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Busciglio v. Dellafave

January 29, 2004

FRANCESCA BUSCIGLIO, PLAINTIFF-RESPONDENT,
v.
GRACE DELLAFAVE AND CHRISTOPHER FINN, DEFENDANTS/THIRD-PARTY PLAINTIFFS-APPELLANTS,
v.
ENZO BUSCIGLIO, DOLORES DEPIAZZA, CENTURY 21 EUDAN REALTY, ALDO MERENDINO AND PRUDENTIAL MERENDINO REALTY,*FN1 THIRD-PARTY DEFENDANTS.



On appeal from Superior Court of New Jersey, Chancery Division, Bergen County, Docket No. C-57-01.

Before Judges Kestin, Axelrad and Lario.

The opinion of the court was delivered by: Lario, J.A.D.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued December 10, 2003

Defendants, mother and son, appeal from the trial court's order of May 20, 2002, granting plaintiff summary judgment. The court ordered defendants to specifically perform the contract for the sale of their jointly-owned real estate to plaintiff. We reverse and remand for a plenary trial.

Defendants raise the following issues on appeal:

POINT ONE

THE TRIAL COURT ERRED IN FINDING THAT THE PARTIES HAD CREATED A NEW CONTRACT OF SALE.

A. THE BROKER-PREPARED CONTRACT WAS DISAPPROVED.

B. THE ATTORNEYS DID NOT HAVE AUTHORITY TO BIND THEIR CLIENTS.

C. NO MEETING OF THE MINDS WAS REACHED BY THE PARTIES SUFFICIENT TO FORM A NEW CONTRACT.

POINT TWO

THE TRIAL COURT ERRED IN APPLYING THE STANDARD OF REVIEW ON A MOTION ...


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