In Memorium – Donald J. P. Sweeney – 1938-2021Please Click Here
27Apr 2023

On April 20, 2023 Sweeney & Sheehan Partner Denise Montgomery obtained a dismissal with prejudice of a subrogation action filed in Bergen County (New Jersey) Superior Court against an entity which designed and installed shoring in a residential garage that collapsed during the project.  The Defendant filed a motion to dismiss based upon the doctrine of Res Judicata and a violation of the entire controversy doctrine.  Following argument, the Court determined that a counterclaim filed by the homeowner/insured resulted in a full and complete adjudication of claims arising out of the Defendant’s work on the project, and failure of the homeowner to advise its insurer of the prior litigation did not bar dismissal of the litigation.