Colonial Specialty Foods, Inc. v. County of Cape May

The opinion of the court was delivered by

WEFING, J.A.D.

County of Cape May (Cape May) appeals, pursuant to leave granted, from an order entered by the trial court denying its motion to dismiss plaintiffs complaint with prejudice under R. 4:23-5(a)(2). We affirm.

Because of the narrow issue before us, it is unnecessary to set forth at length the nature of the underlying disputes between the parties. We note merely that plaintiff Colonial Specialty Foods, Inc. (Colonial) leased from Cape May a building that it intended to use for its food processing business. Colonial contended that the building…