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Blue & Gold Development Group, Inc. v. DTH 15 LLC

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


February 13, 2008

BLUE & GOLD DEVELOPMENT GROUP, INC., PLAINTIFF-APPELLANT,
v.
DTH 15 LLC AND ARTHUR ROBINSON, DEFENDANTS/THIRD PARTY PLAINTIFFS-RESPONDENTS,
v.
ROBERT HAVASY, THIRD PARTY DEFENDANT.

On appeal from the Superior Court of New Jersey, Law Division, Sussex County, L-52-06.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued January 29, 2008

Before Judges Coburn and Grall.

This action for breach of contract arose from a real estate contract providing for the sale of a commercial property. Defendants obtained summary judgment and plaintiff appeals, offering the following arguments:

POINT I

WHETHER THE TIME-OF-THE-ESSENCE DATE SET BY DTH WAS REASONABLE IS NOT A QUESTION OF FACT FOR THE JURY, AND NOT FOR THE COURT ON A SUMMARY JUDGMENT MOTION, THEREFORE REQUIRING REVERSAL.

POINT II

DEFENDANT CORRECTLY CONCEDES THAT IF THE TIME-OF-THE-ESSENCE NOTICE WAS UNREASONABLE, THEN THE CONTACT WAS BREACHED ON ITS SUBSEQUENT CANCELLATION, WHICH IS THE CASE HERE.

POINT III

SUMMARY JUDGMENT MUST BE REVERSED AS TO BLUE & GOLD'S CLAIM THAT DTH BREACHED THE COVENANT OF GOOD FAITH AND FAIR DEALING.

POINT IV

THE COURT IMPROPERLY RELIED ON THE ABANDONED IMPRACTICABILITY ARGUMENT IN GRANTING SUMMARY JUDGMENT.

POINT V

SUMMARY JUDGMENT AS TO THE TORTIOUS INTERFERENCE CLAIM MUST BE REVERSED.

POINT VI

HUBNER'S PROPOSED REASONABLE CLOSING DATE WAS NOT INDEFINITE.

After carefully considering the record, briefs, and oral argument, we are satisfied that all of plaintiff's arguments are without sufficient merit to warrant discussion in a written opinion, R. 2:11-3(e)(1)(E), and we affirm substantially for the reasons expressed by Judge Farber in his thorough and well- reasoned oral and written opinions.

Affirmed.

20080213

© 1992-2008 VersusLaw Inc.



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