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D.J. MILLER & ASSOCIATES v. STATE, DEPT. OF TREASURY

811 A.2d 952 (2002)

356 N.J. Super. 187

D.J. MILLER & ASSOCIATES, INC., Appellant, v. STATE of New Jersey, DEPARTMENT OF the TREASURY, DIVISION OF PURCHASE AND PROPERTY, Respondent.

Superior Court of New Jersey, Appellate Division.

Decided December 23, 2002.

Attorney(s) appearing for the Case

Mark D. Schorr, Trenton, argued the cause for appellant (Sterns & Weinroth, attorneys; Mr. Schorr and Nancy Axilrod, on the brief).

Josh Lichtblau, Deputy Attorney General, argued the cause for respondent (David Samson, Attorney General, attorney; Nancy Kaplen, Assistant Attorney General, of counsel; Mr. Lichtblau, on the brief).

Before Judges SKILLMAN, LEFELT and WINKELSTEIN.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The issue presented by this appeal is whether a State contracting agency can require in its contracts that any claim of breach must be pursued by an appeal to the Appellate Division rather than by an action in the appropriate trial court. We conclude that the court rules require an action for breach of contract under the Contractual Liability Act, N.J.S.A. 59:13-1 to -10, to be brought in...

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