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CANTOR v. SUNSHINE GREENERY, INC.

165 N.J. Super. 411 (1979)

398 A.2d 571

EDWARD A. CANTOR AND LEO MASIN, PARTNERS, PLAINTIFFS-RESPONDENTS, v. SUNSHINE GREENERY, INC., A NEW JERSEY CORPORATION, DEFENDANT, AND WILLIAM J. BRUNETTI, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 30, 1979.

Attorney(s) appearing for the Case

Mr. Robert A. Bernstein argued the cause for appellant William J. Brunetti (Messrs. Bernstein & Mahoney, attorneys).

Mr. Daniel J. O'Hara, Jr. argued the cause for respondents Edward A. Cantor and Leo Masin (Messrs. Farer & Krueger, attorneys).

Before Judges MICHELS and LARNER.

The opinion of the court was delivered by LARNER, J.A.D.

This appeal involves the propriety of a personal judgment against defendant William J. Brunetti for the breach of a lease between plaintiffs and a corporate entity known as Sunshine Greenery, Inc., and more particularly whether there was a de facto corporation in existence at the time of the execution of the lease.

Plaintiffs brought suit for damages for the breach of the lease against Sunshine...

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