Case Law Summaries

Rosenblum v. Zoning Board of Adjustment of the Borough of Closter

ZONING; VARIANCES — Conditions placed on the grant of a use variance can be used to satisfy the negative criteria test in the grant of that use variance.

• Opinion Date: October 17, 2011
• Real Property Law

Gina Marie, L.L.C. v. City of Hoboken

RENT CONTROL — Where a rent control ordinance requires both a registration statement and vacancy decontrol certificate to be filed before a vacancy decontrol rent increase can be granted, it doesn’t matter if, over prior years, the rent control board did not strictly enforce that requirement.

• Opinion Date: October 11, 2011
• Real Property Law

Aurora Loan Services, LLC v. Toledo,

FORECLOSURE; LOANS —A foreclosing lender’s affidavit in support of a judgment in a mortgage foreclosure action must be based on a personal review of its business records or those of its loan servicer.

• Opinion Date: October 18, 2011
• Real Property Law

Maloney v. Ali

HOMEOWNER WARRANTIES — The initiation of procedures to enforce a remedy under the Home Warranty Act constitutes an election barring the homeowner from all other remedies and, in this context, “initiation” means the filing of a claim even if the claim is subsequently withdrawn.

• Opinion Date: October 17, 2011
• Real Property Law

Hawkins v. Weichert Title Agency

TITLE INSURANCE — The holder of a title insurance policy faced with a quiet title claim for a piece of its property lying outside of the metes and bounds description insured by its title policy, the policy holder has no coverage for that claim.

• Opinion Date: September 28, 2011
• Real Property Law

Delli Santi v. Golden Key Realty

CONSUMER FRAUD ACT; DEEDS; MERGERS — New Jersey’s Consumer Fraud Act overrides the common law doctrine of merger by deed such that a consumer can sue based on a representation that merged into the deed delivered at closing.

• Opinion Date: September 23, 2011
• Real Property Law

Schepisi & McLaughlin v. Manos

CONTRACTS; ATTORNEYS — Even if a law firm deviates from its client’s instructions on legal strategy in litigation, such as that over an easement agreement, it is not bound to file its client’s non-lawyer strategy plan.

• Opinion Date: September 19, 2011
• Real Property Law

Seavey Construction, Inc. v. St. Peter

CONSTRUCTION LIENS; ARBITRATION — An arbitrator’s decision with respect to the amount of a construction lien claim is not, as a matter of law, a final merits disposition and is not to be considered final in any legal action or proceeding and is not admissible for any purposes in any other action or proceeding, such as a suit under the Consumer Fraud Act.

• Opinion Date: September 19, 2011
• Real Property Law

The Galbreath Company Alexander Summer Division, L.L.C. v. Noise Unlimited, Inc.

BROKERS; COMMISSIONS; LEASES — Where a landlord agrees to pay commissions to its broker not only for the original lease but for extensions as well, the landlord is liable to pay those commissions even if the original tenant’s assignee holds the lease at the time the lease term is extended.

• Opinion Date: April 29, 2011
• Real Property Law

Aries Investments, LLC v. First American Title Insurance Company

TITLE INSURANCE — When a title policy is issued to a named insured, an affiliate of that named insured who may have actually been the lender is not covered and therefore there can be no claim against the coverage.

• Opinion Date: April 20, 2011
• Real Property Law