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PRINCETON HEALTHCARE v. NETSMART

No. A-3533-10T4.

29 A.3d 361 (2011)

422 N.J. Super. 467

PRINCETON HEALTHCARE SYSTEM, Plaintiff-Respondent, v. NETSMART NEW YORK, INC., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided October 21, 2011.

Attorney(s) appearing for the Case

Robert J. Donaher argued the cause for appellant (Walder, Hayden & Brogan, attorneys; Mr. Donaher , of counsel and on the briefs; Thomas J. Spies , Roseland, of counsel).

Patrick J. Dwyer argued the cause for respondent (Smith, Stratton, Wise, Heher & Brennan, attorneys; Mr. Dwyer and Thomas E. Hastings , of counsel and on the brief; William H. Hofmann , Princeton, on the brief).

Before Judges GRALL, ALVAREZ and SKILLMAN.

The opinion of the court was delivered by

SKILLMAN, J.A.D. (retired and temporarily assigned on recall).

This appeal requires us to consider the applicability of the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20, to a negotiated contract between corporations for the installation and implementation of a complex computer software system. We conclude that such a contract does not constitute a "sale of merchandise" as defined in the CFA and therefore...

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