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BARATTA v. DEER HAVEN, LLC

No. L-3682-09

70 A.3d 768 (2013)

431 N.J. Super. 534

Joseph B. BARATTA, M.D., F.A.C.S., Elyse Kremins, and Burton A. Schlecker, M.D., F.A.C.S., Plaintiffs, v. DEER HAVEN, LLC, Haven Development Company, LLC, Salah Mekkawy, and Sam Shahar, Defendants.

Superior Court of New Jersey, Law Division, Essex County.

Decided September 8, 2011.

Attorney(s) appearing for the Case

Paul H. Schafhauser, Newark, for plaintiffs (Herrick, Feinstein, LLP, attorneys).

Kimberly L. Russell for defendants (Kaplan, Stewart, Meloff, Reiter & Stein, P.C., attorneys).

ROTHSCHILD, J.S.C.

The court has before it a motion for reconsideration of its order granting sanctions against defendants under Rule 1:4-8 and N.J.S.A. 2A:15-59.1 for their continued assertion of a counterclaim. The case presents novel questions as to whether it is possible under New Jersey law for defendants to assert a counterclaim against plaintiffs because plaintiffs sued to recoup their investment in defendants...

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