In Memorium – Donald J. P. Sweeney – 1938-2021Please Click Here
12Jun 2023

On June 9, 2023, Sweeney & Sheehan Partner Denise Montgomery obtained a dismissal with prejudice of a construction defect action filed in Ocean County (New Jersey) against a contractor arising from the construction of a single-family home.  Plaintiff asserted causes of action including negligence, breach of express and implied warranties, common law fraud and violations of the New Jersey CFA.  It was revealed during dispositive motions that Plaintiff, a foreign limited partnership, failed to obtain a certificate of authority to transact business in New Jersey pursuant to N.S. Stat. § 42:2A-60, a prerequisite to maintaining an action.  The Court agreed that the limited partnership, formed in 2003 for investing and the development of real estate, transacted business in the State by virtue of buying and developing the property and utilizing the property as corporate headquarters for another entity operated by the managing partner.