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

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION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 ...


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