PISACK v. B & C TOWING, INC.

Docket Nos. A-2546-16T4, A-5399-16T3, A-5668-16T3.

188 A.3d 1088 (2018)

455 N.J. Super. 225

Bernice PISACK, on behalf of herself and all others similarly situated, Plaintiff-Appellant/Cross-Respondent, v. B & C TOWING, INC., Defendant-Respondent/Cross-Appellant, and Marie J. Cavalchire and Alan Anthony Young, Defendants, and B & C Towing, Inc., Defendant/Third-Party Plaintiff-Respondent/Cross-Appellant, v. The City of Newark, Third-Party Defendant-Respondent. Eptisam Pellegrino, on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. Nick's Towing Service, Inc., Defendant-Respondent, and Nicholas Testa and Susan Testa, Defendants. Christopher Walker, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. All Points Automotive & Towing, Inc., Defendant-Respondent, and Thomas Locicero, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided June 14, 2018.


Attorney(s) appearing for the Case

Andrew R. Wolf argued the cause for appellant/cross-respondent in A-2546-16 and appellant in A-5668-16 (The Wolf Law Firm, LLC, and Christopher J. McGinn , attorneys; Matthew S. Oorbeek , on the briefs).

Andrew R. Wolf argued the cause for appellant in A-5399-16 (The Wolf Law Firm, LLC, and Edwyn D. Macelus , attorneys; Matthew S. Oorbeek , on the briefs).

Gabriel H. Halpern argued the cause for respondent/cross-appellant in A-2546-16 (Pinilis Halpern, LLP, attorneys; Gabriel H. Halpern, of counsel and on the brief).

Steven F. Olivo , Assistant Corporation Counsel, argued the cause for respondent in A-2546-16 ( Kenyatta K. Stewart , Corporation Counsel, attorney; Steven F. Olivo, on the brief).

Jeremy B. Stein argued the cause for respondent in A-5399-16 (Hartmann Doherty Rosa Berman & Bulbulia, LLC, attorneys; Paul S. Doherty, III , and Jeremy B. Stein, on the brief).

Brian T. Giblin, Sr. , argued the cause for respondent in A-5668-16 (Giblin & Gannaio, attorneys; Brian T. Giblin, Sr., and Brian T. Giblin, Jr., on the brief).

Before Judges Reisner, Hoffman, and Gilson.


The opinion of the court was delivered by

These three appeals involve the non-consensual towing of vehicles and raise questions concerning the Predatory Towing Prevention Act (Towing Act), N.J.S.A. 56:13-7 to -23, the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20, and the Truth-In-Consumer Contract, Warranty and Notice...

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