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Noah Botwinick
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MONITORING AN ACCESS EASEMENT WITH CAMERAS AND A RADAR DEVICE IS A PRIVATE NUISANCE, APPELLATE DIVISION FINDS

In a recent unpublished decision, the Appellate Division found that placing cameras and a speed detector in an easement to monitor the speed of the easement holder constituted an actionable private nuisance. In that case, Ursitti v. Wilson, 2024 N.J. Super. Unpub. LEXIS 197, the defendants lived on and operated a business out of a Read More

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“AS IS” PROVISION IN REAL ESTATE CONTRACT NOT ENOUGH TO EXCUSE WITHHOLDING MATERIAL DEFECTS, APPELLATE DIVISION FINDS

A recent unreported New Jersey Appellate Division decision highlights a seller’s responsibility to disclose real estate defects and the limits of “as is” clauses. In that case, Battaglia v. Aversa, 2023 N.J. Super. Unpub. LEXIS 1576, the plaintiff purchased a home. The home inspection did not reveal any potential water issues. The contract explicitly stated Read More

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SLAPPING AWAY SLAPP SUITS: NEW JERSEY’S ANTI-SLAPP ACT

With the passing of the “Uniform Public Expression Protection Act” (S-2802/A-4393) this month, the New Jersey legislature has reaffirmed its dedication to preserving freedom of speech in the state. The Act is designed to protect people from Strategic Lawsuits Against Public Participation (“SLAPP”), which are meritless civil lawsuits filed by powerful entities and individuals solely Read More

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APPELLATE DIVISION PROVIDES NEW PATHWAY FOR INTERESTED PARTIES REQUESTING ADJUDICATORY HEARINGS TO RECEIVE A PROMPT RESPONSE FROM THE DEP

In an important decision decided last week, the New Jersey Appellate Division held that interested parties seeking adjudicatory hearings before the DEP can petition the DEP to rule on the request within thirty days. The case, Musconetcong Watershed Ass’n v. N.J. Dep’t of Envtl. Prot., 2023 N.J. Super. LEXIS 81, was initiated when Hampton Farm, Read More

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Court Affirms Tenants Obligation to Pay Rent Despite Covid-19 Executive Orders

A recent decision by the Superior Court of New Jersey’s Appellate Division demonstrates how strictly courts will construe lease provisions, even in the face of a pandemic and a strict executive order directly affecting the subject of the lease. In that case, Washington-Hudson Assocs. II v. Town Sports Int’l Holdings, 2023 N.J. Super. Unpub. LEXIS Read More

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