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T.G.N., Inc. v. Iadevaia

A-6797-98T1 (N.J. Super. App. Div. 2000) (Unpublished)

CONTRACTS; NOTICE—In the absence of an express provision to the contrary, the day of the act or event from which the designated period runs is not counted in computing time periods set forth in a real estate contract.

A dispute arose out of a contract for sale of commercial property for which the owner had obtained a subdivision and site plan approval as a “strip mall.” The contract gave the buyer sixty days in which to review all governmental approvals, obtain a title search and survey, and make whatever investigations with regard to the property it deemed appropriate. The buyer had the right to terminate the agreement within the sixty day period by notice to the seller if it determined that any condition of the property was unacceptable. The contract was silent as to when the sixty days commenced. The Court found there was no need to address the underlying issue, because the buyer’s recission was timely under the method of calculation used by the Court. What the Court did was apply Court Rule 1:3-1 to the contract. This rule provides that “[i]n computing any period of time fixed by rule or court order, the day of the act or event from which the designated period begins to run is not to be included.”


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