Thabo v. Z Transportation, ___ N.J. Super. ___ (App. Div. 2017).  Under Rule 4:23-5, failure to make discovery can, in certain circumstances, result in dismissal of a complaint with prejudice.  But Rule 4:23-5 contains “strict notice requirements”  that embody “due process protections,” as Judge Fuentes said in his opinion today in this appeal.  In this breach of contract case, where the Law Division granted dismissal with prejudice, the panel criticized cou

Greenbriar Oceanaire Community Ass’n, Inc. v. U.S. Home Corp., ___ N.J. Super. ___ (App. Div. 2017).  [Disclosure:  I represent U.S. Home, though not in this case].  In today’s decision in this appeal, which involved a dispute over which claims asserted by a homeowners association against the developer of the properties, Judge Fisher, writing for the panel, remanded the case with a direction to the parties and the Law Divisio

Sparroween, LLC v. Township of West Caldwell, ___ N.J. Super. ___ (App. Div. 2017).  Plaintiffs operated the Cigar Emporium in West Caldwell.  In that business, they sell tobacco products, but they also make tobacco products available to be smoked on the premises.  After plaintiffs had obtained development approvals from the municipal Planning Board, the Township’s Board of Health, acting under its power to preserve public health, adopted an ordinance that go