Janicky v. Point Bay Fuel, Inc., 410 N.J. Super. 203, 981 A. 2d 96 (App. Div. 2009)
Practice Areas: Environmental & Toxic Tort Litigation, First Party, Insurance Coverage and Bad Faith
Breach of contract action which resulted in cross-motions for summary judgment after which the Court certified an Order in favor of plaintiff as a final judgment in accordance with Rule 4:42-2. The defendant Powderhorn Agency appealed that decision and the Appellate Division found the Order was improperly certified and dismissed the appeal as interlocutory. Thereafter, the matter settled with the parties entering into a consent judgment. Again, the defendant Powderhorn Agency appealed and the Appellate Division held that a judgment consented to by counsel for all parties was not appealable.