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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.

Notable Win: No Cause Finding by EEOC 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: Brady v. Arc of Cape May, Inc. 

Claimant, a direct support professional, brought a claim in the EEOC against our client alleging wrongful termination due to disability and age.

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

Notable Win: Suspension of Teaching Certificate for Failure to Provide Notice of Resignation

Client: Hope Community Charter School 

Court: Office of Administrative Law

Trial Attorney: Joseph Betley, Esq.

Brief Attorneys: Stacey Gorin, Esq. and  Lindsay Romeo, Esq. 

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

In the Matter of the Suspension of the Teaching Certificate of T.A.

The Commissioner of Education issued a final decision and found a teacher breached an employment contract and failed to provide sixty days’ notice prior to her resignation.

Summary decision was granted to petitioner, Hope Community Charter School, and T.A.’s teaching certificates are suspended for a period of one year.

Notable Win: Conditional Use Approval Granted for Cannabis Business In Burlington County

Client: Starlight Cannabis, LLC 

Court/Entity: Wrightstown Land Use Board

Attorney: Alan P. Fox, Esq.

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

In August 2025, the Wrightstown Land Use Board granted our client, Starlight Cannabis, LLC (“client” or “applicant”), conditional use approval for a cultivation facility, as well as site plan approval with c (2) bulk variances, including a variance from the buffer requirement along the northern property line, the parking requirements, and the height of proposed sound wall around the HVAC equipment. At the Land Use Board hearing, the Applicant offered testimony in support of the application by a civil engineer, professional planner, cannabis consultant, acoustic engineer and a representative explaining the proposed cannabis cultivation operation and security systems. This team effort led to a unanimous vote of approval by the Land Use Board.

The proposed cannabis cultivation business is a permitted conditional use in accordance with Section 53-2(b) the Code of the Borough of Wrightstown. The Applicant proposes to operate the cannabis cultivation business exclusively indoors in the existing Building with a closed loop air filtration system. The Applicant proposes no growing or other cultivation activities outside the facility and all cannabis products will be stored inside the Building. Any cannabis waste will be removed by a green waste disposal operator in accordance with applicable laws and regulations. The Applicant proposes to operate the cannabis cultivation business from 10:00 am to 6:00 pm, 7 days per week. However, shipping, delivery and distribution will be limited to 8:00 am to 5:00 pm as required under Section 53-7(e) of the Code of the Borough of Wrightstown.

The Applicant proposes an exterior enclosed mechanical area at the Property for six proposed HVAC units and 1 fluid cooling system. The enclosure was designed by the acoustic engineer and architect to buffer any noise to meet the local noise ordinance. The Applicant engaged a security consultant to design and install the appropriate security systems, alarms and cameras necessary to operate the proposed cannabis cultivation business. The Applicant proposes scheduled deliveries to eliminate any traffic issues and for security purposes.

The New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, N.J.S.A. 24:61-31 et seq. (the “Personal Use Act”) legalizes the cannabis cultivation business in New Jersey. The New Jersey Cannabis Regulatory Commission conditionally approved the Applicant’s application for a state license related to the operation of class #1 cannabis cultivation business at the Property.

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