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GOLFINOPOULOS v. PADULA

218 N.J. Super. 38 (1987)

526 A.2d 1107

STAMATIS GOLFINOPOULOS AND BEATRICE GREENBERG, PLAINTIFFS-APPELLANTS, v. MICHAEL PADULA, PRISCILLA G. WILSON, PHEBE BLACK, DOROTHY VAN ALLER, FIRST FIDELITY BANK, N.A. NEW JERSEY, WILLIAM C. MORAN, JR., ESQ., AND HUFF, MORAN & BALINT, A LAW PARTNERSHIP, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 3, 1987.

Attorney(s) appearing for the Case

Russell W. Annich, Jr. argued the cause for appellants (Carchman, Annich & Sochor, attorneys; Laura M. LeWinn and Russell W. Annich on the brief).

Paul A. DeSarno argued the cause for respondent Michael Padula (Toolan, Abbott, Ziznewski & Hollander, attorneys; Paul A. DeSarno, on the brief).

William C. Moran, Jr. argued the cause for respondents Priscilla G. Wilson, Phebe Black, Dorothy Van Aller and William C. Moran, Jr. (Huff, Moran & Balint, attorneys; William C. Moran, Jr., on the brief).

Dale E. Console argued the cause for respondent First Fidelity Bank of New Jersey (Jamieson, Moore, Peskin & Spicer, attorneys; Dale E. Console, on the brief).

Before Judges FURMAN, DREIER and STERN.

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

Plaintiffs appeal from a Chancery Division summary judgment sustaining defendants' statute of frauds defense to plaintiffs' specific performance claim. Except as to one major point the facts are substantially undisputed. The property which was the subject of the contract in question is the "Gardner Farm," formerly owned by David D. Gardner who died June 2, 1984. Prior litigation concerning the disposition of...

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