by Gary Nissenbaum | May 10, 2024 | Construction & Commercial Real Estate Law Blog
Will the economic loss doctrine bar a claim for negligence if by doing so, the plaintiff will be left without a remedy? That issue was addressed in Spectraserv, Inc. v. The Middlesex County Utilities Authority et al., Docket No. L-2577-07 (Law Div. July 25, 2013). In...
by Gary Nissenbaum | May 10, 2024 | Business Lawsuit Blog
May an individual whose rights have been affected by a municipal ordinance seek a declaratory judgment? The Supreme Court of New Jersey has construed the Declaratory Judgments Act in a way that allows such individuals to seek declaratory action. Bell v. Stafford Tp.,...
by Gary Nissenbaum | May 10, 2024 | Construction & Commercial Real Estate Law Blog
When has a landlord materially deprived its commercial tenant of an expected and intended use of a premises, as required for constructive eviction? The Supreme Court of New York, Appellate Division for the First Department addressed this question. Pacific Coast...
by Gary Nissenbaum | May 10, 2024 | Construction & Commercial Real Estate Law Blog
In 1561 Irving, LLC v. Francisca Lopez, No. A-1150-10T3, 2012 WL 3115043 (N.J. Super. Ct. App. Div. Aug. 2, 2012), the Appellate Division of the Superior Court of New Jersey was presented with the following question: if a landlord makes renovations to commercial...
by Gary Nissenbaum | May 10, 2024 | Construction & Commercial Real Estate Law Blog
In an unpublished opinion, the Appellate Division of the Superior Court of New Jersey addressed the difficult issues surrounding inverse condemnation. Inverse condemnation is when a property owner is deprived of all or substantially all of the beneficial use of the...