CONTRACTS
11-2-5202 The Marlboro Partnership v. Pagano Development Company, Inc., App. Div. (per curiam) (6 pp.) Plaintiff Marlboro Partnership filed a declaratory judgment action seeking to terminate a contract it entered into with defendant Pagano Development Company, Inc., to sell certain real property located in the Township of Marlboro. Plaintiff also named Robert M. Pagano as a defendant, claiming he agreed to act as a “Guarantor” and assume personal liability to pay plaintiff $150,000 in the event the contract was terminated. Plaintiff filed an order to show cause (OTSC) seeking to preclude defendant from interfering with its property rights and declaring the contract terminated. Defendant responded and cross-moved seeking to enjoin plaintiff from selling the property. The trial court denied the parties’ requests for interlocutory relief, including plaintiff’s OTSC. This is one of two interlocutory orders plaintiff seeks to appeal. In the second interlocutory order, the trial court granted defendant’s motion seeking a judicial determination that plaintiff’s time of the essence letter was “unreasonable.” Conversely, the court denied plaintiff’s cross-motion seeking the opposite relief. The parties entered into a consent judgment. An order entered with the consent of all parties is not appealable as a final judgment. The court is without jurisdiction to review the propriety of the two interlocutory orders.
