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Noah Botwinick
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Court Affirms Tenants Obligation to Pay Rent Despite Covid-19 Executive Orders

A recent decision by the Superior Court of New Jersey’s Appellate Division demonstrates how strictly courts will construe lease provisions, even in the face of a pandemic and a strict executive order directly affecting the subject of the lease. In that case, Washington-Hudson Assocs. II v. Town Sports Int’l Holdings, 2023 N.J. Super. Unpub. LEXIS Read More

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Court Upholds Township Board’s Development Application Approval Following a Challenge by an LLC from a Neighboring Borough

This week, in an unpublished decision, the Superior Court of New Jersey’s Appellate Division upheld the North Bergen Board of Adjustment (“Board”)’s approval of an application for development of property in North Bergen after it was challenged by an LLC from a neighboring town (“Plaintiff”). In Riverside Dev. Studies Llc v. N. Bergen Bd. of Read More

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Governor Murphy Announces Plan to Require 100% Clean Energy and All-Electric Cars by 2035

This week, Governor Murphy signed Executive Order No. 315, accelerating New Jersey’s goal of reaching 100% clean energy in the state by the year 2035. The State had previously declared a goal of reaching this target by the year 2050. The Governor also announced that it is initiating the process to adopt Advanced Clean Cars Read More

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Indemnification Provision Entitles Former Condominium Association Trustee to Recover Certain Fees and Costs for First-Party Claim

Last week, New Jersey’s Appellate Division found that a former trustee of a condominium association’s board was entitled to recover certain fees and costs pursuant to the association’s indemnification provision. In that case, Boyle v. Huff, 2023 N.J. Super. Unpub. LEXIS 85, a trustee (Plaintiff) who had been kicked off a condo association’s board filed Read More

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Court Affirms DEP Direct Oversight of Remediation Efforts of PFAS Polluting Plant

  This week, in In re Dep’t of Envtl. Prot. Direct Oversight Determination, No. A-0635-20, 2023 WL-125229 (App. Div. Jan. 9, 2023), New Jersey’s Appellate Division affirmed a Department of Environmental Protection (DEP) determination that a manufacturing plant was subject to direct oversight of its remediation of discharged hazardous substances. In 2019, the DEP issued Read More

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Insurance Providers Exempted from Providing Coverage Under Policy’s Pollution Exclusion

In an unpublished opinion about an insurance coverage dispute, the Superior Court of New Jersey’s Appellate Division held last week that prior owners of a polluted property who were sued by the current owners were properly denied coverage by their insurance providers because of a pollution exclusion contained in the prior owners’ comprehensive general liability Read More

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Court Rules Proceeds of a Partition Should be Equally Distributed Between Property’s Co-Owners

This week, the Superior Court of New Jersey’s Appellate Division affirmed the Chancery Division’s holding that the net proceeds of a partition by sale of property should be equally distributed between the property’s co-owners. In Gabriel v. Wallace, No. A-2449-21 (App. Div. Dec. 28, 2022), two individuals had purchased a piece of property as tenants Read More

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No res judicata defense in commercial landlord tenant case

The Superior Court of New Jersey’s Appellate Division recently reversed a trial court’s decision to deny a property owner’s motion for reconsideration after the Law Division in Morris County determined that the doctrine of res judicata precluded the claim. In Phillipsburg Deli & Mini Mkt., LLC v. Babla Fuel Stop, LLC, No. A-1792-21 (App. Div. Dec. 8, 2022), a Read More

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Condo Liability In Snow Storms

by: Noah Botwinick The Superior Court of New Jersey’s Appellate Division recently overturned a grant of summary judgement to a defendant community association sued by a pedestrian who slipped on ice in a condominium parking lot within an hour of a snowstorm, citing an exception to the recently adopted ongoing storm rule. In Hanna v. Woodlan Cmty. Ass’n, No. A-0277-21 (App. Div. Nov. 17, 2022), a plaintiff condominium Read More

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In The Media

  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

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  • Town liable for private company's leaking underground tanks, court rules Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

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  • Dark Waters: How a Class Action Catapulted NJ to Forefront of 'Forever Chemicals' Battle

    NJ Law Journal Jan 09, 2020

    As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.

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