Meiselman v. Meiselman

Except as herein set forth, I concur in the majority opinion. There are, however, certain aspects of the case that should be discussed that the majority does not address.

In determining whether plaintiffs expectations have been frustrated, the actions of all the participants, including plaintiff, must be considered. The majority fails to address this aspect of the case. In Exadaktilos v. Cinnaminson Realty Co., 167 N.J. Super. 141, 400 A. 2d 554 (1979), aff’d, 173 N.J. Super. 559, 414 A. 2d 994 (1980), plaintiff acquired a twenty percent interest in a corporation that operated a restaurant. He…