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Author Archive
Stuart Lieberman
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Toxic Mercury in Gym Flooring Used by Our Children

By | Published April 23, 2020 | Posted in Commercial Real Estate | Comments Off on Toxic Mercury in Gym Flooring Used by Our Children

We have a giant mercury exposure problem in our New Jersey schools. Rubberized flooring found in school gyms cracks over time. And some, not all of the flooring products have been determined to emit mercury when the cracks form. The cracks become a pathway for the mercury to be released into the environment so that Read More

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COVID -19 and New Jersey Real Estate Transactions

By | Published April 23, 2020 | Posted in Uncategorized | Comments Off on COVID -19 and New Jersey Real Estate Transactions

The real estate industry relies on person to person activity. Real estate sales people meet their clients in person. They show them real estate in person. They hold open houses in person. And then they usually conduct closings in person. Of course this industry has been greatly impacted by COVID-19 and business cannot be conducted Read More

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Federal and State Agencies’ Enforcement Responses to the COVID-19 Pandemic

By | Published April 22, 2020 | Posted in Hazardous & Contaminated Site Remediation, Licensed Site Remediation Professionals (LSRP), New Jersey Department of Environmental Protection (NJDEP), New Jersey Environmental Laws, Site Remediation Reform Act, Spill Compensation and Control Act (Spill Act) | Comments Off on Federal and State Agencies’ Enforcement Responses to the COVID-19 Pandemic

COVID-19 has undoubtedly shocked society and has currently brought life as most Americans know it to a screeching halt. What many Americans fear is that during these trying times, their obligations, whether it be financial or statutorily required, will continue to exist despite non-essential businesses being ordered to close and many people losing their jobs Read More

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Homeowner Associations Must Enforce Social Distancing Rules

By | Published April 22, 2020 | Posted in Community Associations, Condominium Associations, Homeowner Associations | Comments Off on Homeowner Associations Must Enforce Social Distancing Rules

We have seen some community association managers take the position that compliance with government ordered social distancing and stay at home orders are government problems, not community association issues. Lieberman Blecher & Sinkevich sees this in a different light. We believe that community associations cannot ignore these highly unusual public obligations. Community Associations Must Stop Read More

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Five Tips for Tenants with Coronavirus Financial Hardship

By | Published April 22, 2020 | Posted in Uncategorized | Comments Off on Five Tips for Tenants with Coronavirus Financial Hardship

The shutdown of our economy has crippled many companies in New Jersey. Tenants who are operating businesses that have been negatively impacted need help if they will be able to continue now and after the stay-at-home orders are lifted. Even businesses who receive government assistance may very well need financial help to remain viable. Many Read More

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New Jersey Appeals Court Says “Ongoing Storm Rule” No Longer Applies to Commercial Real Estate — Will This Lead to A Slippery Slope?

By | Published April 22, 2020 | Posted in Appeals, Commercial Real Estate, Community Associations, Condominium Associations, Homeowner Associations, Litigation | Comments Off on New Jersey Appeals Court Says “Ongoing Storm Rule” No Longer Applies to Commercial Real Estate — Will This Lead to A Slippery Slope?

For years many lawyers and property owners in New Jersey believed that the “ongoing storm rule” was applicable in this state.  Under that rule a commercial property owner had no duty to treat or remove snow or ice during a storm.  The duty arose after the storm ended at which time reasonable removal efforts had Read More

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Insurance Broker Loses Lawsuit in a Case Involving the “Named Storm Deductible”

By | Published April 15, 2020 | Posted in Appeals, Environmental Issues, Environmental Litigation, Insurance Recovery | Comments Off on Insurance Broker Loses Lawsuit in a Case Involving the “Named Storm Deductible”

Perhaps you are not familiar with the Named Stormed Deductible in insurance policies for commercial operations. If so it might be a good time to visit this issue. The broker in a lawsuit called Wakefern Foods v BWD Group, LLC probably wishes it had a better grasp of this policy provision before it sold an Read More

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Appellate Division Case Demonstrates Importance of Carefully Negotiated Escrow Agreements

By | Published October 24, 2017 | Posted in Environmental Issues, Redevelopment | Leave a comment

Real estate transactions involving commercial and residential properties frequently employ the use of escrow agreements to address potential environmental issues.  This practice is widespread in New Jersey and it permits properties that may have environmental issues to go to closing without first accomplishing a cleanup.  This practice is good for the buyer, good for the Read More

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State of New Jersey Not Liable for pre-1977 Hazardous Discharges

By | Published March 28, 2017 | Posted in Environmental Litigation, Industrial Facilities, Litigation, Spill Compensation and Control Act (Spill Act) | Leave a comment

On March 27, 2017, the New Jersey Supreme Court issued a very important decision concerning Spill Act liability in contribution cases.  In the case of NL Industries, Inc. v. State of New Jersey, the Court held that the State is not liable to pay cleanup costs for “pre-Act” discharges, meaning discharges that occurred before the Read More

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The Exxon Settlement Paves the Way for future reviews of NRD claims

By | Published August 31, 2015 | Posted in Beaches & Coast | Leave a comment

Judge Hogan has tried and overseen many environmental cases and that fact was evident in the over 80 page decision that he wrote last week upholding the frequently maligned $225 million settlement between the state DEP and the oil giant. While many people argued the state should have gotten more, largely because the state itself Read More

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Our Attorneys

In The Media

  • On the Run: Runner/lawyer DeBord out to protect the environment she loves

    Bucks County Herald, January 4, 2024

    When Brittany DeBord runs along the Delaware River canal towpath or on the trails of Tyler State Park, she doesn’t just appreciate the natural beauty of the...

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  • 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

    NJ.com 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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