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Kitchen King, Inc. v. Scisco

Superior Court of New Jersey, Appellate Division

October 23, 2013

KITCHEN KING, INC., Plaintiff-Appellant,
v.
JAMES SCISCO and TAMMY SCISCO, Defendants-Respondents.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 12, 2013

On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Docket No. L-50-09.

Whiteman Law Group, LLC, attorneys for appellant (Brian L. Whiteman, on the brief).

Lueddeke Law Firm, attorneys for respondents (Karri Lueddeke, on the brief).

Before Hayden and Hoffman Judges.

OPINION

HAYDEN, J.A.D.

Plaintiff Kitchen King, Inc., appeals from a judgment awarding defendants James Scisco and Tammy Scisco compensatory damages, interest, and counsel fees for breach of a settlement agreement entered in a civil suit. Having reviewed the record in light of the applicable legal principles, we affirm.

We discern the following facts from the record. On October 22, 2006, defendants entered into a contract with plaintiff to purchase new kitchen cabinets, made by Jim Bishop Cabinets, Inc. (manufacturer), for $14, 050. Defendants gave plaintiff a $7000 deposit. When the cabinets were delivered on July 5, 2007, defendants paid the remaining balance of $7050.26. Thereafter, upon inspecting the delivered cabinets, James discovered that the stain had been sanded off the edges and corners of all of the cabinets to varying degrees, one cabinet door was cracked, and some of the cabinet molding had not been stained. Defendants immediately stopped payment on the check and sent plaintiff a letter describing the alleged defects.

On September 10, 2007, plaintiff filed a Construction Lien Claim for $7050.26 against defendants' property. On January 30, 2008, plaintiff filed a complaint in the Special Civil Part seeking the balance owed under the contract.

Defendants filed an answer on March 17, 2008, indicating that "[t]he goods or services received were defective." In a counter suit, defendants sought $5533, plus delivery of a new cabinet door and two new cabinets.

After negotiations, the parties reached a settlement agreement, filed with the court on April 29, 2008, which provided in part that:

2. No later than Thursday, April 24, 2008, defendant[s] shall pay plaintiff . . . ($7374.74) via ...

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