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BARRY v. ARROW PONTIAC, INC.

100 N.J. 57 (1985)

494 A.2d 804

JAMES S. BARRY, JR., DIRECTOR OF CONSUMER AFFAIRS, RESPONDENT, v. ARROW PONTIAC, INC., A CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF NEW JERSEY, APPELLANT.

The Supreme Court of New Jersey.

Decided July 18, 1985.

Attorney(s) appearing for the Case

Eric L. Chase argued the cause for appellant (Margolis, Chase, Kosicki, Aboyoun & Hartman, attorneys; Eric L. Chase and Genevieve K. LaRobardier, on the briefs).

Alan S. Pralgever, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel).

The opinion of the Court was delivered by GARIBALDI, J.

This appeal concerns alleged violations by Arrow Pontiac, Inc. (Arrow) of the Consumer Fraud Act, N.J.S.A. 56:8-1 through -38, and in particular the implementing regulation, N.J.A.C. 13:45A-2.2(a)7iv, which makes unlawful

[t]he use in any advertisement of a comparison to the dealer's cost or inventory price.

The critical issue here is whether there is sufficient credible evidence...

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