Haddad Plumbing and Heating, Inc. v. Newburgh Windustrial Supply Co., Inc.
A-0125-23
| N.J. Super. Ct. App. Div. | Mar 11, 2025Background
- Haddad Plumbing and Heating, Inc. (Haddad) and Newburgh Windustrial Supply Co. (Newburgh) entered into contracts in September 2020 for Haddad to purchase Schedule 40 pipe from Newburgh.
- Haddad alleges Newburgh breached the contracts, forcing Haddad to buy more expensive substitute pipe from a third-party (North Shore Plumbing Supply) and incurring significant damages.
- Haddad sued Newburgh for breach of contract and related claims, and Newburgh counterclaimed on similar grounds; both sought damages.
- The trial court granted summary judgment to Newburgh on Haddad's claims due to insufficient damages proof and dismissed Newburgh's counterclaims for the same reason. Fraud claims were withdrawn by Haddad at oral argument.
- Haddad appealed, arguing its evidence was enough to survive summary judgment, while Newburgh argued otherwise.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of Damages Evidence | Presented testimony, certifications, and checks showing alleged loss. | No adequate documentary evidence; checks and orders didn’t match contract items. | Plaintiff presented enough evidence to proceed to trial. |
| Summary Judgment on Breach of Contract | Evidence raised material fact questions; summary judgment improper. | No substantiated damages, so no triable issue. | Summary judgment for defendant reversed on this issue. |
| Defendant’s Counterclaims | Defendant failed to prove its own damages. | Not cross-appealed; conceded no damages proof in the record. | Affirmed dismissal of defendant’s counterclaims. |
| Fraud-Related Claims | Withdrew at oral argument | — | Voluntarily dismissed, not addressed on appeal. |
Key Cases Cited
- Bhagat v. Bhagat, 217 N.J. 22 (NJ Supreme Court 2014) (summary judgment standards)
- Globe Motor Co. v. Igdalev, 225 N.J. 469 (breach of contract elements and burden of proof)
- Sons of Thunder, Inc. v. Borden, Inc., 148 N.J. 396 (UCC damages principles for contract breaches)
- Meshinsky v. Nichols Yacht Sales, Inc., 110 N.J. 464 (cover damages under the UCC)
- Mandel v. UBS/PaineWebber, Inc., 373 N.J. Super. 55 (summary judgment; judge's role not to weigh evidence)