By Noah Botwinick | Published December 27, 2022 | Posted in Landlord/Tenant | Tagged Tags: Landlord & Tenant Claims, Res Judi | Comments Off on No res judicata defense in commercial landlord tenant case
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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
Read MoreCommercial Landowner’s Duty to Remove Snow and Ice During a Storm
In New Jersey, do commercial property owners have a duty to remove snow and ice from their property while it is still snowing or raining? Except in unusual circumstances, the New Jersey Supreme Court says no. On June 10, 2021, the New Jersey Supreme Court in a 5-2 decision held that a commercial landowner does Read More
Read MoreNew Jersey Courts Make it Easier for Commercial Landlords to Change the Locks and for Lenders to Foreclose
The COVID pandemic began in March of 2020 and placed many individuals, businesses and mortgage lenders in circumstances which seemingly only ever existed in their wildest dreams. Among those impacted by the pandemic, were landlords and tenants, both residential and commercial. Landlords needed to continue collecting rent, or have the ability to find tenants who Read More
Read MoreAppeals Court Critical of Law Firm’s “Scorched Earth” Collected Tactics in Landlord Tenant Case
Law firms hired by landlords in collection actions against tenants can be liable to pay the tenant both statutory penalties and attorneys fees if they use improper collection practices. That’s the ruling in an appeals court decision in the case of Kelly Williams v. Gluck & Tobin Esquires and Irving Tobin, which upheld an attorneys Read More
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