, fraud, misrepresentation, and conspiracy, arising out of a real estate transaction. Unfortunately, that legal question emerges out of what can best be characterized as a procedural swamp.

The trial judge granted summary judgment...

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