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One of the obligations of a party who intends to seek an award based on frivolous litigation is service of a written notice and demand that, among other things, sets forth with specificity the basis for his or her belief that the pleading is frivolous

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September 14, 2013 at 1:34 pm


Law Lessons from SHELDON PEPPER, ETC. VS. CURTIS SADLEY PEPPER CONSTRUCTION COMPANY, INC., ET AL. VS. CURTIS SADLEY, App. Div., A-5656-11T2 / A-3459-11T2, May 24, 2013:

“One of the obligations of a party who intends to seek an award based on frivolous litigation is service of a written notice and demand that, among other things, sets forth ‘with specificity’ the basis for his or her belief that the pleading is frivolous.” Ferolito v. Park Hill Ass’n, Inc., 408 N.J. Super. 401, 408 (App. Div.), certif. denied, 200 N.J. 502 (2009).

The form of the notice must be sufficiently specific and detailed to provide the noticed party with an opportunity to timely withdraw the allegedly frivolous pleadings. Ibid.; see also Trocki Plastic Surgery Ctr. v. Bartkowski, 344 N.J. Super. 399, 406 (App. Div. 2001) (quoting Pressler, Current N.J. Court Rules, comment on R. 1:4-8(b)(2002)), certif. denied, 171 N.J. 338 (2002).



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