CAJOECO LLC v. BENSI ENTERPRISES, LLC

No. A-4562-18.

CAJOECO LLC, CAJOECO LLC PROFIT SHARING TRUST, CAJOECO LLC PROFIT SHARING PLAN, JEST TEXTILES, INC., JEST TEXTILES, INC. DEFINED BENEFIT PLAN AND TRUST, NORMAN MAIS, individually, as Trustee, Administrator and/or Beneficiary of Cajoeco LLC Profit Sharing Trust and as Trustee, Administrator and/or Beneficiary of Jest Textiles, Inc. Defined Benefit Plan and Trust, CARMEN MAIS, individually and as Trustee, Administrator and/or Beneficiary of Cajoeco LLC Profit Sharing Trust, Plaintiffs-Appellants/Cross-Respondents, v. BENSI ENTERPRISES, LLC, BENSI OF OLD TAPPAN, LLC, BENSI OF OLD BRIDGE, LLC, BENSI OF HAMILTON, LLC, BENSI RESTAURANT GROUP, INC., BENSI MANAGEMENT ASSOCIATES, LLC, BENSI DEVELOPMENT GROUP LLC, BENSI INC., BENSI OF CLIFTON, LLC, BENSI OF DENVILLE, LLC, BENSI OF ENGLISH VILLAGE, LLC, BENSI OF FLEMINGTON, LLC, BENSI OF GILLETTE, LLC, BENSI OF GLOUCESTER, LLC, BENSI OF HAMPTON, LLC, BENSI OF HASBROUCK HEIGHTS, LLC, BENSI OF HH, LLC, BENSI OF HILLSDALE, INC., BENSI OF MANSFIELD, LLC, BENSI OF NORTH ARLINGTON, INC., CENTANNI RISTORANTE, LLC, BENSI OF PARAMUS PARK, LLC, BENSI OF ROSELAND, LLC, BENSI OF ROXBURY, LLC, BENSI OF WHIPPANY, LLC, SCALOPINI OF WHIPPANY, LLC, BENSI OF WHITEHOUSE STATION, LLC, BENSI OF WYOMISSING, LLC, AJO MANAGEMENT, LLC, TPR RESTAURANT PIZZERIA, INC., JOHN OSSO, individually, as limited liability company member and/or manager, and as shareholder, officer, director, or corporate agent, NANCY OSSO, individually, as limited liability company member and/or manager, and as shareholder, officer, director, or corporate agent, ELSA OSSO, individually, as limited liability company member and/or manager, and as shareholder, officer, director, or corporate agent, JORGE RAMIREZ, individually, as limited liability company member and/or manager, and as shareholder, officer, director, or corporate agent, OSCAR BENITEZ, individually, as limited liability company member and/or manager, and as shareholder, officer, director, or corporate agent, ROBERT DaSILVA, individually, as limited liability company member and/or manager, and as shareholder, officer, director, or corporate agent, JAMES KELLY, individually, as limited liability company member and/or manager, and as shareholder, officer, director, or corporate agent, FRANCESCO BERNARDO, individually, as limited liability company member and/or manager, and as shareholder, officer, director, or corporate agent, DENISE DiMEGLIO, individually, as limited liability company member and/or manager, and as shareholder, officer, director, or corporate agent, Defendants-Respondents, and BENSI OF NORTH BRUNSWICK, LLC, BENSI OF GARWOOD, LLC, RUDY'S OF GARWOOD, LLC, BARBARA BEN-YISHAY, individually, as limited liability company member and/or manager, and as shareholder, officer, director, or corporate agent, MARIO BERNARDO, individually, as limited liability company member and/or manager, and as shareholder, officer, director, or corporate agent, ARI BEN-YISHAY, individually, as limited liability company member and/or manager, and as shareholder, officer, director, or corporate agent, JOSE DARIO FERNANDEZ, individually, as limited liability company member and/or manager, and as shareholder, officer, director, or corporate agent, CLEMENTE OSSO, individually, as limited liability company member and/or manager, and as shareholder, officer, director, or corporate agent, and, RIZZIERO OSSO, individually, as limited liability company member and/or manager, and as shareholder, officer, director, or corporate agent, Defendants-Respondents/Cross-Appellants. ARI BEN-YISHAY, Plaintiff, v. NORMAN MAIS, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided June 17, 2021.


Attorney(s) appearing for the Case

Diktas Gillen, P.C., attorneys for appellants/cross-respondents ( Christos J. Diktas , of counsel; Michael L. Kingman and Christine Gillen , on the briefs).

Sills Cummis & Gross, P.C., attorneys for respondents/cross-appellants Rizziero Osso and Mario Bernardo ( Joseph B. Fiorenzo and Andrew W. Schwartz , of counsel and on the briefs).

Robert G. Ricco , attorney for respondent/cross-appellant Ari Ben-Yishay.

Frederic C. Goetz , attorney for respondent/cross-appellant Clemente Osso.

Before Judges Rothstadt and Mayer.


NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.

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