STRUCTURE BLDG. CORP. v. ABELLA


873 A.2d 601 (2005)

377 N.J. Super. 467

STRUCTURE BUILDING CORPORATION f/k/a Formative Construction Company, a Corporation of the State of New Jersey, Plaintiff-Appellant, v. Tom ABELLA and Barbara Gruska, John and Betsy Fusek, John C. and Gwenda Hanson; Larry and Carol Klevans, William C. and Laura Lowe, Allen and Peggy Meisels, Angelo and Lucy Weber, John F. Jennings, Carol B. Curran, and Wesley S. Hoover, Defendants-Respondents, and Eleanor Jennings, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided May 13, 2005.


Attorney(s) appearing for the Case

David L. Menzel, Parsippany, argued the cause for appellant (Cuyler Burk, attorneys; Mr. Menzel, Edgar M. Whiting, and Jaclyn A. DiLascio, on the briefs).

Lance J. Kalik, Morristown, argued the cause for respondent John F. Jennings (Riker Danzig Scherer Hyland and Perretti, attorneys; Mr. Kalik, of counsel; Mr. Kalik and Luciana Lalande, on the brief).

Michael Della Rovere argued the cause for respondents John C. and Gwenda Hanson (O'Toole and Couch, attorneys; Mr. Della Rovere, on the brief).

Patrick S. Espey argued the cause for respondents Carol B. Curran and Wesley S. Hoover (Robinson, Burns, and McCarthy, attorneys; Timothy Burns, of counsel and on the brief).

John R. Knodel, Edison, argued the cause for respondents Thomas Abella and Barbara Gruska (Methfessel and Werbel, attorneys; Mr. Knodel, of counsel; Mr. Knodel and Marc D. Mory, on the brief).

Michael J. Leegan argued the cause for respondents Larry and Carol Klevans, Allen and Peggy Meisels, Angelo and Lucy Weber, William C. and Laura Lowe, and John and Betsy Fusek (Hack, Piro, O'Day, Merklinger, Wallace and McKenna, attorneys; Mr. Leegan, on the brief).

Before Judges PETRELLA, YANNOTTI and BILDER.


The opinion of the court was delivered by

BILDER, J.A.D. (retired and temporarily assigned on recall).

This is an action for malicious abuse of process, malicious use of process, and tortious interference with prospective economic advantage brought by a developer, plaintiff Structure Building Corporation, against a group of homeowners who unsuccessfully fought its efforts to obtain Planning Board approval for the subdivision of neighboring property into six...

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