NJ Supreme Court Puts the Kaibash on Document Dumping in Pretrial Discovery
In the context of a medical malpractice suit, the NJ Supreme Court recently held that it is not permissible to answer a specific written interrogatory question in pretrial discovery by burying the information in a document dump without citing to the specific documents that are responsive to the question. Brugaletta v. Garcia, _ N.J. _ (July 25, 2...
Navigating a Commercial Tenant’s Leasehold Rights in Foreclosure
In this post we examine New Jersey law governing a commercial tenant's rights in the context of a foreclosure suit filed by the landlord's mortgage lender. If you are a commercial tenant whose landlord is being sued in foreclosure, or a lender contemplating whether to name a tenant in a foreclosure suit then this post is a must read.
A lease betwe...
Judgment Creditors Cannot Partition Property Held by Spouses as Tenants by Entirety
In a case of first impression the New Jersey Appellate Division crushed the hopes of judgment creditors from forcing a partition sale of property owned by a married couple as tenants by the entirety in order to satisfy the judgment debt obtained against only spouse. Jimenez v. Jimenez, Docket No. A-2495-16 (App. Div. May 8, 2018).
In this famil...
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NJ Limited Partner Liability for Partnership Debts
NJ Limited Partner Liability: Can a Limited Partner be Held Liable for a Limited Partnership’s Debts?
In limited circumstances the answer is “yes”. Under New Jersey’s Uniform Partnership Law a limited partner is protected from liability from the limited partnership’s obligations except in two instances:
(1) Where the limited partner i...