Full Service Law Firm in Mt. Laurel Township, NJ | Capehart Scatchard

Notable Wins

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Notable Win: Appellate Division Upholds Car Dealership Summary Judgment Ruling Against Township to Expand Parking Lot

Client: Foulke Management Corp. and Lenny Reality, LLC

Court: Appellate Division

Trial Attorney: Laura Ruccolo, Esq.

**Results may vary depending on your particular facts and legal circumstances**

Matter Caption: Lenny Reality LLC et al. v. Cherry Hill Township et al.

Defendant Cherry Hill appealed the trial court’s order for summary judgment in favor of plaintiffs’ holding that the Defendant’s recission of zoning permits to expand the Plaintiff’s parking lot was arbitrary, capricious and unreasonable as it was not supported by sufficient evidence.

The Appellate Division affirmed the Order but also concluded that under the Municipal Land Use Law the Zoning Officers did not have the legal authority to rescind permits and concluding the township’s action was illegal.

Further information about the summary judgment portion of this matter is linked here.

Notable Win: New Jersey Appellate Division Affirms Summary Judgment Victory in Alleged Retaliation Case

Client: Captain Robert Forrester of the New Jersey State Police

Court: Appellate Division

Trial Attorney: Laura Ruccolo, Esq.

**Results may vary depending on your particular facts and legal circumstances**

Matter Caption: Barnes v. State of New Jersey, et al.

Plaintiff appealed the trial court’s order for summary judgment dismissing all claims of discrimination and retaliation under the NJLAD. The Appellate Division affirmed the Order concluding that Plaintiff failed to provide sufficient facts to support the claims of discrimination or retaliation or the aiding and abetting claims under the NJLAD against Captain Forrester.  

Further information about the summary judgment portion of this matter is linked here.

Notable Win: Court Grants Summary Judgment in Sidewalk Trip and Fall

Client: 92 Jefferson Street, LLC

Court: Supreme Court of the State of New York, County of Kings

Brief Attorneys: Alyson L. Knipe and Stephen J. Alexander

**Results may vary depending on your particular facts and legal circumstances**

Matter Caption: Rosa v. 92 Jefferson Street, LLC and The City of New York

Plaintiff tripped and fell on a screw that was embedded in the sidewalk abutting 92 Jefferson Street, LLC’s property.  Plaintiff’s Notice of Claim and Plaintiff’s testimony was that the screw was in a location once occupied by a USPS mailbox.  The day before the accident, Plaintiff observed the mailbox in its usual location.  The next day, the mailbox was removed and Plaintiff tripped and fell on the screw that was left behind.  Plaintiff did not notice the screw until after the accident.  As a result of her fall, she went to the hospital and when she returned later that day, she saw the mailbox was in a different location.  The google imaging photos supported the fact that the mailbox was moved. 

On behalf of 92 Jefferson, we argued that the part of the screw left behind did not apply under NYC Administrative Code Section 7-210 and that 92 Jefferson did not create the condition or have actual or constructive knowledge of the condition for a sufficient length of time to remedy the condition.  The Court found no issues of material fact and granted 92 Jefferson’s motion for summary judgment.

Notable Win: New Jersey Superior Court Grants Summary Judgment Dismissal of Intentional Wrong Claim in Workplace Injury Case

Client: Tribeca Oven, LLC

Court: Essex County Superior Court

Brief Attorneys: Betsy G. Ramos, Esq., Gitika Kapoor, Esq.

**Results may vary depending on your particular facts and legal circumstances**

Matter Caption: Tribeca Oven, LLC, et al ads. Urzola, Marta

The Court granted summary judgment in favor of defendant Tribeca Oven LLC, dismissing claims that a workplace injury involving a bakery machine rose to the level of “intentional wrong.” Plaintiff sustained injuries while operating an industrial bakery equipment and alleged that the employer’s conduct constituted intentional wrong to bypass the exclusivity of the NJ Workers’ Compensation Act.

We successfully argued the absence of evidence in the record that Plaintiff needed to show the employer’s conduct surmounted the high threshold of substantial certainty of injury to her.

Notable Win: Negotiated an Electric Battery Storage Facility Agreement located in Cumberland County, NJ

Attorney: Alan P. Fox, Esq.

**Results may vary depending on your particular facts and legal circumstances**

On behalf of a landowner of vacant land, formerly used as a chicken farm, located in Cumberland County, New Jersey, Alan P. Fox, Esq. negotiated an option to lease and land lease agreement with a developer regarding a utility scale electric battery storage facility. The material terms of this agreement included, among others, definition of “permitted uses”, a rental fee with an escalation clause, the decommissioning of the facility upon early termination or expiration of the term, posting of security to cover the cost of decommissioning, various types of insurance coverages and conditions related to an assignment of the agreement by the developer.

Please contact Alan P. Fox Esq. should you require legal assistance with a lease or purchase agreement related to electric battery storage facility located in New Jersey.

Notable Win: Successful Jury Trial and Appeal in Essex County Construction Injury Case

Client: Vin-Rick Builders, LLC

Court: Superior Court of New Jersey, Appellate Division

Trial Attorney: Christopher J. Hoare, Esq.

**Results may vary depending on your particular facts and legal circumstances**

Matter Caption: Guerini v. Vin-Rick Builders and Hutch Grove Enterprises, et al.

Our office represented a defendant (Vin-Rick Builders, LLC) in a construction injury lawsuit filed in Essex County Court. This case was previously reported on here. Hutch Grove Enterprises appealed the verdict claiming (1) denial of its Motion for Summary Judgment was error, and (2) the trial judge’s jury charge was insufficient in explaining the duties of the general contractor.

The Appellate Division affirmed the jury trial finding that the denial of Hutch Grove Enterprises’ Motion for Summary Judgment was proper and the jury charge adequately explained the duties of the owner of a construction project who assumes the role of the general contractor.

Notable Win: New York State Appellate Division 2nd Department Affirms Defendant’s Summary Judgment Decision

Client: QMB Plumbing & Heating

Court: Supreme Court of the State of New York, Appellate Division, Second Judicial Department

Brief Attorney: Alyson L. Knipe, Esq.

**Results may vary depending on your particular facts and legal circumstances**

Matter Caption: Hidalgo v. David Contractor NY, Inc., et al

Plaintiff tripped and fell over a hose that was on the sidewalk adjacent to ongoing construction at the abutting property. QMB Plumbing & Heating performed plumbing work at the subject premises. The Second Department affirmed QMB’s motion for summary judgment dismissing the complaint finding that QMB established it did not cause or create the dangerous condition, and that it did not own the hose or place it on the sidewalk.

Notable Win: New Jersey Appellate Division Affirms Summary Judgment Victory in FELA Railroad Cancer Case

Client: New York Susquehanna & Western Railway

Court: Appellate Division

Trial Attorney: Christopher J. Hoare, Esq. and Laura M. Danks, Esq.

**Results may vary depending on your particular facts and legal circumstances**

Matter Caption: Stephans v. New York, Susquehanna & Western Rwy.

This matter involved a rail worker who was diagnosed with bladder cancer. As rail workers are not subject to workers’ compensation, claims for workplace injuries are adjudicated under the Federal Employers’ Liability Act (FELA), which provides a three-year statute of limitations commencing when the worker “knows or has reason to know of a connection between his railroad employment and his injury.” 

Plaintiff’s treating cancer doctors told him that his cancer was probably related to his 26 years working on the railroad. Plaintiff immediately hired a lawyer to sue our client for his bladder cancer, but his attorney did not file his initial FELA complaint until a year after the three-year statute of limitations expired.

After the plaintiff’s deposition, our firm filed a Motion for Summary Judgment which the trial court granted. Plaintiff appealed the dismissal to the Appellate Court, which affirmed the grant of our original Motion for Summary Judgment.

Notable Win: Dog Sanctuary Obtains Minor Site Plan Approval for Shelter in Evesham Township

Client: Belly Rubs Senior Dog Sanctuary, Inc. 

Entity: Zoning Board of Adjustment for the Township of Evesham

Attorney: Alan P. Fox, Esq.

**Results may vary depending on your particular facts and legal circumstances**

On November 17, 2025, the Zoning Board of Adjustment for the Township of Evesham approved the application filed by our client,  Belly Rubs Senior Dog Sanctuary, Inc. for Minor Site Plan with bulk variances and submission waivers for the property located at 175 Taunton Lake Road, Marlton, New Jersey 08053.  Belly Rubs is proposing to convert an existing dog kennel into a dog sanctuary (shelter) for the residency and adoption of older dogs, as an overflow for local dog shelter.  Previously, the Evesham Zoning Board approved our application for a use variance to permit the proposed dog shelter at the site.

The proposed senior dog shelter represents a compatible recreational use that preserves the essential character of the pinelands environment. The approximate 10-acre site includes mature woodlands, a stream, large grass areas and seclusion from traffic and noise. The proposed interior renovation will include new housing for up to 50 senior dogs. Adoptions will be available by appointment only.

Belly Rubs Senior Dog Sanctuary, Inc. is a 501(c)(3) non-profit safe haven for homeless senior dogs. Its mission is to provide a calm, restful retreat for older dogs that have been lingering in local animal shelters. Removing these dogs from overcrowded shelters accomplishes two things: senior dogs will be placed in a quieter, more serene location while they await for their new adopted homes and their relocation opens more kennel space in area shelters for adoptable, younger dogs.

Notable Win: EEOC Finds No Probable Cause Finding in Matter Alleging Disability Discrimination

Client: The Arc of Cape May County, Inc. 

Federal Agency: United States Equal Employment Opportunity Commission

Attorney: Ralph R. Smith, 3rd, Esq.

**Results may vary depending on your particular facts and legal circumstances**

Matter Caption: Garrettson v. Arc of Cape May County, Inc. 

Claimant, a direct support professional, brought a claim in the EEOC against our client alleging CEPA and employment discrimination claims based on disability leading to an alleged retaliatory firing

After review of the facts, the EEOC issued a no probable cause finding in our client’s favor.

Capehart Blogs

Evidence
Trial Court’s Use of an Evidentiary Hearing to Make Credibility Findings Supported Public Entity’s Summary Judgment on a Late Tort Claims Notice
Firm News
Capehart Scatchard Supports Kids’ Chance of New Jersey at Annual Scholarship Gala
Liability
Employee’s Mid-Shift Pizza Run Was Outside of the Scope of His Employment to Hold Employer Vicariously Liable for His Car Accident

Trial Court’s Use of an Evidentiary Hearing to Make Credibility Findings Supported Public Entity’s Summary Judgment on a Late Tort Claims Notice

Employee’s Mid-Shift Pizza Run Was Outside of the Scope of His Employment to Hold Employer Vicariously Liable for His Car Accident

Appellate Division Reinforces Status Quo in Severing and Staying Discovery in UM/UIM Cases in Light of New Insurance Bad Faith Statute

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