By Noah Botwinick | Published October 6, 2023 | Posted in Blog | Comments Off on “AS IS” PROVISION IN REAL ESTATE CONTRACT NOT ENOUGH TO EXCUSE WITHHOLDING MATERIAL DEFECTS, APPELLATE DIVISION FINDS
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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
Read MoreLaw Firm Stops Franklin Township Two Warehouse Proposal
Lieberman Blecher & Sinkevich has prevailed in its effort to block a warehouse proposal in Franklin Township, Somerset County, New Jersey. The project, referred to as the “B9” application, was to construct two warehouses near and along what the Township refers to as a scenic corridor. On September 26, 2023 the Franklin Township Planning Board Read More
Read MoreAppeals Court upholds decision to deny variance request for easement under Green Acres
A recent decision by the Superior Court of New Jersey’s Appellate Division had affirmed the decision of a New Jersey trial court grant of the Defendants’ dismissal of the complaint and motion for summary judgment. Plaintiff’s complaint cited various statutes concerning disability accommodations which were inapplicable given the circumstances. In Julian Leone v. Howell Township, Read More
Read MoreAppeals Court upholds decision to essentially eliminate Jersey City’s Historic Preservation Process
A recent decision by the Supreme Court of New Jersey’s Appellate Division demonstrates how the courts have essentially eliminated Jersey City’s Historic Preservation Review process. In Joseph Berardo v. City of Jersey City, Zoning Board of Adjustment of the City of Jersey City, Historic Preservation Commission of the City of Jersey City, and Margaret A. Read More
Read MoreAppeals Court upholds decision to deny hardship variance due to lack of evidence
A recent decision by the Superior Court of New Jersey’s Appellate Division had reversed the decision of a New Jersey trial court grant of remand. Plaintiff’s hardship application and hearing failed to provide sufficient evidence for the board to grant a hardship variance. In Ebury Re, LLC, v. Township of Mount Olive Planning Board, plaintiff Read More
Read MoreAPPELLATE 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
Read MoreNational Cancer Institute Launches Studies to Investigate Link Between PFAS and Various Cancers
Perfluorooctanoic acid (“PFOA”) is one of thousands of chemicals in a family known as per- and polyfluoroalkyl substances (“PFAS”). In 2017, the International Agency for Research on Cancer (IARC) identified PFOA as a possible carcinogen in humans. To further science’s understanding of the carcinogenicity of PFAS, the National Cancer Institute’s (“NCI”) Division of Cancer Epidemiology Read More
Read MoreCourt 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
Read MoreTaking Your Work Home: New Jersey Supreme Court Extends Liability for Workplace Exposure Beyond Spouses
In a recent unanimous decision, the New Jersey Supreme Court ruled that employer liability for employee workplace exposure may extend beyond a worker’s spouse. On remand from the Third Circuit Court of Appeals, the Court in Brenda Ann Schwartz v. Accuratus Corporation considered whether the premises liability rule set forth in Olivo v. Owens-Illinois, Inc., Read More
Read MoreBioremediation May be in Store for Lower Passaic River
Bioremediation May be in Store for Lower Passaic River Two companies have decided to fund a pilot project aimed at determining whether “bioremediation,” the use of bacteria to decrease the presence of cancer-causing compounds, can be used to clean up the lower stretch of the Passaic River. The measure announced by Maxus Energy Group, Inc. Read More
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