Marioni v. ROXY GARMENTS DELIVERY, 417 N.J. Super. 269

Marioni contracted in 1998 to buy a Jersey City property from Roxy Garments; Roxy breached by selling to Broadway.
Broadway renovated and leased the property after taking possession during litigation.
Chancery judge awarded specific performance with an equitable price adjustment payable by Marioni to Broadway.
Judge increased the purchase price to $579,155.69, combining base cost, renovations, and certain carrying costs, and deducted rents Broadway collected on Marioni's behalf.
Appellate history: this court previously reversed a denial of specific performance and remanded for a rebalancing of compensation; the current decision reverses again on the entrepreneurial profit issue.
Court held Broadway as constructive trustee may not profit; the remedy should reflect Broadway’s base investments plus carrying costs, not enhanced value from renovations.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether recovery includes entrepreneurial profit for Broadway	Marioni	Broadway	Entrepreneurial profit improper; remand for base investment only
What components properly adjust the purchase price	Marioni	Broadway	Include base acquisition/renovation costs plus carrying costs; exclude enhanced value from renovations
Can the court award storage fees to Marioni	Marioni	Broadway	Remand to consider storage fees; not barred by mandate

Salorio v. Glaser, 93 N.J. 447 (1983) (equitable relief flexible; standard for equitable remedies)
Manalapan Realty v. Manalapan Twp. Comm., 140 N.J. 366 (1995) (binding principles for non-jury equitable decisions)
VRG Corp. v. GKN Realty Corp., 261 N.J. Super. 447 (App. Div. 1993) (role of constructive trust and equitable relief)
Bubis v. Kassin, 353 N.J. Super. 415 (App. Div. 2002) (liberal amendment of pleadings and equitable claims)
Westwood Lanes, Inc. v. Garwood Borough, 24 N.J. Tax 239 (2008) (definition of entrepreneurial or residual profit in property context)