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Gaglia v. Kirchner: Briefing Facts- In ‘Gaglia v. Kirchner’, Charles A. Gaglia, Jr. is the Plaintiff-Appellant and Robert P. Kirchner and Rosemary Kirchner were the Defendants-Respondents. This case is an appeal case decided by the Superior Court of New Jersey, Appellate Division, A-1165-97T1. The case started being argued November 4,1998 and decided on January 14, 1999. Plaintiff contracted with defendant to buy their house. Defendants argue that the contract had been void according to its attorney review section before the sale had been carried out. The plaintiff alleges that defendant had committed “both common law fraud and violations of the Consumer Fraud Act” (317 N. J. Super. 292). The court of equity granted defendants’ order for “summary judgment” letting go of the plaintiff’s complaint. In late spring of 1997 plaintiff began to look for a house available in the area of Wayne, NJ. He asked realtor Francine Elmo, employee of Caldwell Banker Realtors to help him with his search. Mr. Elmo knew the defendants were offering their home for sale and she thought that it might be what the plaintiff is looking for.
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