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KARL'S SALES & SERV., INC. v. GIMBEL BROS., INC.

249 N.J. Super. 487 (1991)

592 A.2d 647

KARL'S SALES AND SERVICE, INC. AND KARL'S APPLIANCE, INC., NEW JERSEY CORPORATIONS, PLAINTIFFS-RESPONDENTS AND CROSS-APPELLANTS, v. GIMBEL BROTHERS, INC., DEFENDANT-APPELLANT AND CROSS-RESPONDENT, AND BATUS, INC. AND BATUS RETAIL INC., DEFENDANTS AND CROSS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 16, 1991.

Attorney(s) appearing for the Case

Michael S. Waters argued the cause for appellant and cross-respondent Gimbel Bros., Inc. and cross-respondents Batus Inc. and Batus Retail Inc. (Carpenter, Bennett & Morrissey, attorneys; John P. Dwyer and Michael S. Waters, of counsel; Stephen F. Payerle, on the brief).

Laurence B. Orloff argued the cause for respondents and cross-appellants Karl's Sales and Service, Inc. and Karl's Appliance, Inc. (Orloff, Lowenbach, Stifelman & Siegel, attorneys; Laurence B. Orloff, of counsel; Laurence B. Orloff and Samuel Feldman, on the brief).

Before Judges MICHELS, BRODY and D'ANNUNZIO.

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

Defendant Gimbel Brothers, Inc. (Gimbel) appeals from a final judgment of the Law Division entered following a bench trial that awarded plaintiff Karl's Sales and Service, Inc. damages in the amount of $850,000 based on a claim of breach of contract. Karl's Sales and Service, Inc. plaintiff and Karl's Appliance, Inc. (which we shall hereinafter collectively...

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