/

\w•.'\
�,
�- 1
PRJCE, MEESE, SHULMAN & D'ARMINIO. P.C.
Mack-Cali. Corporate Center
RECE�VED / FiL.cD
Superior Court of New Jersey
v' . -.J 50 Tice Boulevard
APR f 9 2017
,sC\C\_ Woodcliff Lake, NJ 07677
T' _ 0201-391-3737 . CIVIL CASE IIIIAl�AGEMENT
. ,0J_,,"6' Attorneys for Plaintiff UNION COUNTY
\.f .\ .cP John R. Edwards, Jr., Attomey TD# 027421985
'1.,,'l,.';o ,
· 2536 Route 22 Tnvestors LLC, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
o Plaintiff, UNION COUNTY
�\,\ \.
UN]-L"': 1 4 7 9 - 117
vs.
DOCKET NO.:
GREG CAPONEGRO., and TRIPLE C REALTY,
INC, l
COMPLAINT and JURY DEMAND
Defendant.

Plaintiff, 2536 Route 22 Investors LLC., ("2536"), by way of Complaint against

Defendants Greg Caponegro ("Caponegro") and Triple C Realty, Inc. states as follows:

FACTS COMMON TO ALL COUNTS

1. 2536 is a New Jersey limited liability company fonued at the direction of Bruce

Jeffery ("Jeffery") for the purpose of purchasing and taking title to a commercial

retail property commonly known as 2536 Rt 22, Union, New Jersey (the

"Property").

2. The Property is cunently owned by Triple C Realty, !nc, ("Triple C"),

1
Triple C Realty, Inc., is joined as an interested parry only, It i� not alleged that it ha.s done anything wrong.

:0---
/ COMPUTER
APR 1 9 2017
)I
,_ ----
)
,
........
I
SECT�ON
i _j
_I
,·

3. Jdfery had been in discussions with Jane Clarke, the two-thirds majority

shareholder of Triple C, which discussions resulted in an offer of purchase.

4. Triple C accepted the offer after a shareholders' meeting discussed, infra,

5. Upon information and belief, Jane Clarke held a shareholders' meeting with

Capone&,ro to discuss the offer, and Triple C later decided to accept the offer over

the objection of Caponegro, which was its right pursuant to N.J.S.A. 14A:10-l l.

6. In app,u-ent retaliation for the proposed purchase agreement, Caponegro posted a

defamatory sign along N.J. State Highway 22 in Union, New Jersey, 11ie sign

slates "JEFFERY REALTY ROBBED ME."2

7. Additionally, on April 13, 2017, Caponegro called Jeffery directly, and made a

series of tlireatening statements including, but not limited to, an intent to interfere

with tl1e contract between 2536 and Triple C.

FIRST COUN'T

(Tortious Interference with Prospective Economic Advantage)

1. Plaintiff repeats, reiterates and re-alleges each of the preceding allegations of this

____:,Q(:>mplaint as jfas if set f�.t:J- o:· 11· '-------------------------

2. The majority owner of Triple C properly and lawfully decided to sell the Property

to 2536, as allowed by N.J.S.A. 14A 10-11.

'Jeffery Realty is pursuing its rights against Caponegro through a separate defamation action.

2
 3. In response to that proper action, Caponegro has engaged in a series of unlawful

actions, and interfered with the contract between 2536 and Triple C.

4. The activities of Caponegro have been intentional, wrongful and malicious.

5. 2536 has suffered and will suffer considerable harm and damage as a direct and

proximate result of Caponegro' s tortious interference with 2536' s prospective economic

advantage in the contract.

6. To tlle extent relevant, Caponegro's conduct was extreme., willful and outrageous.

WHEREFORE, 2536 Route 22 Investors LLC demands the entry of a Judgment against

Greg Caponegro as foll.ows;

a. Enjoining Caponegro from interfering in the transaction between 2536 and

Triple C, except for collecting from the closing the proceeds to which he
may be enti.tled as a one-third shareholder of Triple C;

b. . Directing Caponcgro to sign customary closing documents as may be

. reasonably required by 2536, its lender or title company;

c. Awarding punitive damages;

d. Awarding compensatory damages;

c. Awarding 2536's costs of suit, including reasonable attorneys' fees and
disbursements; and
f. Awarding such other and further relief as the Court deems equitable, just
and proper,

3
 •

DEMAND FOR TRIAL BY .JURY

253 6 Route 2.2 Invest.ors LLC hereby demands a trial by jury as to all issues in this

matter, which arc so triable,

DESIGNATION OF TRIAL COUNSEL

John R. Edwards, Jr., Esq. is hereby designated as trial counsel pursuant to R. 4:25-4.

PRICE, MEESE, SHULMAN & D'ARMINIO, P.C.

Attorneys for Plaintiff, 2536 Route 22 Investors LLC

By: ��
�
. dwards,V /
Dated: April 18, 2017 /

· CERTIFICATION

TI1c undersigned certifies as follows: (1) the within action is not the subject of any other

action or pending arbitration proceeding, nor is any otl1er action or arbitration proceeding

contemplated - except that Jeffery Realty, Inc. has filed a separate defamation lawsuit µgainst

Greg Caponegro; (2) tl1ere are no otl1er parties known which should be joined in this action; and

_______,,_34)'--'.....
c o.u□=firlen1faLpecsanal irleutiflcrs ba:\le he,en reda1'ted fram..do.cume.uts..c.ow..subn:iitted 10-th .,_____

court, and will be redacted from all doc=ents submitted i11 the future in accordance. with R.

l:38-7(b).

4
.
I certify 1l1at 1l1e foregoing statements are true. I w1derstand 11:iat if any of the foregoing

statements are willfully false, I am subject to punishme11t.

PRICE, MEESE, SHULMAN & D' ARMINIO, P.C.

Attorneys for Plaintiff2536 Route 22 Investors LLC

By:/1

Dated: April 18, 201 7

5
 Appendix XII-Bl

CIVIL CASE INFORMATION STATEMENT

(CIS)
Use for initial Law Division AMOUNT:
Civil Part pleadings (not motions) under Rule 4:5-1
Pleading will be rejected for filing, under Rule 1 :5-6(c), Ove�MYMENT:
if information above the black bar Is not completed
or attorney's signature is not affixed BATCH NUMBER:

ATTORNEY/ PRO se NAME: TE:LE:PHONE: NUMBER COUNTY OF VENUE

John R. Edwards, Jr.
FIRM NAME (II appllcablO)
(201) 391-3737 Union

Ti\J1DOCfe.,: NUritSta� ('o/en Cfll •,!•) 1·

Price Meese Shulman & D'Arminio, PC U.L' .N •L� ! "+ ft l
OFFICE ADD RES$ DOCUMENT TYPE
50 Tice Boulevard Complaint
Woodcliff Lake, New Jersey 07677
JURY DEMAND ■ Yes O NO

NAME OF PARTY (e.g., John Ooo, Plointlff) CAPTION

2536 Route 22 Investors LLC, 2536 Route 22 lnvesiors LLC v. Greg Caponegro and Triple C Realty,
Plaintiff Inc.

CASE TYPE NUMBER HURRICANE SANDY

□ YE$ ■ NO
(See revorso sldo for listing)

599
RELATED?
0 YE:S NO ■ IS THIS A PROFESSIONAi. MAI.PRACTICE CASE?
IF YOU HAVE; CHECKED "YES." SEE N.J.S.A. 2A:S3 A •27 AND APPLICABLE CASE I.AW
B_EGARQING_YOUR OB�IGATION TO FILE AN AFFID;\VIT OF MERIT.

□
RELATED CASE$ PENDING?
Yes ■ No
I IF YlcS, LIST DOCKET NUMBERS

DO YOU ANTICIPATE ADDING ANY PARTIES NAME OF DEFENDANT'S PRIMARY INSURANCE COMPANY (If known)
(arising out of samo trans.action or occurrence)? 0 NONE
□ Yes ■ NO ■ UNKNOWN

THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE.

CASE CHARACTERISTICS FOR PURPOSE:S OF DETERMINING IF CASE IS APPROPRIATE FOR MEcDIATION

-
DO PARTIES HAVE A CURRENT, PAST OR IF YES, IS Tl1A'r RELATIONSHIP:
RECURRENT RELATIONSHIP? 0 EMPLOYCR/EMPLOYEE 0 FRIEND/N�IGHBOR □ OTHtR (oxplaln)
':".' '--'-'"' -GJ--F,l,M161Ab :: �SINES:

DOES THE S'rATUTia GOVERNING THIS CASE PROVIDE FOR PAYMENT OF FEES BY THE LOSING PARTY? 0 YES ■ No
USE THIS SPACE TO ALERT THE COURT TO ANY SPECIAL CASE CHARACTERISTICS THAT MAY WARRANT INDIVIDUAL MANAGEMENT OR
ACCELERATED DISPOSITION

k11 ■
00 YOU 0� YOUR CLICNT NF.:60 ANY DISABllliYACCOMMODATIONS?
□ YES NO
Ir YE::$, PLEASC IDCNTIFY THE RECHJE.STED ACCOMMOOATION

□ YES ■
Wll.l. AN INTERPRETER Bl::. NE::EDC □?
NO
IF YES, FO� WHAT LANGUAGE?

I certify that confidential personal identifiers have been redacted from documents now su�mltted to the court, and wlll be
redacted from all documel).fs.>j,Ub'f!ll1ad In tht future in accordance with Ruic 1 :38-7(b).

ATTORNl;YSIGNATU��/'
- - -
e 10/0112016, CN 1 pogo 1 of 2
. (' .

CIVIL CASE INFORMATION STATEMENT

(CIS)
Use for initial pleadings (not motions) under Rule 4:5-1

CASE: TYPES (Choose one and enter number of case type In appropriate space on the reverse side.)
Track I • 150 days' discovery
151 NAME CHANGE
175 FORFEITURE
302 TENANCY
399 REAL PROPERTY (other than Tenancy, Contract, Condemnation, Complex Commoroiol or Constrnotlon)
502 BOOK ACCOUNT (debt collection matters only)
505 OTHER INSURANCE CLAIM (Including declaratory judgment actions)
506 PIP COVERAGE
510 UM or UIM CLAIM (coverage Issues only)
511 ACTION ON NEGOTIABLE INSTRUMENT
512 LEMON I.AW
801 SUMMARY ACTION
602 OPEN PU6I.IC RECORDS ACT (summary action)
999 OTMEl'l (briefly describe nature of action)

Track II • 300 days' cllseovory

305 CONSTRUCTION
509 E:MPI.OYMENT (other then CE:PA or LAD)
599 CONTRACT/COMMERCIAL 1'RANSACTION
603N AUTO NEGLIGENCE - PERSONAi. INJURY (non,verbal threshold)
603Y AUTO NEGLIGENCE - PERSONAL INJURY (verbal threshold)
605 PERSONAi. iNJURY
610 AUTO NEGLIGENCE- PROPEl<TY DAMAGE
621 UM or UIM CLAIM (Includes bodily Injury)
699 TORT - OTHER
Track Ill • 450 days' discovery
OO!;i CIVIL RH;lHT$
301 CONDEMNATION
602 ASSAULT AND BATTERY
604 MEDICAi. MALPRACTICE
606 PRODUCT 1.IASII.ITY
607 PROr-ESSIONAL MALPRACTICE
608 TOXIC TORT
609 DEFAMATION
616 WHISTLEBLOWER / CONSCIENTIOUS EMPLOYEE PROTECTION ACT (CEPA) CASES
617 INVERSE CONDEMNATION
618 I.AW AGAINST 01$CRIMINATl0N (LAD) CAS�S
Track IV - Active Caso Management by Individual Jud go/ 450 days' dlseovory
156 !aNVIRONMENTAL/ENVIRONM!aNTAI. COVERAGE LITIGATION
303 MT, LAURE;L
., ____soa_coMaa.coM1111EJ=AL-----------------------------1---
s13 COMPLEX CONSTRUCTION
514 INSURANCE FRAUO
620 FALSE CLAIM$ ACT
701 ACTIONS IN LIEU OF PREROGATIVE WRIT$
Multleounty Litigation (Track IV)
271ACCUTANE/ISOTRETINOIN 292 PELVIC MESH/SARO
274 RISPERDAL/SEROOUEI./ZYPREXA 293 DEPUY ASR HIP IMPLANT LITIGATION
281 6RISTOL•MYERS SQUIBB ENVIRONMENTAL 295 ALLODERM REGENERATIVE TISSUE MATRIX
282 FOSAMAX 296 STRYKER REJUVENATE/ABG II MODULAR HIP STEM COMPONENTS
285 STRYKER TRIDENT HIP IMPLANTS 297 MIRENA CONTRACEPTIVE DEVICE
28$ LEVAQUIN 299 OLMESARTAN MEDOXOMIL MEDICATIONS/BENICAR
287 YAZ/YASMIN/OCELLA 300 TALC-BASED BODY F'OWOERS
289 REGLAN 601 ASBESTOS
290 POMPTON 1.AK!aS ENV/RONMENTAI. I.ITIGATION 623 PROPECIA
291 �El.VIC MESHIGYNECARE

If you believe this c.a.s.e rlllqulte& a tr�ok othertha.n that provided above, please lndlc.atc the reason on Sldlll 1 1
In the spaco under "Caso CharactorlstlcS:.
Please check off each applicable category D Putativo Class Action 0 Title59

l=ffoctive 10101/2016, CN 10S17 page 2 of2

 ..
PRICE.
MEESE. April 18,2017
8 HlJ1)\,[,\N &
D'Aru1lNJO t\llEDroe�
!t. .-nOt-'UJ.�IUN-\1. ClltU't.lml1(1.',j
Anon;s;cys AT u1t• VIA UPS :RECE
un al New Je
·,1Jp,1ior co
�PR 1 S 2011
MACK-C'.A.LI CORPORATE CENTER
sn TICE: DOULEVARD, SUITE 380 Clerk of the Court
WOODCLIFF L\KE Superior Court of New Jersey
NEWJEHSEY 07677 SMENT
Law Division AS!:. NIANP.G
ouNiY
1)\\/II_ G
uN101� c
TELEPHONE (201) J91,J737
FACSIIUI.E (201) 391-9360 Union County
2 Broad Street
www.p1·ic-ij111t1e�e.cu1u

Room I 07 Rotunda
GREGORYD, MEESE*
Eliwbeth, NJ 07207
GAILL. PnICE•+
FREDERICM. SIIULMAN'+ Re: 2536 Route 22 Investors LLC v. Greg Caponegro
l,OUIS L, D'ARMINIO• o
and Triple C Realty. Inc.
JOHN H, ED\VARDS,JR.•
MIC! !Af;t, K. BREEN'
PAUL A. CONCIATORI*#
Dear Sir&foda:m:
UNTNT•L�,, 1t "fA 7 i
'1 - t
l l'\
·7
WILLIAM D. Blt'.HMAN•
CATHY J. POLLAK'
We represent the plaintiff in tl1e above referenced case. Encloscd:for filing arc an
Tl!OMA.$ C. MARTIN• original and two copies of the following:
JOUN L. MOl,!Nf;l,Ll'x
I. Civil Case Information Statement; and
R!Cl!AllD M. FBICKf;•;• 2. Complaint.
ll1AllK.W GfH�l-tN��1:o
KAREN F. C:OLEll • Please charge tl1e filing fees to our collateral account number 142830 and return a
MICl·L\ELA. OROZCO•• filed copy to us in the enclosed self-addressed stamped envelope.
RICK A, STEINDf;BC*6
DOROT!ff A. KOWAi, Thank you.
JENNIF;:H M.1,NARJCH• o
Very truly yours,
ls:EVlN C. ll0RJS • A
;,/1/
1<::::;
TERENCf'. STEED'" �.....,·/"'/,
_1 :¥' �
---BRJ,1,N-J,'\l,H\i!iAll-� l{r�rJ..;::___________________________
JACQUf;UNE E SJIULMAN' J ./
rnNNIFERM. BEnABl)O*
NATALIE N. DI RATSOU!AN' Enclosures
,. Also :ulmiu�rl i11 N\' cc: :Mr. Greg Caponcgro (w/encs. via UPS)
+ Alro admittl!d in DC
t.i Al�i:i .ndn'Uttcd hi PA 3114 Park Place
o Abu urlmitt�d in Cl' Springfield, NJ 07081
'"' A111u aJmit!r.d in 'TX
•, Alijo adlnitii:,J NY Ft\rl Cts,
# .At&ol..EEDAP
:,,: 13r.iwtn C1mnty Proecc.'UtOI' (tl!L.)
Aildiliorml Officoi;:
I WEST RED OJ\K l.,ANE, SUJTE 302
WHITE PLAINS, NEWYORK106U4
TgLJ!:PHONE (914} :!r11-1610
V4C81MlL.E (914) 2.it-·l�iU

)NE CATl�\Vi\\' CENTER, sum: 26011

Nl�WAIIK, NE\l'JERSE\' 07101
TELEPHONE (9i3J 7111:1-1!551
FACSIMILE (97:1) ?:ifl-2719
.

PRICE, MEESE, SH.ULMAN & D'ARMlNIO, P.C.

Mack-Cali Corporate Center
50 Tice Boulevard
Woodcliff Lake, NJ 07677
.201-391-3737
Attorneys for Plaintiff
John R. Edwards, Jr., Attorney ID# 027421985

2536 Route 22 Investors LLC,

SUPERIOR COURT OF NEW JERSEY
Plaintiff' LAW DIVISION
UNION COUNTY
vs.
, DOCKET NO.: UNN - L - 1479-17
GREG CAPONEGRO, and TRIPLE C REALTY'
INC. CERTIFICATION OF BRUCE ,JEFFERY IN
SUPPORT OF CONTEMPT APPLICATION
I Defendants.

Bruce Jeffery, of full age, hereby certifies as follows:

I. I am tlle prim:ipal of2536 Route 22 Investors LLC ("2536"), Plaintiff in 1his

litigation.

· 2. 2536 is a New Jersey limited liability company formed at my direction for the

purpose of purchasing and taldng title to a commercial, retail property commonly known as 2536

Rt. 22, Union, New Jersey (the "Property").

3. By my certification dated May 22, 2017 in support of a motion in aid oflitigant's

rights in this matter, I detailed many of the Defendant Greg Caponegro' s ("Caponegro")

aggressive and improper actions including, but not limited to, his causing physical damage to the

Property, tlrreats against me. and people I know, and otherwise interfering with the customary due

diligence :inspections when purchasing a commercial property. A copy of that certification is·

enclosed for ease of reference.

 4. After the Court entered its order of June 9, 2017 prohibiting Caponegro from

interfering with the contract, with the cooperation of the majority shareholder of Triple C Realty,

the seller, and the seller's attorney, we re-scheduled our professionals to conduct tl1eir respective

inspections.

5. \Ve and the inspectors appeared at the Property as scheduled on June 22,2017.

6. The majority shareholder of Triple C Realty and her attorney gave us permission

to bring a locksmith to gain access to the building on the Property, and to change the locks. We

were then to give them copies of the new keys.

7. I was advised that my attorney told Caponegro's attorney of this plan when they

were in court on June 21, 2017 on a related matter regarding Caponegro' s defamation of Jeffery

Realty, Inc.

8. I was also authorized to replace the front door glass (previously destroyed), and

shown in an exhibit to my prior certification.

9. On June 22, 2017, we had the f oll owing professionals appear at tl1e Property; (l)

Mike Trond - locksmith /handi man; (2) CTM • environmental company; (3) Park Glass • to

replace front door; (4) Champion Roofing - to inspect holes in roof; (5) Mike Tanney- architect;

and (6) Robert Takleszyn- my property manager.

10. At approximately 11 :00 a.m. when I arrived at the Property, CTM was conducting
its
environmental assessment, with 3-4 employees drilling soil samples.
11. My property manager was 1foere with Champion Roofing who had determined that

water is entering the building,

 12. Caponegro was harassing property manager and roofer for entering the building

without his authorization. He was screaming and cursing, and provoking them with his finger

within inches of their faces while screaming and carrying on.

13. When Caponegro saw me, he came within inches of poking me in the face. If I

had not stepped back several feet and turned around, l have no doubt he would have struck me.

He clearly wanted to physically fight me.

14. Instead of fighting him, I called tl1e police, (It is my m1derstanding that a roofmg

employee has video of the incident which we have requested).

15. While Caponegro was within inches of me, he was shouting vulgarities at me that

everyone heard. He specifically was threatening me, my wife, my children and my mother .with

every conceivable word you can imagine. Though I regret repeating some of the non-swear

words, I think it is important for the Court to get the sense of the situation. fuat some of the words

included jew, gay, fag, etc. (Aside from the obvious offense he intended, I'm not sure why he

iliought any ofthosc would apply to me).

16. Two police officers first appeared, and then two more. Capo11egro continued his

vulgarity and taunting me in front of the police until the police repeatedly told him to stop, and

then separated us. Caponegro continued to follow me around the Property as I tried to elude him.

17, Caponegro asked me why I had. changed the locks 011 the building and I told him I

was authorized by his partner and tl1e attorney. Caponcgro cursed them and said they cannot do

that, and ranted and raved on shouting vulgarities, etc: Everyone witnessed his actions and heard

him.
 18. Because I did not have a copy of the Court's prior order with me, the police asked

if I would leave. I agreed to leave with my roofer and property manager. Caponegro said the

environmcntal company with their heavy drilling equipment could remain on the Property

outside of the building.

19. Approximately an hour later, I drove back to the Property because the glass

company was there installing the new front door glass. He said tli.at Caponegro told him that

within an hour of him finishing his job, he was going to destroy the glass again.

20. At approximately 3:00, I stopped by to secure the building, and saw Caponegro

there with the newly installed glass destroyed. l told him I wanted to secure the building.

Caponegro told me not to do it, and that I was not welcome on the Property.

21. He said that he wa$ going to "get me" even if I purchased the building as he was

not done with me,

22. He followed me back to my car and I left.

23. TI1e Property is currently not occupied and tliere is no need for Caponegro to be at

the Property.

24. Based on tl1e foregoing circumstances, I respectfully request that in addition to

whatever sanctions this Court deems appropriate to impose on Caponeg:ro for violating this

Court's order, that Caponegro be ordered to stay away from me, my family and my workers, and

away from the Property, so that I can provide a copy of the order to tlie police, who will then

have the authority to arrest him when he next violates the order of this Court.
 I hereby certify that the foregoing statements mnde by me are true. I nm nware that if any

of the foregoing is willfuJly false, I run subject to punishment.

Dated: June 23, 2017 1:,�

. B(uceJe1
�
 U
PRJCE, MEESE, SH LMAN & D' ARMlNIO, P.C.
Mack-Cali Corporate Center
50 Tice Boulevard
Woodcliff Lake, NJ 07677
201-391-3737
Attorneys for Plaintiff
John R. Edwards, Jr,, Attorney ID# 027421985

2536 Route 22 Investors LLC, SUPERIOR COURT OF NEW JERSEY

LAW DIVISION
Plaintiff.' UNION COUNTY

vs.
DOCKETNO.: UNN-L-1479-17
GREG CAPONEGRO, and TRIPLE CREALTY,
INC. CERTIFICATION OF BRUCE JEFFERY IN
SUPORT OF MOTION IN AID OF
Defendants. LITIGANT'S RIGHTS

Bruce Jeffery, of full age, hereby certifies as follows:

l. I am the principal of2536 Route 22 Investors LLC ("2536"), Plaintiff in this

litigation.

2. 2536 is a New Jersey limited liability company formed at my direction for the

purpose of purchasing and taking title to a commercial retail property commonly known as 2536

------Rt,...22,...{Jnion,-New-Jersey-(the-''Property").

3.. The Property is currently owned by Triple C Realty, Inc. ("Triple C"). I had been

in discussions with Jane Clarke ("Clarke"), the two-thirds majority shareholder of Triple C,

which discussions resulted in an offer of purchase.

4. Clarke held a shareholders' meeting with Defendant Greg Caponegro

("Caponegro") to discuss the offer, and Triple C later accepted the offer over the objection of

Caponegro, which was its r:ightto accept pursuant to N.J.S.A. 14A:l 0-11.

1
 5. [n apparent retaliation for the proposed purchase agreement, Caponegro posted a
de:famatory sign along N.J. State Highway 22 in Union, New Jersey. The sign stated "JEFFERY

REALTY ROBBED ME." Jeffery Realty is pursuing its rights against Caponegro through a

separate defamation action in Union County, bearing Docket Number UNN-C-057- 17.

6. Caponeg,:o agreed to remove the offending sign prior to the return date

of the order to show cause, and did :remove it.

7. Caponeg,:o also retained John Paragano, Esq. to represent him in this

matter.

8. On April 13,2017, Caponegro called me directly, and made a series of

threatening statements including, but not limited to, an intent to interfere with the contract
between 2536 and Triple C.

9. At the direction of Triple C's attomey, John Bracaglia, I had the front door lock
on the Property changed, and sent the key to Mr. Brncaglia.

l 0. My office received a call on April 28, 2017 that someone smashed several glass
-windows of the Property, and was walking inside the building. The police were dispatched.

l l. Caponegro called me also on the 28u, and asked about the locks.

12. Capo11egro ranted with vulgarities and threatened me.

13. I then offered to Mr. Bracaglia. to have the building boarded to properly secure it.

All front and side -windows were smashed, including the front door. A photograph of the damag.i

after being boarded is submitted herewith.

2
 '
I
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:,-1

.:{::.:1:2, :;;. ..,. ""'�';'!"'''"'';, ']

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. '

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.+,...;,•: ·,�.. .,,,.,.,:,
 5. The picwe also shows that someone had been "hacking" at the lock, leaving new

visible marks.

6. I noticed a black SUV in the parking lot to the west of the subject property on

Route 22.

7. When I left the building at 4:30 pm on July 27th, the SUV followed me, so I

pulled iuto a McDonald's.

8. I then went to a Dunkin Donuts in Kenilworth, and it followed me there.

51. I then went to a car wash m Kenilworth, and"it followed me there,

10. In pulling out, I noticed that it was Greg Caponegro in the SUV, and asked him

what he was doing,

10. He said there is no law against following someone.
11. Then he said, as he has said before, God has mysterious ways of dealing with

. things. Then he asked me about my children.

12. Attached hereto and made a part hereof as Exhibit "B" is a picture of the SUV

with Greg Caponegro inside □fit that I took on July 27th .

' I hereby certify that the foregoing statements made by me are true. I am aware that if any

of the foregoing is willfully false, I am subject to punishment.

Dated: July 28, 2017

...:.:-,r.'1
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: --JUL i 3 2Gi?
I
PRlCE, MEESE, SHULMAN & D' ARM'lml.J';'l"'.�.•"'
I C
SE T/10N
.
FILED
Mack-Cali Corporate Center
50 Tice Boulevard . . . 't1;0 JUL -6 2017 ·
Woodcliff Lake, NJ 07677 THOMAS J. WALSH,
J.S.C.
\\..\�
201-391-3737
Attorneys for Plaintiff �
John R. Edwards, Jr., Attorney ID# 027421985

2536 Route 22 Investors LLC, SUPERIOR COURT OF NEW ,TERSEY

L.AW DIVISION
Plaintiff, UNION COUNTY
vs. DOCh."ET NO.: UNN - L - 1479-17
GREG .CAPONEGRO, and TRIPLE C
REALTY,Il'i'C. ORDER TO SHOW CAUSE WHY
Defendants. DEFENDANT CAPONEGRO SHOULD NOT
BE FOUND IN CONTEMPT OF COURT
FOR VIOLATING ORDER OF JUNE 9, 2017

THIS MATTER initially having come before the Court on June 9, 2017 by way of a

motion in aid of litigant's rights filed by Price, Meese, Shulman & D'Anninio, P.C. (John R.

Edwards, Jr., Esq., appearing), attorneys for plaintiff, on notice to J Paragano, LLC, attorneys for

Greg Caponegro (John Paragano, Esq. appearing) and on notice to IVlauro Savo Camerino Gnmt

& Schalk PA, attorneys for Triple C Realty, Inc. (John F. Bracaglia, Jr. appearing); and tl1e

1-lonorable Thomas-J.Walsh, J.C. having issued ru1 order on June 9, 2017 tllaibefc:ndant Greg

Caponegro must immediately cease and desist from any interference with the contract between

Plaintiff and Triple C Realty, Inc. except, if at all, through the proper judidal processes in this

case; ru1d plaintiff having brought to the Court's attention a violation of the Order on June 22,

2017 at which tin1e. Defendant Greg Caponegro caused additional physical damage to the.

· property, threate11ed Bruce Jeffery, and chased plaintiff's expert inspectors from the property

necessitating the police to intervene at the property, all as supported by the certification of Bruce
Jeffery dated June 23, 2017 containing a narrative of the events of that date; and the Court

having considered the arguments of the respective counsels and considered the pleadings

submitted; and for good cause shown as set forth on the record;

ITISonthis
I rL..

l. dayofJune,2017, fl,., f
, c,.
,
.-cf 1 <j(,""0 !

1J

ORDERED that Defendant Greg Caponcgro appear and show cause before thf Superior ?;(, v ,
Court of New Jersey, Union County Courthouse, 2 Broad Street, Elizabeth, New Jersey 07207 at
' c··.,.;
0, r ,,,-
o'clock in the ,"""t,_,., noon or as soon 1l1ereafter as counsel can be heard, on the

,:;:.,( y, day of 'Jv l,,, · , 2017, why an order should not be issued adjudicating that
.Defendllilt Greg Caponegro willfully has violated the Orders of this Court and should be found to

be in contempt of Court; and it is further

ORDERED that Defendant Greg Caponegro shall file and serve a written response to

this order to show cause on or before ·;Z/_, /J 7-' 1 7 , (TI1e plaintiff may file and

serve any written reply to the defendant's order to show cause opposition by 7Zl7 r 7 ;.u I 7

2017); and it is further

-,
ORDERED that a copy of this Order shall be served upon all parties within _5__ days
of the date hereof.
�-
"/---7. r:rz_(Q::/ .. �

THOMAS J. WALSH, J.S.C.

 Jl,I�""'
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PRICE, MEESE, SHULMAN & D'ARMINIO, P.C.

Mack�Cali Corporate Center
50 Tice Boulevard Fti::CEJ\iED I FE.. [.\IJ
Supcri�,r r ,,.. i\!(··w ,..\::r:::H:Jy
\Voodcliff Lake, NJ 07677
201-39 l-3737 J IIJ.'.
'I'' '' I:u 2n-,
i:. LI/
Attorneys for Plaintiff CIVIL CA,3,� IVIANAGEIVIENT
John R. Edwards, Jr., Attorney ID# 027421985 t.ll\!J(;:r,: C(j�_;r,Jn1

2536 Route 22 lnvestors LLC,

SUPERIOR COURT OF NEW JERSEY
Plaintiff, LAW DIVISION
UNION COUNTY
vs.
DOCKET NO.: UNN -L- 1479-17
GREG CAPONEGRO, and TRIPLE C REALTY' I

INC. CERTIFICATION OF BRUCE JEFJ1'ERY 11i

SUPPORT OF CONTEMPT APPLICATION
Defendants.

Bruce Jeffery, of full age, hereby certifies as follows:

l. lam the principal of2536 Route 22 Investors LLC ("2536"), Plaintiff in this

litigation.

2. 2536 is a New Jersey limited liability company formed at my .direction for the

purpose of purchasing and taking title to a commercial retail property commonly known as 2536

Rf."22;-Diiion, New ,lerse:V-(tlie ".Property").

3. By my certification dated May 22, 2017 in support of a motion in aid oflitigant's

rights in this matter, J detailed many of the Defendant Greg Caponegro's ("Caponegro")

aggressive and improper actions including, but not limited to., his causing physical damage to the

Property, threats against me and people I know, and otherwise interfering with the customary due

diligence inspections when purchasing a commercial property. A copy of that certification is

enclosed for case of reference.

"

4. After the Court entered its order of June 9, 2017 prohibiting Caponegro from

interferh1g with the contract, with 111c cooperation of the n1ajority shareholder ofT1iple C Realty,

the seller, and the seller's attorney, we re-scheduled our professionals to conduct their respective

inspections.

5. We and the inspectors appeared at the Property as scheduled on June 22, 201 7.

6. The majority shareholder of Triple C Realty and her attorney gave us permission

to bring a locksmith to gain access to the building on the Property, and to change the locks. We

were then to give 111cm copies of the new keys.

7. 1 was advised that my attorney told Caponegro's attorney of this plait when they

were in court on June 21, 201 7 on a related matter regarding Caponegro' s defamation of Jeffery

Realty, Inc.

8. T was also authorized to replace the front door glass (previously destroyed), and

shown in an exhibit to my prior certification.

9. On June 22, 2017, we had the following professionals appear at the Property: (1)

Mike Trend- locksmith /handi man; (2) CTM -environmental company; (3) Park Glass - to

replace front door; (4) Chatnpion Roofing - to inspect holes in roof; (5) Mike Tormey- architect;

and (6) Robert Takleszyn• my property manager.

10. At approximately 11 :00 a.m. when I arrived at tl1c Property, CTM was conducting
its
environmental assessment, with 3-4 employees drilling soil srunples.
11. My property manager was there with Champion Roofing who had determined that

water is entering the building.

·,,

12. Caponcgro was harassing property manager and roofer for entering the building

without his authorization. He was screaming and cursing, and provoking them with his finger

within inches of their faces while screaming and carrying on.

13. When Caponegro saw me, he came within inches of poking me in the face. IfI

had not stepped back several feet and turned around, 1 have no doubt he would have struck me.
' '

He clearly wanted to physically fight me.

14. Instead of fighting him, I called the police. (It is my understanding that a roofing

employee has video of the incident which wc have rcquested).

15. While Caponegro was·within inches ofme, he was shouting vulgarities at me that

everyone heard. He specifically was ll1reatening me, my v.�fe, my children and my mother with

every conceivable word you can imagine. TI1ough I regret repeating some of the non-swear

words, I think it is important for the Court to get the sense of ll1e situation that some of the words·

includedjew, gay, fag, etc. (Aside from the obvious offense he intended, I'm not sun: why he

thought any of those would apply to me).

16. Two police officers first appeared, and then two more. Caponcgro continued his

Vulganly and tauntmg me 111 front of the police until U1e police repeatedly told him to·stop, and

then separated us. Caponegro continued to follow me around the Property as I tried to elude him.

1 7. Caponcgro asked me why I had changed the locks on the building and I told him I

was authorized by his partner and the attorney. Caponegro cursed them and said they cannot do

that, and ranted and raved on shouting vulgarities, etc. Everyone witnessed his actions and heard

him.
 J 8. Because I did not have a copy of the Court's prior order with me, the pol.ice asked

if I would leave. 1 agreed to leave with my roofer and property manager. Caponegro said the

environmental company with their heavy drilling equipment could remain on the Property

outside ofthe building.

19. Approximately an hour later, l drove back to the Property because the glass·

company was there installing the new front door glass. He said that Caponcgro told him that

vvitl1in an hour of him finishing his job, he was going to destroy the glass again.

20. At approximately 3:00, I stopped by to secure the building, and saw Caponegro

there with the newly installed glass destroyed. I told him I wanted to secure the building.

Caponegro to.Id me not to do it, and that I was not welcome on the Property.

21. He said that he was going to "get me" even ifl purchased the building as he was

not done with me.

22. He followed me back to my car and I left.

?�
-:,. The Properly is currently not occupied and there is no need for Caponegro to be at

tl1e Property.

24. Based on the foregoing circumstances, I respectfully request that in addition to

whatever sanctions this Court deems appropriate to impose on C aponegro for violating this

Court's order, that Caponegro be ordered to stay away from me, my family and my workers, and

away from the Property, so that I can provide a copy of the order to the police, who will then

have tl1c: autl1ority to arrest him when he next violates the order of this Court.
, '.

I hereby certify that the foregoing statements made by me are true. I am aware tlrnt if any

of the foregoing is willfully false, I am subject to punislunent.

Dated: June 23, 2017 h1*'

B/uce Jct
 PR1CE, MEESE, SHULMAN & D' A.RMINIO, P.C.
Mack-Cali Corporate Center
50 Tice Boulevard
Woodcliff Lake, NJ 07677
201-391-3737
Attorneys for Plaintiff
John R. Edwards, Jr., Attorney ID# 027421985

2536 Route 22 Investors LLC, SUPER10R COURT OF NEW JERSEY

LAWDNISION
Plaintiff, UNION COUNTY
vs.
DOCKETNO.: UNN�L- i479-l7
GREG CAPONEGRO, and TRlPLE C REALTY,
INC. CERTIFICATION OF BRUCE JEFFERY IN
SUPORT OF MOTION IN AlD OF
Defendants. LlTIGANT'S RIGHTS

Bruce Jeffery, of full age, hereby certifies as follows;

1. I am the principal of2536 Route 22 Investors LLC (''2536"), Plaintiff in this

litigation.

2. 2536 is a New Jersey limited liability company formed at my direction for the
purpose of purchasing and taking title to a commercial retail property commonly known as 2536

______R,u.t _,2�2..-, .i.lil.l'.lncuiom,n,�ew.Jer.se-y.-(.fu�e.t�)1�----------------------

3. The Property is currently owned by Triple C Realty, [nc. ("Triple C"). I had been
in discussions with Jane Clarke (''Clarke"), the two-thirds majority shareholder of Triple C,

which discussions resulted in an offer of purchase.

4. Clarke held a shareholders' meeting with Defendant Greg Caponegro

("Caponegro") to discuss the offer, and Tripfe C later accepted the offer over the objection of

Caponegro, which was its right to accept pursuant to N.J.S.A. 14A:I0-I I.

l
 5. In apparent retaliation for the proposed pw-chasc agreement, Caponegro posted a

defamatory sign along N.J. State Highway 22 in Union, New Jersey. The sign stated "JEFFERY

REALTY ROBBED ME." Jeffery Realty is pursuing its rights against Caponegro through a
separate defamation action in Union CoW1ty, bearing Docket Number UN"N-C-057- 17.

6. Caponegro agreed to remove the offending sign prior to the return date

of the order to show cause, and did remove it.

7. Caponegro also retained John Paragano, Esq. to represent him in this

matter.

8. On April 13, 2017, Caponegro called me directly, and made a series of

threatening statements including, but not limited to, an intent to interfere with the contract

between 2536 and Triple C.

9. At the direction of Triple C's attorney, John Bracaglia, I had the front door lock

on the Property changed, and sent the key to Mr. Bracaglia.

10. My office received a call on April 28, 2017 that someone smashed several glass
windows of the Property, and was walking inside the building. The police wen: dispatched.
I I. Caponegro called me also on the 28 th and asked about the locks.
12. Caponegro ranted with vulgarities 1111d threatened me,

13. I then offered to Mr. Bracaglia to have the building boarded to properly secure it.
All front and side windows were smashed, including the front door. A photograph of the damage

after being boarded is submitted herewith.

2
 14. Subsequently, contractual inspections of the Property were attempted and
. . .

Caponegro interfered with the inspections.

15. I was informed that Caponegro told the utility company representative,

who was "marking out" the utility locations on the Property as a prerequisite for

environmental testing, that they had to get off the Property.

16. After being told that Caponegro would no longer interfere, it was

discovered that Caponegro had again changed the locks, so keys were requested for the

inspection of the building. Despite assurances, the keys were never delivered.

17. On May 18, 2017, I learned that our environmental· inspector appeared at •

the Property to conduct inspections outside of the building, The inspector reported being

threatened by Caponegro to get off bis Property, so the inspector could not complete his

work and had to leave the Property.

I hereby certify that the foregoing statements made by me are true. l am aware

that if any of the foregoing is willfully false, I = subject to punishment.

Dated: May 22,2017

-------·
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FILED
PRICE, MEESE, SHULMAN & D'ARMJNIO, P.C.
Mack•Cali Corporate Center JUN -9 2017
50 Tice Boulcva.rd THOMAS J. WALSH,
Woodcliff Lake, NJ 07677
201·391-3737
J.s.c.
Attorneys for Plaintiff
John R. Edwards, Jr., Al.torneyID# 027421985

2536 Route 22 Investors LLC, SUPERIOR COURT OF NEW JERSEY

LAW DIVISION
Plaintiff, UNION COUNTY

vs.
DOCKETNO.: UNN-L-1479-17
GREG CAPONEGRO, and TRIPLE C REALTY,
INC, \ ORDER GRANTING PLAINTIFF'S
MOTION IN AID OF LITIGANT'S RIGHTS
Defendants.

THIS MATTER having been opened to the Court by Price, Meese, Shulman &

D'Arnrinio, P.C., attorneys for 2536 Route 22 Investors LLC on their motion for !ll1 Order in Aid

of Litigants' Rights pursuant to R. 1:10-3; and the Court having read and considered the papers

submitted iu support of said motion and any opposition thereto; and for good cause shown;
On
IT IS on this _r _ day of JUJ1e, 20 I 7;

ORDERED that the motion for an Order in Aid ofLltigants' Rights pursuant to 1( 1:10-

3 be and is hexeby granted; a;nd it is further

ORDERED that Defendant Greg Caponegro must immediately cease and desist from

any interference with, 1he contract between Plaintiff and Triple C Realty, Inc. except, if at all,

through the proper judicial processes in this case; and it ls further

of record w:ithin
---
ORDERED that ii copy-of the w:ithin Order be served upon all counsel

_l0days of the.date of this Order,-·' ··

"/
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l NCiMAS J. WALSH, J.&.c.. , J.s:c ..

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PRJCE, MEESE, SJ·IULMAN & D'ARMJ'NJO, P.C. Fl LED

Mack-Cali Corporate Center
50 Tice Boulevard AUG O 3 2017
WoodcliffI...ake, NJ 07677
201-391-3737 KENNETH J. GRISPIN, PJ.Cv.
Attorneys for Plaintiff
John R, Edwards, Jr., Attorney ID/I 027421985

2536 Route 22 Investors LLC, SUPERIOR COURT O:F :NEW JERSEY

LAWDMSION
Plaintiff,
UNION COUNTY
vs.
DOCKET NO.; UNN-L -1479-17
G EG CAPONEGRO, and TRIPLE C
R

REALTY, INC. ORDER FINDING DEFENDANT

Defendants. CAPONEGRO IN CONTEMPT OF COURT

THIS MATTER initially having come before the Court on June 9, 2017 by way of a

motion in aid oflitiganfs rights filed by Price, Meese, Shulman & D' Anninio, P.C, (John R.

Edwards, Jr,, Esq., appearing), attorneys for plaintitI, on notice to J. Pamgano, LLC, attorneys

for Oreg Caponcgro (John Paragano, Esq. appearing) and on notice to Mauro Savo Camerino

Grant & Schalk PA, attorneys for Triple C Realty, Inc, (John F. Bracaglia, Jr.); and the

Honorable Thomas J. Walsh, J.S.C. having is�ued an order on fol:le 9, 2017 that Defendant Greg

Caponegro must immediately cea�e and desist from any intcrforcmce with the contract between

Plaintiff and Triple C Realty, Inc. except, if at all, through the proper judicial processes in this

case; and plaintiff having brought to the Court's attention a violation of the Order on June 22,
af/eg:.J:,i,.J ...//'.It
2017 at which time Dcifendant Greg Caponegr91caused -idditional physical damage to the

prope.rty, threatened Bruce Jeffery, and chased plaintiffs expert inspectors from the propcrt,)j

necessitating the police to intervene at the property, all as supported by the certification of Bruce

COMPUTER
AUG 1 1 2017
SECTION
..
lg.I UUJI UU-4

Jeffery dated June 23,2017 containing a narrative of tho events oftbat date; and the Honorable

Thomas J, Walsh, .I.S.C. having issued an Order to Show Cause on July 6, 2017 that Defendant

Greg Caponcgro appear before the Honorable Kenneth J. Grispin, P.J. Civ. on July 21, 2017 with

an opportunity to submit opposing papers by July 13, 2017 (which he elected not to do), which

return date was extended until August 3,2017; and it appeari.ng by supplemental certification of

Bruce J effcry dated July 28. 2017 that further damaging and threatening behavior occurred on

July 27th ; and Messrs. Caponegro, Paragano and Edwards, respectively, appeared before the

Court on August 3. 2017; and the Court having considered the arguments of the respective

counscyr"and considered the pkadings submitted; and for good cause shov,in as set forth on tbe

record;

TT IS on this , fJlo day of August, 2017,

ORDERED that Defendant Gn:g Caponegro is restrained from appearing at tbe property,

i. e,, 2536 Route 22, Union, New Jersey, or from interfering with any of the parties or persons

involved in the contract; and that if Greg Caponegro appears at tbe property, ho �c subject to

arrest; and it is further

ORDERED that Defendant Greg Caponegro, having acknowledged that he is a minority

shareholder of Triple C Realty, Inc., and the certification of Jane Clarke, a� majority sharcholdcr

of Triple C Realty, Inc., dated May 22, 2017 submitted in support of the above referenced

motion in aid oflitigant's rights having established the corporate decision to enter the subject

contract, the subject contract shall proceed to closing without any further interference from

Defendant Greg Caponegro; and it is farther

 ORDERED that if Defendant Greg Caponegro decides to dispute whatever amowits arc
due to him from the sale proceeds as a minority shareholder, he may do so in a separate action

with, Jane Clarke; and it is further

ORDEREl) that a copy of th.is Order shall be served upon all parties with.in J_ days
of the date hereof.

�
.
FI l ED
SEP O 5 2017
. PRlCE, MEESE, SHULMAN & D' ARMINIO, P.C.
Mack-Cali Corporate Center ()
50 Tice Boulevard
Woodcliff Lake, NJ 07677 ,\ J..r;j,
't,i?J KENNETH J. GR!SPIN, P.J.Cv.
201-391-3737 � \:
Attorneys for Plaintiff
John R. Edwards, Jr., Attome;r ID# 027421985

2536 Route 22 Investors LLC, SUPERIOR COURT OF NEW JERSEY

LAW DIVISION
Plaintiff, UNION COUNTY 1!''Qf\J:1d•·q,rl!:/
ij_.1, � .�lrl!.J � '-'

SEP 115 Wti

SEC�uON
vs.
DOCKET NO.: UNN -L • 1479-17
GREG CAPONEGRO, and TRJPLE C
REAL TY, INC.

ORDER TO SHOW CAUSE 'WHY

Defendants. DEFENDANT GREG CAPANEGR0,
SHOULD NOT BE FOUND IN FURTHER
CONTEMPT OF COURT FOR VIOLATING
ORDERS OF JUNE 9, 2017AND AUGUST 3,
2017; AND ADDRESSING ALLEGED
OWNERSHIP OF SHARES :SY AMANDA
CAP0NEGR0 AND GEORGIANN
CAPONEGR0

TIDS MATTER initially having come before the Court on June 9, 2017 by way of a

motion in aid of litigant's rights filed by Price, Meese, Shulman & D' Anninio, P.C. (John R.

Edwards, Jr,, Esq., appearing), attorneys for plaintiff, on notice to J. Paragano, LLC, attorneys

for Greg Caponegro (Joh.11 Paragano, Esq. appearing) and on notice to Mauro Savo Camerino

· Grant & Schalk PA, attorneys for Triple C Realty, lnc. (John F, Bracaglia, Jr. appearing); and the

Honorable Thomas J. Walsh, J.S.C. having issued an order on June 9, 2017 that Defendant Greg
 Caponegro must immediately cease Md desist from any interference with the contract between

Plaintiff and Triple C Realty, Tnc, except, if at all, through the proper judicial processes in this

case; and plaintiff having brought to the Court's attention a violation of the Order on .I une 22,

2017 at which time it was alleged that Defendant Oreg Caponegro caused additional physical

damage to the property, threatened Bruce Jeffery, and chased Plaintiff's expert inspectors from

the property necessitating the police to intervene at the property, all as supported by the

certification of Bruce Jeffery dated June 23, 2017 containing a narrative of the events of that date

and attaching photographic evidence of the violation, as supplemented by the certification of

Bruce Jeffery dated July 28,2017; and

The Honorable Ke1111eth J. Grispin, P.J. CV. having issued an. order on August 3, 2017

entitled, "Order Finding Defendant [Greg] Caponegro in Contempt of Court," which referenced

the acknowledgement of Greg Caponegro as the minority shareholder of Triple C Realty, Inc.,

and again ordered that the subject closing shall proceed without further interference by him; and

on August 11, 2017 Greg Caponegro reportedly denied that he is the minority shareholder so the

prior orders of this Court were void, and his daughter, Amanda Caponcgro, has asserted that she

has been the minority shareholder ofTriple C Realty, Inc. since January 15, 2014 having

-----�re=c=e�iv�e=d�t�beJIJinorit;)'..Shw:es.:frm:n..Gcor_giann..Caµ.anegro; and for gnn.1.1.d-"c-'a'"'s' st:·ec.ss..,b.,01wv.i11-----------

IT IS on this ,:::9",, day of September, 20 l 7,

ORDERED that Defendant Greg Caponegro, and Amanda Caponegro and Georgiann

Caponegro appear and show cause before the Superior Court ofNew Jersey, Union County

Courthouse, 2 Broad Street, Elizabeth, New Jersey 07207 at _d_ o'clock in the

� noon or as soon thcrea:fter as counsel can be heard, o□ the dff.. day of

u
 � l-6! ; , 2017, why an order should not be issued further adjudicating that Defendant
I , ;r;.

Greg Caponegro willfully has violated the Orders of this Court and why J:ic should not be found

in further contempt of Court; and it is further

ORDERED that a hearing shall occur at that time to establish that the only record

owners of shares of Triple C Realty, Inc. at the time the corporate decision was made to enter

into the subject contract of sale· were Jane Clarke and Greg Caponegro, an'd the contemplated

sale shall occur witi1out further interference by Greg Caponegro, Aillanda Caponegro and/or

Georgiann Caponegro, which sale shall allow Triple C Realty, Inc. to convey title unencumbered

by the minority share interests, which interests may be addressed, if required, in a separate action

for monetary claims between the alleged minority shareholders and Jane Clarke; and it is further·

ORDERED that:

1. A copy of this order to show cause, legal memorandum, and any Sllpporting affidavits or

certifications submitted in support of this application be served upon Amanda Caponegro

and Georgian11 Caponegro by personal service within ..L days of the date hereof; Greg
Caponegro already having been served through his co,mscl ofrecord;

2: 111e plaintiffmust file with the c_ourt their proof of service of the pleadings 011 the

defendants no later than tlu·ee (3) days before the return date,

3. The defendants shall file and serve a written response to this order to show cause and

proof of service by � [:r:t::�Ju...1 If ·. 2017. The original documents must be filed with
,
the Clerk of the Superior Court in the county listed above and onlirie at

http://wv:w.judJciarJ.state.nj.us/prose/l 0!53_dcptyclerklawi-ef.pdf. You must send a

copy of your opposition papers dir�ctly to Judge t?; , whose address is

Q /¥½Y
,1
.•
r,kµ4t- � 4'.uJ � � /6/k 1/422 z-+�
<>! d1.cMr ff.. �$:;-1,1,,1,, A;,1"p11;77New Jersey. You must also send a copy of your
opposition papers to the plaintiffs attorney whose name and address appears above, or to

the plaintiff, if no attorney is named above. A telephone call will not protect your rights;

you must fi e your opposition and pay the required fee of$___ and serve your
l

opposition on your adversary, if you want tl1e court to hear your opposition to the

injunctive rcllefthe plaintiff is seeking.

4. The plaintiff must file and serve any written reply to the defendants' order to show cause

opposition by � & , 2017. The reply papers must be filed with the Clerk of
,
the Superior Court in the county listed above and a copy of the reply papers must be sent

directly to the chambers of Judge

fZ:'fX.41 ·,,
5. If Defendant Greg Caponegro, Amanda Caponegro or Oeorgiru111 Caponegro does not file

and serve opposition to this orclc!r to show cause, the requested hearing may proceed and

relief may be granted by default against any one or more of them, provided that the

plaintiff files a proof of se:rvice and a proposed forn1 of order at least three (3) days prior
to the rerum date.

6 Ifthc plaiJ1ti ffbasoai.altead.y..done..so,..a.propo_�=..of:or-0er-addr-essmg-t-lle-roJ.iet:------­

sought on tl1e return date (along with a self-addressed retum envelope with return address

and postage) must be submitted to the court no later than three (3) days before the return

date.

7. Amanda Caponegro and Georgiann Caponcgro are further advised that a telephone call

will not protect your rights.

- .'

8. If you cannot afford an attorney, you miiy call the Legal Services office in the county in

· which you live or the Legal Services of New Jersey Statewide Hotline at l-888-LSNJ­

LAW (1 ·888-576-5529). If you do not have an attorney and are not eligible for free legal

assistance, you may obtain a referral to an attorney by calling one of the Lawyer Referral

Services. A directory with contact infonnation for local Legal Services Offices and

Lawyer RefotTal Services is available in the Civil Division Management Office in the

county listed above and onlinc at

http://www.judici ury.state.nj.us/prose/] 0153 _deptyclerklawref.pdt'.;

and it is further

ORDERED that a copy of this Order shall be served upon all parties within..:!._ days
of the date hereof,

��
, 'I
U 6' ' J .S.C.
J'ENNEJ;"'fii J. GR!SP!N., J.S.C.
 PRICE, Ml:ESE, SliULMAN & D'ARMINIO, P.C.
Mack.Call Co,rpor.ite Center
SO Tice Boulevard
Woodcliff Lake, NJ 07677
201-391•3737
Attorneys for Plaintiff
John R. Edwards, Jr., Attorney !Off 027421985

2536 Route 22 Investors LLC,

SUP!:RIOR COURT OF Nl::W JERSEY
Pl�intiff, LAW DIVISION
UNION COUNTY
vs.
DOCKET NO,; UNN - i-1479•17
GREG CAPONEGRO, .ind TRIPLE C REALTY, INC.
CERTIFICATION OF JOHN F. 8RACAGUAJR,, ESQ.
Defendants.

John F. Bracaglla Jr., of full age, hereby certlftes as follow�:

l. I am the transactional counsel for Triple C Realty, Inc. ("TriJlle C") in connection wltl\ the sale of

commercial retail property �mmonly known as 2536 Rt. 22, Union, New Jurz.ey (the "Property").

2, The Property Is currently owned by Triple C Realty, Inc. ·

3. 13ruce Jeffery had been In dlscussltms with Jane Clarke, the twr.Hhlrds majority shareholder of

Triple C, which discussions result�cl In an offer of purchase.

4, Jane Clarke held a shareholders' meetinia: with Greg CaF)Onegro {"Caponeen:i") a$ minority

shareholder to discuss the offer. I was pr11sent at that meeting.

5. Triple C decided to accept the offer over the objection of caJlonegrc, which was Its right

pursuant to N,J.S.A. l4A:l0-1l.

 6, I have been made aware of the August 3, 2017 order entered in this matter by the Honorable

Kenneth J. Grlspln, J.s.c. finding Caponegro to be In contempt of Court.

7. That order references Gaponegro having acknowledged that he Is a minority shareholder of

Triple C.

8. On August 11, 2017, caponegro called me and said that he does not own a one-third share of

Triple C, and that It Is owned by his da1Jghter.

9. He also said, therefore, the court order Is Invalid and the whole process has to start again.

10. He stated that his daughter may be filing a separate nction to stop the sale.

11, On August l.4, 2017, a transfer certfllcate purportedly dated January 14, 2014 from a Georgiann

Caponegro was presented 10 me by Amanda Cilponegro vie e-malt asserting that Amanda owned the

sha.re�. See, Exhibit "A" attached hereto and made a p�rt hereof.

12. Upon information and belief, Georgiann Caponegro Is the sister of Caponegro and Amanda

Coponagro is the di!-ughter of Caponegro.

13. I was net made aware of any alleged tranrler of shares by Caponegro, by Jane Clarke or by

anyone else prior to Aue:ust 14, 201?.

14, As above stated, caponegro presented himself as the minority shareholder at the shareholders'

meeting at which the subject sale was discussed,

15, In response to Caponegro's call, and being aware of the subje<:t lawsuit, l brought the

information to the attention of the majority shareholder, Jane Clarke, and to the attention of the

plaintiff's attorneys.
 I hereby certify that the foregoing statements made by me are true. I am aware that if any of the

foregoing is willfully false, I am subject to punishmant.

Dated: AugtJst 31, 2017. ,/2�-·

�
Jchn F. Bracaslia Jr.
't/ ll81HX3
Fr�m: Amanda [mallto:acaps1519@yahoo.comj
Sent: Monday, August 14, 2017 8:47 PM
To: John F. aracaglia Jr. <bracaglla@centraljerseylaw.com>; Jlmmyjane@msn.com
Subject: Request docs.

Hero is the document that you had requested. As you can sec I am the legal owner of triple c reality corporation as of 1/15/14.
Hopefully we can resolve this matter in a civilized fashion. l am willing to sit down with you and see ifwe can come to ll11 agreement
·
without any further litigation. '
Please respond to me via email.
Sincerely,
Amanda Caponegro- 1/3 owner of triple c reality.

1
PRICE, MEESE, SHULMAN & D"ARMINIO, P.C.
Mack•Cali Corporate Center
50 Tice Boulevard
Woodcliff Lake, NJ 07677
201-391-3737
Attorneys for Plaintiff
John R. Edwards, Jr., Attorney ID# 027421985

2536 Route 22 Investors LLC, SUPERIOR COURT OF NEW JERSEY

LAW DIVISION
Plaintiff, UNION COUNTY

vs.
DQCKETNO.: UNN-L-1479-17
GREG CAPONEGRO, and TRIPLE C REALTY,
INC. MEMORANDUM OF LAW IN SUPPORT OF
ORDER TO SHOW CAUSE
Defendants.

PRELIMINARY STATEMENT

2536 Route 22 Investors LLC. ("2536"), Plaintiff, seeks relief pursuant to New Jersey

Court Rule 1: I 0·3, entitled "Relief to Litigant," for an order directing Defendant Greg

Caponogro ("Caponogro"), as well as his daughter, Amanda Caponegro, and his sister,

Georgiann Caponegro, to cease and desist from interfering with the Plaintiff's contract. This is

the third similar application against Caponegro, who apparently has enlisted his daughter, and

possibly his sister, to join in the obstructionist tactics.

STATEMENT OF FACTS

1.11e First. Round 1

2536 is a New Jersey limited liability company formed at the direction of Bruce Jeffery

("Jeffery") for the purpose of purchasing and taking title to a commercial retail property

commonly known as 2536 Rt. 22, Union, New Jersey (the "Property"), The Property is currently
1
The First and Sec;ond Rounds as captioned are the facts provided to tl1e Coun in prior s11bmissions, and arc
repeated for ease of reference and context of the current problems.

1
owned by Triple C Realty, Inc. ("Triple C"), .Jeffery had been in discussions with .lane Clarke

("Clarke"), the two-thirds majority shareholder of Triple C, which discussions resulted in an.

offer of purchase.

Clarke held a shareholders' meeting with Defendant Greg Caponegro ("Caponegro") to

discuss the offer, and Triple C later accepted the offer over the objection of Caponcgro, which

was its right to accept pursuant to N.J.S.A. 14A:10-l 1. The meeting was attended by Triple C's

transactional counsel, John Brncaglia.

In apparent retaliation for the proposed purch;i;;e agreement, Caponegro first posted a

defamatory sign along N.J. State Highway 22 in Union, New Jersey. The sign stated "JEFFERY

REALTY.ROBBED ME." Jeffery Realty is pursuing its rights against Caponcgro through a

separate defamation action in Union County, bearing Docket Number UNN-C-057- 17.

Caponegro agreed to remove the offending sign prior to the return date of the order to show

cause, and did remove it. Caponegro also retained John Paragano, Esq. to represent him in this

matter,

Additionally, on April l 3, 2017, Caponegro called Jeffery directly, and made a series of

threatening statements including, but not limited to, an intent to interfere with the contract

between 2536 and Triple C. The subject litigation involves Caponegro's Tortious Interference

with Prospective Economic Advantage of2536 regarding the purchase of the Property.

At the direction of Triple C's attorney, Mr. Bracaglia, Jeffery had the front door lock on

the Property changed, ahd sent the key to Mr. Bracaglia. Jeffery's office received a call on April

28, 2017 that someone smashed several glass windows of the Property, and was walking inside

the building. TI1e police were dispatched. Caponegro then called Jeffery also on the 28th and

asked about the locks. Caponegro ranted with vulgarities and threatened Jeffery. Jeffery then

2
offered to Mr. Bracaglia to have the building boarded to properly secure it. All front and. side

windows were smashed, including the front door. A photograph or tl'lc damage after being

boarded was prcvlcrusly submitted.

Separately, the prOCC$S server served the complaint on Caponcgro on the evening of May

2, 2017 and relayed that Caponegro '·stormed to the door" and slammed it while in�tructing his

adult son not to accept the papers. The process server announced in a loud voice that the service.

was complete and attached the papers to the door.

Subsequently, contractual inspections of the Property were attempted and Caponegro

interfored with the inspections, The first interference was when Caponcgro told the utility

company representative, who was "marking out" the utility locations on the Property as a

prerequisite for environmental testing, that they had to get off the Property. The good offices of

Mr. Paragano were sought.to avoid the continuing problems. On May 9,2017, Mr. Paragano,

while reserving his client's rights, agreed that the in�pection� could go forward. Then, it was

di�covered that Caponegro had again changed the locks, so keys were requested for the

inspection of the building. Despite assurances from him, the keys were never delivered.

On May 18, 2017, an environmental inspector appeared at the Property to conduct

inspc:ctions outside of the building. The inspector reported being threatened by Caponegro to get
f
of his property, so.the inspector could not complete his work and had to leave the Property,

Also on May 18, 2017, it was learned.that Clarke had reported that Caponegro had passed

out flyers with her home and work numbers on them, Clarke has been receiving disturbing calls

throughout the day and.the night.

3
The Second Round

After the Court entered its order of June 9, 2017 prohibiting Caponcgro from

interfering with the contract, with the cooperation of lhe majority shareholder of Triple C and the

seller's attomcy, the professionals were re-scheduled to conduct their respective ins11ections.

They appeared at the Property on June 22, 2017. The majority shareholder of Triple C and Mr.

Bracaglia gave pc:rmission for Jeffery to bring a locksmith to gain access to the building on the

Property, and to change the locks. Jeffery was also authorized to replace the front door glass

(previously destroyed), and shown in an exhibit to his prior certification.

At approximately l l :00 a.m. when Jeffery arrived at the Property, the

environmental assessment with 3-4 employees drilling soil samples was ongoing. Caponegro

was harassing Jeffery's propeny manager and roofer for entering the building without his

authorization. He was screaming and cursing, and provoking them with his finger within inches

of their faces while screaming and carrying on. When Caponegro saw Jeffery he came within

inches of poking Jeffery in the face. If Jeffery had not stepped back several feet and turned

around, Jeffery had no doubt Caponegro would have struck him.

Instead of fighting, Jeffery called the police. Caponcgro continued to shout vulgarities

into Jeffery's face, threatening him, his wife, his childrf.!11 and his mother with every conceivable

foul/offensive word one can imagine. Two polict: officers first appeared, and then two more.

Caponegro continued his vulgarity and taunting in front of the police until the police repeatedly

told him to stop, .md then separated the parties. Caponegro continued to follow Jeffery around

the Property as Jeffery tried to elude him, As detailed in a prior submission to this Court,

Caponegro was seen later that day at the Property with the newly installed glass destroyed.

4
 Jeffery's July 28,2017 certification to this Court established that on July 27, 2017, he

went to gain access to the building as part of his further due diligence, and preparing for closing.

That's when he found a key had been snapped in the lock, rendering the lock un-useable. He has

replaced the lock four times. The previously submitted photo shows that someone had been

"hacking" at the lock, leaving new visible marks. On that same day, Jeffery noticed a black SUV

in the parking lot to the west of the subject properly on Route 22. The July 28, 2017 Jeffery

certification details that it was Caponegro following Jeffery through a number of locations in

dil1ernnt towns. When questioned, Caponegro said to Jeffery, again, God has mysterious ways of

dealing with things, and asked Jeffery about his children.

The Third Round

On August 3, 2017, the Honorable Kenneth J, Grispin, J.S.C. entered an order finding

Caponcgro to be in contempt of Court. Thal order, inter alia, references Caponegro having

acknowledged that he is a minority �h,1rcholdcr of Triple C.

On August 11,2017, Caponcgro called Mr. Barcaglia and said that he, Caponegro, docs

not own a one-third share of Triple C, and that it is owned by his daughter. He also told Mr.

Bracaglia that because of the ownership, the Court order is invalid and the whole process has to

start again. Caponllgro statt:d that his daughter may be filing a separate action to stop the sale. On

August 14, 2017, a transfer certificate purportedly dated January 14, 2014 from a Georgiann

Caponegro was presented to Mr, Bracaglia by Amanda Caponcgro vie e-mail asserting that

Amanda owned the shares. Upon information and belief, Georgiann Caponegro is the sister of

Caponegro and Amanda Caponegro is the daughter of Caponegro.

5
 Mr. Bracaglia was not made aw,rre of any alleged trrd.!1sfer of shares by Caponegro or _by

Jane Clarke or by anyone else prior to August 14, 2017. Again, Caponegro presented himself as

the minority shareholder at the shareholders' meeting at which the subject sale was discussed.

LI�GAL ARGUMENT
New Jersey Court Ruk: l: I 0-3, entltled "Relief to Litigant,'' provides in pe1tinent part

that a litigant in any action may seek relief by application in the action. Id. The subject action

was commenced based upon Caponegro's improper interference in the contract between 2536

and Triple C. Since entering into that contract, Caponegro 's conduct has been extreme and

outrageous. Caponcgro has tlu-catcned Jeffery, Caponegro hits threatened the utility

representative. Caponcgro has threatened the environmental inspector. Caponegro has damaged

the building. Caponegro publicly has distributed Clarke's private phone numbers. Those

activities resulted in the August 3, 2017 order finding him to be in contempt of Court, but that

did not dissuade him.

The recent actions of Caponegro violate the non-interference order entered by the Court

on August 3, 2017. As setforth above, it appears that Amanda Caponegro iias become a willing

participruit in the tortious interference with the subject contract of sale, and possibly in willfol

violation of the August 3, 2017 order. 2 Georgiann Caponegro's active participation in the current

interference is presently less clear. However, N.J,S.A. 14A:5-5, entitled, "Notice of

Shareholders' meetings," explicitly states that notice of meetings must be given only ''to each

shareholder ofn:cord entitled to vote at the meeting." The record is clear that Amanda

Caponegro was not the shareholder of record at the time Triple C met to consider the Jeffery

offer. Caponegro was the �hareholder ofrecord and he did participate in the meeting with Clarke

'An amended complaint hns been drsllcd and a request to file it will be made based upon the extent of interforcncc,

6
and with Mr. Bracaglia. Of course, the statute makes perfect sense because corporations would

not be able to function at all if coiporatc actions could later be challenged by unknown

shareholders asserting retroactive notice rights. The proposition of such retroactive rights to

notice is absurd.

As any interest that Amanda Caponegro allegedly may have had wa:, not brought to the

corporation's attention until August 14, 2017, it had no legal impact on the prior majority

approval of the sale of the property. Th� current assertions that Caponcgro is not the minority

shareholder of Triple C, so that the prior orders of this Court are void, has no support in the law,

in equity, or in logic. Instead, the assertions are a continuing improper interference with the:

subject contract of sale and a violation of the August 3, 2017 order.

The August 3, 2017 order included a provision that any challenge that Caponegro had a,�

a minority shareholder could be addressed in a separate action for money damages between him

. and Clarke. It was not to inteifere with the sale, which sale is to proceed. We respectfully request

that a brief hearing be held at which time Amanda Caponcgro and Georgiann Caponcgro may be­

asked to confirm on the record that whatever rights they may or may not possess as shareholders

of Triple C, they may not interfere with the subject sale. Any claims they have similarly would

be asserted in a separate action for monetary damagess, the S,UTie as applicable to Caponegro in

the August 3, 2017 order.

CONCLUSION

For each of the foregoing rc:asons, we respectfully request a hearing with the presence

of Greg Caponcgro, Amanda Caponegro and Georgiann Caponegro to confirm that whatever

rights they may or may not possess as shareholders of Triple C, they may not interfere with the

7
subject sale. Any claims they have for sale proceeds must be asserted, ifat all,.in a separate

action between the shareholders.

Respectfully submitted,

Price, Meese, Shulman & D' Arminio, P.C.

By:
September 1, 2017

8
'

PRICE, MEESE, SHULMAN & D'ARMINIO, P.C.

Mack-Cali Corporate Center
50 Tice Boulevard
Woodcliff Lake, NJ 07677
20!-391-3737
Attorneys for Plaintiff
John R. Edwards, Jr.. Attorney ID# 027421985

2536 Route 22 Investors LLC, SUPERIOR COURT OF NEW JERSEY

LAW DlVJSlON
Plaintiff, UNION COUNTY

vs.
DOCKET NO.: UNN-L-1479-17
GREG CAPONEGRO, and TRIPLE C REALTY,
INC. 1,
PROOF OF SERVICE
Defondant.

John R. Edwards, Jr., of full age, hereby certifies as follows:

1. I am an attorney at law and a principal of Price, Meese, Shulman & D'Arminio,
P.C., counsel for Plaintiff in this matter.
2. On this date I served a copy of the within Order to Show Cause, Memorandum of
Law in Support of Order to Show Cause, and Certification of John C. Bracaglia, Jr., Esq. on the
following via UPS overnight courier service
John Paragano, Esq.
1945 Morris Avenue
Union, NJ 07083
and via electl'Onic flling/courts.judiciary.state.nj .us/

John F. Bracaglia, Jr., Esq.

Savo Schalk Gillespie O'Grodnick & Fisher, PA
77 N, Bridge: Street
Somerville, NJ 08876
and via email bracaglia@centraljerseylaw,com
Amanda Caponegro
3114 Park Place
Springfield, NJ 07081
and via email; ,\caf)S l SI 91'iilyaho0.corn.

1
Triple C Realty, Inc., is joined Man interested party only. 1t is not alleged that It has done anything wrong.
 Georgiann Caponcgro
3408 Park Place
Springfield, NJ 07081

3. I certify that the foregoing statements made by me arc tnic. I am aware that if any
of the foregoing statements made by me are false, I am subject to punishment.

ff. 7«:;:�<�
Dated: September I, 20 I 7
 UNN-L-001479-17 10/06/2017 ·11:55:28 AM Pg 1 of 3 Trans ID: LCV2017295269

FI l ED
PRICE, MEESE, SHULMAN & D' AR.!\i.lINIO, P.C. OCT ro 2017
Mack•Cali Corporate Center
50 Tice Boulevard l�ENNETH J. GRISPIN, P.J.C.v.
Woodcliff Lake, NJ 07677
201-391-3737
Attorneys for Plaintiff
John R. Edwards, Jr.,Attomey ID# 027421985

2536 Route 22 Investors LLC, SUPERIOR COURT OF NEW JERSEY

LAW DIVISION
Plaintiff, UNION COUNTY
VS,
DOCKET NO,: UNN - L - 1479-17
GREG CAPONEGRO, and TRIPLE C
REALTY; INC. FINAL ORDli:R FINDING DEFENDANT
Defendants, CAPONECRO IN CONTEMPT OF COURT,
ALLOWING SALE TO PROCEED AND
DISMISSING RElVIAINING CLAIMS

THIS MATTER initially having come before the Court on June 9, 2017 by way of a

motion in ,1id of litigant's rights filed by Price, Meese, Shulman & D' Arininio, P.C: (John R.
Edwru-ds, .Jr., Esq., appearing), attorneys for 2536 Route 22 lnvestors LLC ("Plaintiff"), on

notice to J. Pa:ragano, LLC, attorneys for Greg Caponei;,'1."o (John Paragano, Esq, app,;:aring) and
Dll notice to Mai1ro Savo Camerino Grant&: Scl1alk PA, attomeys for Triple C Realty, Inc. (John
F. Bracaglia, Jr.); nnd the Honorable Thomus J. Walsh, j,s,c. having issued an order on June 9,

2017 I.hat Defonda11t Greg Caponegw must immediately cease and desist from any interference
with the contract between Plaintiff and Triple C Realty, Inc. except, ifat all, through the proper
judicial processes in this case; and

Plaintiff having brought to the Court's atti:ntion a violation o:f thc Order on Juno 22, 2017
,1./tltt N'.l,t,;R.j (1M,� f£.,
at which time Defendant Greg Caponegr91was acct1Sed of causing ,1dditional phy�ical damage to

the property, threatening Bruce Jeffery, and chasing Plaintiffs expert inspectors from the

�{JiYti
 UNN-L-001479-17 10/06/20171·I:55:28AM Pg 2 of3 Trans ID: LCV2017295269

property necessitating the police to intervene at U1e property, ali as supported by 'the certification

of Bruce Jeffery dated June 23, 2017 containing a narrative of the events of that date; and the

"fiu, Honorable TI1omas J. Wnlsb, J.S.C. having issued an Order to Show Cause on July 6,
2017 ·that Defendant Greg Caponegro appear before the Honorable Kenneth J. Crispin, P,J, Civ.

on July 21, 2017 with an opportunity to submit opposing papers by July 13, 2017 (which he
elected not to do), which rctum date was extended until August 3, 2017; and_ Jt appearing by

supplemental certification of Bruce Jeffe1-y dated July 28, 2017 that further damaging and

threatening behavior occurred on July 27th ; and Messrs. Caponegro, Paragano and Edwards,
respcct)vdy, appeared before the Honorable Kenneth J. Grispin, P.J. Civ. on August 3,2017, at
which timll Caponegro _was found to be in contempt of Court, which order, inter alia, references
Caponegro having acknowledged that he is a minority shareholder of Triple C Realty, Inc.; and

As supported by the certi:ficatlon of Jahn F, Brucaglia, Jr,, Esq., on August 11, 2017,
Caponegro called Mr. Bal'Caglia denying his minority shareholder ownership and alleging that

the prior orders of_this Court were of no effect because Amanda Capo11egro owned the minority
shares having received them from Georgiann Caponegro; and the Court having directed that nll

interested persons appear on September 29, 2017 to address thest: statements, at which time

ce1tain testimony was heard; and the Court having continued the matter until October 6, 2017,
at which time additional testimony was l1eard; and the Court having considered the arguments of

the respective couu.sejl(and interested persons, .:ind having considered the pleadings submitted;
W1d for good ca.use shown as set forth on the record;
rh
IT IS on this / Q _.-day of October, 2017,
ORDERED that the order of August 3, 2017 restraining Gn:g Caponcgro, Sr. from
appearing at the property, i.e., 2536 Route 22, Union, New Jersey, or from interfering with llllY
 • UNN-L-001479-17 10/06/2017 1'1 :55:28 AM Pg 3 of 3 Trans ID: LCV2017295269
•

of the partieii or persons involved in the contract shall remain in ful!Jorce and effect; and it fa

further

ORDERED and adjudged, and this Court so finds, that notice of the shareholders'
. . i,.t,,1,;,;lt.::t.lv . ..
meeting was sent to Jane Clarke and Greg Capon1:gro, Jr. as th 71 only recdrd owners of Triple C
Realty, Inc, at the time the corporate decision was made to enter into the subject contract of sale;
and that Jane Clarke and Gr,:,g Caponegro, Sr. appe:u-,;:d at the meeting with corporate counsel;

. ru1d Greg
.
Caponegro, Sr. though apparently having not di�closed that he was present as the
.
)

agent for Greg Caponegro, Jr. fd attend the meeting; and it is further
.

ORDERED nnd adjudged that the contemplated sale shall proceed to closing 'll�thout

further interference by any of the Caponegros, which sale shall allow TriplcC Realty, ln(.:, to
. ,.f{relJjm.,�o,,/.(,J.f),;r,t .
convey title unencumbered by !he minority share interests, upon tlie sign ature of Jane Clarke

only, as majority shareholder of Triple C Realty, Inc.; and it is further

OIIDERED that if any of the Caponegros decide to dispute whatever amounts may be
due to them from the sale proceeds as a minority shareholder, they may do so in a sepai'ate ac!ioq
with Jane Clarke, which action shall not affect the title to be conveyed by Triple C Realty, Inc.;
and it is further

ORDERED that Plaintiffs n:mu.ining claims ill this litigation are voluntarily dismissed;
and it is further
ORDERED that a a copy of this Order shall be served upon all parties within L days
of the date hereof.

�
HON. KEN�J�fN, PJ. CIV.