This suit was brought by a condominium association against a mortgagee in possession (the bank), which completed construction of the condominium building after the builder defaulted. Defendant third-pa...rty plaintiff, Little Falls Savings and Loan Association (hereinafter "Little Falls"), appeals from an order for summary judgment dismissing its third-party complaint against the New Jersey Department of Community Affairs (hereinafter "DCA"). The dismissed pleading sought indemnification under the New Home Warranty and Builders' Registration Act, N.J.S.A. 46:3B-1, et seq., for whatever liability to the plaintiff might be imposed upon Little Falls.
Litigation
Friendship Manor v Greiman v Garden State Bank, 244 N.J. Super. 104 (App. Div. 1990)
Oct 22, 1990
OUTCOME: Specific Performance granted. Intervening mortgages held to be valid.
Specific Performance sought on account of btreach of real estate sale contract. Issues regarding priority of intervening mortgages, fraudulent chain of title, and race notice recording statute.
Personal injury
Boyle v Andrews
Jun 08, 1990
OUTCOME: 100% Liability on Defendant - Judgment of $100,000 for Client
Client on motorcycle attempts to pass Pick-up truck, which turns left in front of client. Injury - Partial Loss of Leg Muscles in lower leg (Gastroniemus & Soleus muscles). Verdict affirmed on appea...l.
Insurance
Weinstein v Insurance Company
Jan 01, 1990
OUTCOME: Settlement for Client - $90,000
Suit on $100,000 Accidental Death Policy Claiming Heart Attack Is Accidental Death
Litigation
Project Resources v. Devland Corp.
Oct 19, 1989
OUTCOME: Judgment - No Cause for Action - Case Dismissed
Alleged contract to acquire and develop property for residences as a joint venture and/or partnership. Defendant Client acquired the property in its name only. Defendant Client denied contract. Suit... for Constructive Trust & Declaration of Partnership
Criminal defense
State v Ciba-Geigy Corp, 222 N.J. Super. 343 (App. Div. 1988)
Jan 20, 1988
OUTCOME: Dismissal decision of the lower court reversed and case remanded , later resulting in dismissal of criminal charges against client
Appeal by the State arises from a dismissal of the entire thirty-five count indictment against defendants (including my client) in connection with unlawful disposal of hazardous waste.
Banking
Clients' Security Fund of the Bar of New Jersey v. Allstate InsuranceCompany, 219 N.J. Super. 325 (App. Div. 1987)
Aug 18, 1987
OUTCOME: Decision in favor of Mr. Brady's client, Allstate Insurance Co.
Fund paid on account of attorney stealing clients' personal injury settlement monies paid by Allstate through defendant banks. Issue: UCC "Imposter Rule" v. UCC provisions regarding forgeries.
Personal injury
Cwiklinski v. Burton, 217 N.J. Super. 506 (App. Div. 1987)
May 20, 1987
OUTCOME: Judgment in favor of Mr. Brady's client, the defendant
Plaintiffs appeal from summary judgment entered by the Law Division in favor of defendant in this automobile negligence action. The trial court dismissed the action on the ground that it was barred by ...the two-year statute of limitations, N.J.S.A. 2A:14-2, after the Complaint, which allegedly was mailed in time, was not filed until after the time limit. Plaintiffs essentially claimed that the complaint was either lost in the mail or in the Superior Court Clerk's Office and, in either event, they should not be barred from maintaining this action. The courts disagreed.
Insurance
Chiacchio v. Chiacchio, 198 N.J. Super. 1 (App. Div. 1984)
Nov 21, 1984
OUTCOME: Order Reversed and Decision in favor of Mr. Brady's client, Allstate Insurance Co.
Alleged shooting of plaintiff wife by defendant husband and his subsequent attempt to strangle her. The tort claims were pleaded in the divorce case in the alternative as being based upon either the in...tentional or negligent conduct of the defendant with both compensatory and punitive damages being demanded. Defendant's insurer, Allstate, was notified by letter of the claims being asserted by plaintiff for personal injuries and coverage was sought under defendant's homeowners policy. Coverage was disclaimed by Allstate. Defendant responded to the disclaimer by filing a motion to join Allstate as a third-party defendant in the pending divorce action. On the return day of this motion, which was about two weeks prior to the scheduled trial date, an order was entered not only joining Allstate as a third-party defendant but also ordering it to provide the defense in the underlying action and declaring that Allstate should be responsible for the payment of any judgment obtained against defendant to the extent of its coverage. Upon receiving a copy of this order and notwithstanding that it had not yet been formally served, Allstate filed an answer to the third-party complaint and a counterclaim for a declaratory judgment as to the coverage issue. At the same time it moved to vacate the order and to transfer the third-party complaint and the counterclaim from the Chancery Division to the Law Division. This motion was heard on the day of trial and by order dated April 20, 1984 the court vacated its prior order except for the joinder of Allstate as a third-party defendant, ruling that Allstate had no right to a jury trial, and provided that all issues raised by the complaint, third-party complaint and the declaratory judgment counterclaim should be joined in the pending action. The order also granted plaintiff permission to file an amended complaint setting forth a claim for PIP benefits under an automobile policy issued by Allstate. The trial date was postponed and Allstate was permitted a limited time for discovery. Appeal was taken from the Court's Order.
Personal injury
Brown v. Racquet Club of Bricktown, 95 N.J. 280 (1984)
Feb 14, 1984
OUTCOME: Reversed and remanded for a new trial.
Plaintiffs attending a show at a tennis club were on an interior wood stairway leading from the entrance floor of the building to the second floor where the event was being held. Without warning, the s...tairs pulled away abruptly from the wall and the stairway collapsed. Both plaintiffs suffered injuries as a result of their fall, giving rise to the suit against the Racquet Club of Bricktown. The doctrine of "res ipsa loquitur" was applied in the absence of direct proof of defendant's negligence.
