Attorney Daniel Jon Himelman's Legal Cases

Real estate

St. George's Dragons, L.P. v. Newport Real Estate Group, LLC 407 N.J.Super. 464 (2009)

Jan 01, 2009

OUTCOME: under terms of right of first refusal, tenant was not required to make an offer that guaranteed landlord a certain net price or to pay brokers' commissions;

Landlord brought declaratory judgment action against tenant and prospective property purchaser, seeking an adjudication of the rights of the parties to determine the lawful purchaser of property, and t ... erminate the rights of the other party, and an order that landlord's maximum exposure for payment of brokerage commissions was $125,000 regardless of the purchaser. Tenant counter-claimed seeking declaratory judgment that it properly exercised its right of first refusal under the lease. The Superior Court, Chancery Division, Monmouth County, 2007 WL 1971517, found that tenant properly exercised right of first refusal. Landlord and prospective purchaser appealed.

Family

J.S. v. D.M. 285 N.J.Super. 498 (1995)

Nov 29, 1995

OUTCOME:

Judgment. Trial judge violated statute requiring judgment to contain separately numbered paragraphs for each substantive provision.

Commercial real estate

Zulla Steel, Inc. v. A&M Gregos, Inc. 174 N.J.Super. 124 (1980)

Jan 01, 1980

OUTCOME: Judgment modified and, as modified, affirmed.

Subcontractor brought action against prime contractor for allegedly breaching subcontract for structural work on post office expansion project by not making progress payments when due. After bench tria ... l, the Superior Court, Law Division, Monmouth County, entered judgment for subcontractor, and prime contractor appealed. The Superior Court, Appellate Division, Morton I. Greenberg, J. A. D., held that: (1) trial judge had properly held that prime contractor, by reason of its delinquencies in payments, had breached subcontract; (2) prime contractor's breach of contract was material, and its failure to pay was not justified by any alleged shortcomings in subcontractor's performance; (3) prime contractor's breach justified subcontractor in abandoning project; (4) no error occurred in rejecting evidence of trade custom that allegedly permitted prime contractor to defer paying subcontractor until post office paid prime contractor; (5) no error occurred in rejecting inquiry by prime contractor into when subcontractor paid its bills; (6) subcontractor had not waived any breach of contract by accepting late payments; and (7) computations of trial judge were correct in terms of percentage of work completed and damages should have been computed on that basis.

Personal injury

Mickens v. Marascio 58 N.J. 569 (1971)

Jan 01, 1971

OUTCOME: Judgment of Appellate Division reversed in part, and cause remanded.

Personal injury action against several defendants, in which the various defendants cross-claimed for contribution. The trial court dismissed the complaint and cross claims against two defendants and re ... ndered judgment on verdict against certain remaining defendants, and such remaining defendants appealed. The Superior Court, Appellate Division, held that the dismissals in question had been erroneous and ordered complete new trial as to all issues, and certification was granted. The Supreme Court, Schettino, J., held that where there was no error infecting the jury verdict against the remaining defendants and such defendants could point to no prejudice with respect to the dismissals, new trial should be limited to remaining defendants' cross claims for contribution against dismissed defendants and should not extend to plaintiffs' claim against remaining defendants on theory of avoiding unnecessary fragmentation and ground that dismissal was contrary to rule requiring such motions to be held in abeyance until the conclusion of the entire case.

Tax

Alfred Vail Mutual Ass'n v. Halpin 107 N.J.Super. 517 (1969)

Jan 01, 1969

OUTCOME: Judgment reversed and cause remanded.

Township and largest taxpayer therein brought suit attacking validity of statute changing basis for apportionment of expenses for regional school costs as between township and borough. The Superior Cou ... rt, Law Division, entered judgment for defendants, and plaintiffs appealed. The Superior Court, Appellate Division, Conford, P.J.A.D., held that statute which changed basis for apportionment of expenses for regional school costs as between township and borough from respective proportions of assessed valuations to proportions of children enrolled in schools and which applied only to and was intended to apply only to township and borough in suit and had no conceivable purpose or object that would rationalize exclusion of all other regional school districts was special and local legislation and violated constitutional provisions prohibiting special legislation providing for management and control of free public schools and prohibiting special legislation regulating internal affairs of municipalities and was void.

Commercial real estate

Stavola Contracting v. Dario Construction Co. 102 N.J.Super. 581 (1968)

Jan 01, 1968

OUTCOME:

Application by mechanic's lien claimant to file mechanic's lien. The Superior Court, Chancery Division, denied the application, 98 N.J.Super. 328, 237 A.2d 300, and the claimant appealed. The Superior ... Court, Appellate Division, held that where claimant had from September 28, 1967 to October 23, 1967 before time bar of statute foreclosed it, within which either to request leave to file claim and action, or to request modification of restraint so as to eliminate prohibition of filing lien claim or enforcement action and claimant took neither action, claimant was not entitled to order which would permit it to file mechanic's lien.

Daniel Jon Himelman's Legal Cases (6)

St. George's Dragons, L.P. v. Newport Real Estate Group, LLC 407 N.J.Super. 464 (2009)

J.S. v. D.M. 285 N.J.Super. 498 (1995)

Zulla Steel, Inc. v. A&M Gregos, Inc. 174 N.J.Super. 124 (1980)

Mickens v. Marascio 58 N.J. 569 (1971)

Alfred Vail Mutual Ass'n v. Halpin 107 N.J.Super. 517 (1969)

Stavola Contracting v. Dario Construction Co. 102 N.J.Super. 581 (1968)