October 1, 2010
CASA BLANCA DEVELOPMENT, INC., PLAINTIFF-RESPONDENT,
ALFRED APPELLO, JR., DEFENDANT-APPELLANT.
On appeal from the Superior Court of New Jersey, Law Division, Hudson County, Docket No. L-214-09.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted: September 22, 2010
Before Judges Cuff and Simonelli.
Plaintiff Casa Blanca Development, Inc. and defendant Alfred Appello, Jr., entered a contract for the sale of real estate in North Bergen. When defendant failed to clear various title defects and encumbrances, including production of a deed from the Town of North Bergen to him for a portion of the property to be conveyed, plaintiff declared a default and demanded the return of its deposit. Defendant failed to do so, and plaintiff filed a complaint seeking return of the deposit and costs expended in anticipation of the closing. Defendant appeals from an order granting summary judgment in favor of plaintiff and an order denying his motion for reconsideration.
Following review of the record in its entirety, we conclude that the arguments presented by defendant are without sufficient merit to warrant discussion in a written opinion. R. 2:11- 3(e)(1)(E).
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