Generally, it is improper to grant summary judgment when a party’s state of mind, intent, motive or credibility is in issue


Law Lessons from Lake Estates Condominium Assoc., Inc. v. Falcon Engineering LLC, N.J. Super. Law Div. (Natali, P.J.Ch.), MIDDLESEX COUNTY, DOCKET NO. L-6171-15, August 31, 2017:

Generally, it is “improper to grant summary judgment when a party’s state of mind, intent, motive or credibility is in issue.” In re Estate of DeFrank, 433 N.J. Super. 258, 266 (App. Div. 2013) (citation omitted). For example, New Jersey courts have concluded that granting summary judgment is improper when the genuine issues of fact remaining in the case relate to a party’s waiver, whether a party acted in bad faith, and willful acts of fraud. Id. at 266-67 (citations omitted).

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Posted in *All Posts, Litigation, Summary Judgment