CHARLES HART v. MR. B WHOLESALE FENCE, INC.

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-6737-04T56737-04T5

CHARLES HART,

Plaintiff/Cross-Appellant,

v.

MR. B WHOLESALE FENCE, INC.,

Defendant-Appellant/

Cross-Respondent,

and

THE JERSEY WHOLESALE FENCE COMPANY,

INC., and Individually and WILLIAM

LOWERY as Executor of the ESTATE

OF DOLORES LOWERY and Individually,

Defendants-Respondents/

Cross-Appellants,

and

ROY LOWERY, as Representative

of THE JERSEY WHOLESALE FENCE CO.,

INC. and Individually,

Defendant-Respondent.

 
________________________________________________________

Submitted October 18, 2006 - Decided December 18, 2006

Before Judges Winkelstein and Baxter.

On appeal from the Superior Court of New Jersey, Law Division, Mercer County, L-2320-02.

DuBois, Sheehan, Hamilton and Levin, attorneys for appellant-cross-respondent, Mr. B Wholesale Fence, Inc. (Fred J. Levin, on the brief).

Skaar & Finkelstein, attorneys for respondent-cross-appellant, Charles Hart (Steven H. Finkelstein, on the brief).

Gregory Gogo, attorney for respondent-cross-appellants, The Jersey Wholesale Fence Co. Inc., William Lowery, individually and as Executor of the Estate of Dolores Lowery.

PER CURIAM

In this appeal and two cross-appeals, the parties seek a determination as to the disposition of real property located in Ewing Township, owned by defendant Jersey Wholesale Fence Co., Inc., which twice contracted to sell the property, once to plaintiff Charles Hart and once to co-defendant Mr. B Wholesale Fence Co., Inc., the tenant at the time.

Judge Neil H. Shuster's opinion thoroughly analyzes the facts, and reaches proper conclusions of law. The parties' arguments to the contrary are without merit and do not warrant discussion in a written opinion. R. 2:11-3(e) (A) & (E). We affirm substantially for the reasons set forth by Judge Shuster in his comprehensive opinion of July 13, 2005.

 
Affirmed.

(continued)

(continued)

2

A-6737-04T5

December 18, 2006