A New Jersey appeals court has revived a lawsuit seeking damages from the firm of McCusker, Anselmi, Rosen & Carvelli over its filing of a so-called sham lawsuit to stop development of a new McDonald’s restaurant.

Dismissal of the suit, based on the failure of plaintiff Passaic Industrial Properties, or PIP, to comply with a discovery order, was an abuse of judicial discretion because no consideration was given to imposition of lesser sanctions, the appeals court said Tuesday. The ruling reinstates PIP’s claims against Florham Park-based McCusker Anselmi, attorneys Paul Carvelli and William Munday, and their clients, Darrin Lentini and Cristina Gervasi.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]