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Pegill, Inc. v. 4 Palms, Inc.

LEASES; OPTIONS — Where a tenant, in order to exercise a purchase option, is required to include a deposit with its notice of exercise, but has a fear that such money might be diverted, it can seek such alternatives as depositing the money with court or seeking restraints against misapplication, but its failure to make the payment will otherwise be fatal to the option exercise.

University Cottage Club of Princeton v. Princeton Bor.

TAXATION; APPEALS — If a taxpayer only appeals its failure to receive a tax exemption, it cannot pursue an over evaluation complaint if time has run out for such an appeal even though its exemption may have been denied.

In Re Johnson & Johnson Derivative Litigation

CORPORATIONS; FIDUCIARY DUTY — To infer that the majority of a corporation’s board of directors acted in bad faith by failing to properly oversee a company, the shareholders need to show that the directors knew or should have known that violations were taking place and that the directors took no steps to prevent or remedy the situation, not merely that the directors did not respond appropriately to “red flags.”

Bondi v. Citigroup, Inc.

CORPORATIONS; FRAUD — In an action for fraud and similar activities by a company against a third party, such as its bank, the third party may be protected by the in pari delicto doctrine, and the wrongs of a company insider will be imputed to the company unless the insider was acting solely for his or her own benefit and adversely to the interests of the company.

Wachovia Bank National Association v. The Credit Doctor, Inc.

LOANS; GUARANTIES — Just because a guarantor dies does not mean the statute of limitations in enforcing that guaranty runs from the date of death and the statute of limitations governing promissory notes may not be the same as for guaranties where the guaranty is a separate and distinct document.

Housing Authority of the City of Bayonne v. Hanna

EVICTION; HOUSING AUTHORITY — Just because a jury finds that a public housing tenant fraudulently concealed or misrepresented an ownership interest in other property, such a verdict does not automatically entitle the housing authority to damages or give it the right to evict the tenant.

Briar Rose Group, Inc. v. Planning Board of the Township of Denville

ZONING; VARIANCES — Since variances should be granted sparingly, courts give much greater deference to a variance denial than to a grant.

Cam Gar v. Verona Township

TAXATION; CHAPTER 91 — Just because a tax assessor does not receive a Chapter 91 response, does not mean that the taxpayer did not send it; therefore, a taxpayer has the right to present credible evidence that it responded to the Chapter 91 request even though the assessor may not have received it.

Triffin v. Progressive Freedom Insurance Company

DRAFTS — A draft, unlike a check, is not a negotiable instrument and the assignee of a draft has no greater rights than its assignor had.

Bonnabel v. Township of River Vale

COAH; BUILDER’S REMEDIES — If a court does not wish to rule on a builder’s remedy suit during the pendency of an ongoing Council on Affordable Housing suit, it should not dismiss the builder’s remedy suit if its concerns can be alleviated by measures other than a dismissal.

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