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KALOGERAS v. 239 BROAD AVE., L.L.C.

A-42 September Term 2009.

997 A.2d 943 (2010)

202 N.J. 349

Nicholas KALOGERAS, Plaintiff-Respondent, v. 239 BROAD AVENUE, L.L.C., 12 Brinkerhoff, L.L.C., Golden Eagle Diner, Inc., and Golden G, Inc., Defendants-Respondents, and Myinho Hahn and Golden Eagle Management, L.L.C., Intervenors-Appellants.

Supreme Court of New Jersey.

Decided June 16, 2010.

Attorney(s) appearing for the Case

Edward Sun Kiel, Hackensack, argued the cause for appellants (Cole, Schotz, Meisel, Forman & Leonard, P.C., attorneys).

William C. Soukas, Hackensack, argued the cause for respondent Nicholas Kalogeras (Nowell Amoroso Klein Bierman, P.A., attorneys).

Jan Alan Brody, Roseland, argued the cause for respondents 239 Broad Avenue, L.L.C., 12 Brinkerhoff, L.L.C., Golden Eagle Diner, Inc., and Golden G, Inc. (Carella, Byrne, Bain, Gilfillan, Cecchi, Stewart & Olstein, attorneys; Mr. Brody and G. Glennon Troublefield, of counsel and on the brief).

Justice RIVERA-SOTO delivered the opinion of the Court.

After a contested sixteen-day bench trial spanning a period of seven months concerning a $6,500,000 agreement of sale of a diner, this appeal boils down to a single, narrow issue: whether, in the absence of any contractual provision directly on point, the transfer of a liquor license pursuant to a contract for the sale of a business is specifically enforceable. The Chancery court determined that the condition...

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