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KAYE v. ROSEFIELDE

Docket No. A-1120-07T1

75 A.3d 1168 (2013)

432 N.J. Super. 421

Bruce KAYE, Individually and as Trustee of the Bruce Kaye Revocable Trust and the Bruce Kaye Dynasty Trust, Jason Kaye, Flagship Resort Development Corporation, First Resorts Management Company, Inc., Atlantic Palace Development, LLC, and LA Sammana Ventures, LLC, Plaintiffs-Respondents/Cross-Appellants, v. Alan P. ROSEFIELDE, Plumrose Company, Inc., and Rose Associates, Inc. of Miami, Defendants/Third-Party Plaintiffs-Appellants/Cross-Respondents, and LA Sammana Management, LLC, and BA Management, LLC Defendants, v. Deborah Kaye and 2000 Bruce Kaye Dynasty Trust, Third-Party Defendants, and Howard Alter, Susan Tunney, Michael Valenti, Ronnie Stransky, Kenneth Wolfe, and Dennis Richard, Third-Party Defendants/Respondents.

Superior Court of New Jersey, Appellate Division.

Decided August 16, 2013.

Attorney(s) appearing for the Case

Steven J. Fram argued the cause for appellants/cross-respondents (Archer & Greiner, and Marshall, Dennehey, Warner, Coleman & Goggin, attorneys; Mr. Fram and John L. Simm , of counsel; Mr. Fram, John C. Connell , and Benjamin D. Morgan , Haddonfield, on the brief).

Edwin J. Jacobs, Jr. , argued the cause for respondents/cross-appellants (Jacobs & Barbone, attorneys; Mr. Jacobs, Louis M. Barbone , and Stephen F. Funk , Atlantic City, on the brief).

Zucker Steinberg Sonstein & Wixted , P.C., attorneys for respondents Susan Tunney, Howard Alter, Ronnie Stransky, and Michael Valenti, join in the brief of respondent/cross-appellant, Bruce Kaye.

Before Judges FUENTES, GRAVES, and HARRIS.

The opinion of the court was delivered by

FUENTES, P.J.A.D.

This case has been besieged by an inordinate amount of complications, some inherent to the issues raised by the parties, others created by a series of unfortunate and misguided decisions of the first judge who presided over the case. We are compelled to address some of the root causes of these problems to adequately review and resolve the legal issues raised by the parties in this appeal. While going...

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