Judge: Manalapan's case vs. Moskovitz may proceed

FREEHOLD - A state Superior Court judge has ruled that legal action filed against the lawyer who served as Manalapan's municipal attorney in 2005 may proceed.

State Superior Court Judge Richard W. English delivered his ruling on Aug. 20 in the case of Manalapan's litigation against attorney Stuart Moskovitz.

The litigation was filed in June.

Moskovitz went before the judge on Aug. 20 seeking an order to show cause that the action against him should continue. He was employed by the Township Committee as Manalapan's municipal attorney in 2005.

Manalapan officials allege that during 2005, Moskovitz breached his responsibility to the township when he drew up a contract of sale for the township's purchase of two single-family homes on Route 522. The Herbert and Dreyer properties are in front of the Manalapan Recreation Center.

In the complaint, Manalapan alleges that Moskovitz prepared a contract of sale that left the township unprotected and therefore unable to seek remuneration for the expense of removing an underground oil tank, soil remediation costs incurred by cleaning up the heating oil contamination, and the cost of cleaning up some farm field pesticide contamination that was also discovered on the purchased properties.

The township is seeking damages and costs from Moskovitz

Moskovitz had maintained that Manalapan officials had no right to take any action against him due to the fact there is a state statute protecting him from just such an action. He said the New Jersey Tort Claims Act indemnifies public officials from being sued and applied to him and the duties he performed as township attorney during 2005.

English said the reason he denied the show cause order was because Moskovitz did not file properly.

The judge also observed, "I agree with the argument made by the township that the defendant is not entitled to dismissal or indemnification."

In order to rule for Moskovitz, English said, "the defendant must have been able to show a reasonable probability of success" and he said the defendant's claims to immunity should be asserted in an Answer or a Motion to Dismiss.

Also on Monday, English lifted a gag order that had prevented the parties from discussing the case in the press, but he cautioned those involved not to try the case in the newspapers.

The attorneys who represented Manalapan were David Weeks and Daniel Mc- Carthy.

Moskovitz said he will file a motion to dismiss the litigation. The attorneys representing Manalapan said they will file action opposing that motion.

Moskovitz has said that a 2004 court order that settled litigation brought against Manalapan by the former owners of the Dreyer tract forced the township to buy the Herbert and Dreyer homes regardless of whether there was contamination on the site. He has said he believes the contract of sale he prepared afforded Manalapan all the protection the township needed.

Manalapan purchased the Herbert house, 95 Freehold Road (Route 522), for $432,000, and the Dreyer house, 93 Freehold Road, for $465,500. The township took possession of the property on June 8, 2005.

The township's complaint states that two months prior to the June 2005 closing, Moskovitz received a memo from Alayne Shepler, who was Manalapan's business administrator at the time, in which Shepler directed Moskovitz to hold off on the closing of sale of the Dreyer property.