Lauletta Birnbaum Secures New Jersey Appellate Division Ruling Reversing Summary Judgment in Contract Dispute

Jul 13, 2020   //   by rford   //   News  //  Comments Off

A Lauletta Birnbaum, LLC team of Gregory A. Lomax and Sarah Cohen has prevailed at the New Jersey Appellate Division, which reversed the trial court’s grant of summary judgment against M&M Consulting Services, LLC.

The appeal panel’s ruling clears the way for a trial on M&M Consulting’s breach of contract claim against Danitom Development, Inc., Nova Properties of New Jersey, LLC and Thomas P. Critelli. In 2010, the companies signed a site management agreement requiring defendants to pay M&M Consulting for consulting and site management services, which they failed to do.

In 2018, the trial court granted summary judgment to defendants on M&M Consulting’s breach of contract claim. The Appellate Division disagreed finding that “[b]ecause of the ambiguity and the need for the parties to present testimony, the trial court should not have determined the facts and circumstances of the contracting based on depositions and certifications.” Accordingly, the Appellate Division sent the dispute back to the trial court for a trial on M&M Consulting’s claims and damages.

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