Category: 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

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

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

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

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

NTH250E, L.L.C. v. Global Toys Acquisition LLC

LEASES; ASSIGNMENTS — Where a lease does not expressly call for money to be paid to the landlord upon the reorganization of a tenant’s parent company and where the parent company remains the owner of the tenant after the reorganization, no assignment fee will be payable to the landlord even if the fee would otherwise be payable upon assignment of the lease because, among other things, the tenant receives no consideration from the reorganization of its parent company.

• Opinion Date: March 3, 2011

Deutsche Bank National Trust Company v. Mwangi

MORTGAGES; FORECLOSURE — When a homeowner is given an additional ninety days within which to redeem so that the homeowner and its lender could engage in foreclosure mediation, it will not be given a further extension just because the homeowner had difficulty in collecting its financial documents needed to engage in that mediation.

• Opinion Date: December 29, 2011

HSBC Bank USA, National Association v. Vasquez

FORECLOSURE; FRAUD; BROKERS — Fraud is not an independent basis for equitable relief in a foreclosure action when the fraudulent act alleged to be committed was by a third party, such as by a real estate broker.

• Opinion Date: October 19, 2011

New Providence Apartments Co., L.L.C. v. Mayor and Council of Borough of New Providence

TAXATION; WATER SERVICE — The law that requires sewer system user fees to be uniform and equitable for the same types and classes of use and service of the facilities allows a municipality to exercise discretion to treat single-family homes and apartment buildings either as part of the “same types and classes of use and service” or as two different types of classes use and service.

• Opinion Date: December 1, 2011

Black River & Western Corporation v. Bucks County Water & Sewer Authority

EASEMENTS; DEEDS — Where the easement language in a deed does not dictate a clear result in favor of any party, a hearing must be held to resolve factual issues such as the circumstances under which the initial grant was made.

• Opinion Date: November 4, 2011