Blog

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Will the Economic Loss Doctrine Bar a NJ Negligence Claim if That Would Result in the Plaintiff Having No Remedy at All?

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...

Does the New Jersey Declaratory Judgments Act Grant Rights to a Party Affected by a Municipal Ordinance?

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.,...

What Constitutes Constructive Eviction For A Commercial Tenant?

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...

Will a Commercial Tenant Have to Pay Rent While The Landlord Makes Renovations to the Property That Cause The Tenant to be Constructively Evicted?

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...

What is Inverse Condemnation and How is it Applied When Ownership of the Land Changes?

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In an unpublished opinion, the Appellate Division of the Superior Court of New Jersey addressed the difficult issues surrounding inverse condemnation.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...

Is a homeowner who retains and manages contractors for his own home improvement project able to enforce his rights under the New Jersey Consumer Fraud Act (CFA) and New Jersey Contractor’s Registration Act?

by Gary Nissenbaum | May 10, 2024 | Construction & Commercial Real Estate Law Blog

In a published case, the Appellate Division of Superior Court of New Jersey determined that even though a homeowner may have acted as a “contractor” for his own project by retaining and managing all the other contractors, nevertheless, he still had the protections of...