Joseph Massari, Connie Massari, Vito Massari and Mary Massari, a Co-Partnership Doing Business Under the Name of…

Summary

The Supreme Court of New Jersey affirmed that the earlier judgment in Massari v. Einsiedler bars Einsiedler's later claim for reformation of the contract, holding the prior disposition is res judicata because the equitable defense was not pleaded in the original action as required by Rule 3:12‑2 and 3:12‑8, resulting in a waiver.