February 13, 2008
BLUE & GOLD DEVELOPMENT GROUP, INC., PLAINTIFF-APPELLANT,
DTH 15 LLC AND ARTHUR ROBINSON, DEFENDANTS/THIRD PARTY PLAINTIFFS-RESPONDENTS,
ROBERT HAVASY, THIRD PARTY DEFENDANT.
On appeal from the Superior Court of New Jersey, Law Division, Sussex County, L-52-06.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION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:
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.
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.
SUMMARY JUDGMENT MUST BE REVERSED AS TO BLUE & GOLD'S CLAIM THAT DTH BREACHED THE COVENANT OF GOOD FAITH AND FAIR DEALING.
THE COURT IMPROPERLY RELIED ON THE ABANDONED IMPRACTICABILITY ARGUMENT IN GRANTING SUMMARY JUDGMENT.
SUMMARY JUDGMENT AS TO THE TORTIOUS INTERFERENCE CLAIM MUST BE REVERSED.
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.
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