by Gary Nissenbaum | May 29, 2014 | Construction & Commercial Real Estate Law Blog
How do you sell something you don’t know if you own? That may sound like a nonsensical question, but there are many situations in which it comes up under the law. The typical example is with respect to real estate. Many times the real estate records do not tell the...
by Gary Nissenbaum | Feb 5, 2014 | Construction & Commercial Real Estate Law Blog
When asserting damages under the New Jersey Prompt Pay Act, what evidence should be submitted to the Court? That issue was discussed in United States v. APS Contracting, Inc., CIV. 11-779-KMW, 2013 WL 530576 (D.N.J. Feb. 11, 2013). In that case, Plaintiff, Cardinal...
by Gary Nissenbaum | Jan 28, 2014 | 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 als., Superior Court of New Jersey, Law Division,...
by Gary Nissenbaum | Jan 28, 2014 | Construction & Commercial Real Estate Law Blog
What is spot zoning? That was one of the questions before the Appellate Division of the Superior Court of New Jersey in Hal Holding, LLC v. Mount Laurel Township, Superior Court of N.J., Appellate Division, A-1340-10T2 (May 4, 2012.) In that case, the parties were...
by Gary Nissenbaum | May 14, 2013 | Construction & Commercial Real Estate Law Blog
The Consumer Fraud Act (“CFA”) aims to protect New Jersey consumers from unfair and unethical trade practices. In part, the CFA attempts to do this by requiring businesses to disclose certain information in writing when dealing with consumers. The CFA’s goal is to...
by Gary Nissenbaum | Apr 29, 2013 | Construction & Commercial Real Estate Law Blog
In McCarthy v. Turner Construction, Inc., 17 N.Y. 3d. 369 (2011), Boston Properties, Inc. and Time Square Tower Associates, LLC (collectively “Property Owners”) leased a retail storefront to Ann Taylor, Inc. (“Ann Taylor”). Subsequently, by agreement...
