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COLDWELL BANKER COM. REAL ESTATE SERV. v. WILSON

Civ. A. No. 85-2307.

700 F.Supp. 1340 (1988)

COLDWELL BANKER COMMERCIAL REAL ESTATE SERVICES, A DIVISION OF COLDWELL BANKER COMMERCIAL GROUP, INC., a Delaware Corporation, Plaintiff, v. Richard D. WILSON; Justin A. Tokarski, Individually and t/a Justin Realty Co.; John G. Troast; Troast Enterprises, a New Jersey Limited Partnership; and Mahoney Troast Construction Corporation, a New Jersey corporation, Defendants.

United States District Court, D. New Jersey.

May 20, 1988.

Attorney(s) appearing for the Case

Lasser, Hochman, Marcus, Guryan & Kuskin, P.C., Roseland, N.J. by Sheppard A. Guryan, for plaintiff.

Uscher, Quiat, Russo & Uscher, P.C., Paramus, N.J. by Arthur Uscher, for defendant Wilson and Tokarski defendants.

Sills, Beck, Cummis, Zuckerman, Radin, Tischman & Epstein, P.C., Newark, N.J. by Jeffrey B. Cahn, for Troast defendants.

OPINION

BARRY, District Judge.

Plaintiff, Coldwell Banker Commercial Real Estate Services ("Coldwell Banker"), brings this action against defendants Richard D. Wilson and Justin A. Tokarski, individually and trading as Justin Realty Co., alleging breach of contract, fraud and misrepresentation.1 On the eve of trial, defendants now move for summary judgment. For the reasons that follow, that motion will be denied in part and granted...

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