MARIONI v. 94 BROADWAY, INC. et al. A-1492-09T3 12-9-10
In a prior appeal, the court reversed the denial of plaintiff's application for specific performance and remanded for an adjustment of the compensation to be paid by plaintiff to regain the property -- a task complicated by the fact that the interloping purchaser had substantially renovated and leased the property. Marioni v. 94 Broadway, Inc., 374 N.J. Super. 588 (App. Div.), certif. denied, 183 N.J. 581 (2005). The Chancery judge thereafter conducted a hearing to determine how best to "reassemble Humpty Dumpty," id. at 622, and fixed the compensation due from plaintiff to the interloping purchaser. The court reversed because the trial judge's final adjustment required plaintiff to pay an entrepreneurial profit inconsistent with the interloper's position as a constructive trustee.
