Attorney expects to file answer to town complaint

MANALAPAN - The litigation in the case of Manalapan vs. attorney Stuart Moskovitz crossed another street on Dec. 7 when a judge denied Moskovitz's request for more time to answer the township's complaint.

State Superior Court Judge Terence Flynn, sitting in Freehold, told Moskovitz he had a week to file an answer to the complaint he was served with in June or be faced with a default judgment.

Moskovitz, who is representing himself, completed his answer by Dec. 10 and said he was planning to file it on Dec. 10 or Dec. 11. In his answer, he denies many of the allegations that were contained in the complaint the township's legal representatives filed against him six months ago.

His answer contains new allegations against Manalapan Mayor Andrew Lucas and alleges that Lucas has culpability in the situation regarding the township's purchase of two single-family homes on Route 522 that are the heart of the Manalapan vs. Moskovitz case.

In response, Lucas said, "While Mr. Moskovitz's allegations are a humorous diversion from the very serious and disgraceful facts that his alleged malpractice has cost the taxpayers of Manalapan in excess of $100,000, even he admits that there is no basis for his reckless accusations at this time in count 53" of his answer.

Moskovitz served as Manalapan's municipal attorney in 2005. The township alleges legal malpractice in his handling of the purchase of the two private homes on Route 522.

The motion addressed by Flynn at the Dec. 7 court hearing addressed Moskovitz's request for an extension of time to file an answer.

Moskovitz also sought to have David Weeks, the attorney representing Manalapan, removed from the case. He alleged that Weeks had a professional conflict due to the fact his law firm may have represented Moskovitz's liability insurance firm, Hudson Insurance, in past matters unrelated to Moskovitz or the litigation filed against him.

Flynn ruled against Moskovitz on both points.

Hudson Insurance has denied Moskovitz representation in the matter and he said he will be taking legal action against the firm.

Moskovitz said he will also bring legal action against Weeks and against Manalapan's special conflict attorney Daniel McCarthy, and Lucas, alleging malicious prosecution on their part against him.

Weeks, in response to Moskovitz's assertion that he had a conflict, told the judge that as far as he knew, neither he nor anyone at his firm had ever represented anyone in any matter involving Hudson Insurance. He said even if they had, it still would not serve as a reason to establish a conflict on his part.

"Frankly, I don't know what he is talking about and there is no basis in law and certainly no procedural basis to ask your honor to pursue this," Weeks said.

After listening to both attorneys, Flynn told Moskovitz, "You have eight days to file an answer or you're in default."

In a Dec. 3 filing the judge did not address at the Dec. 7 hearing, titled "Certification in Support of Motion for Sanctions," Moskovitz contends that in filing the complaint against him, Manalapan officials, through their attorney, made "intentionally false" statements to the court when they contended the township is required to complete a cleanup of contaminated soil (at the Route 522 properties) prior to being eligible to receive all funding that was promised from both the county and the state for the purchase of property needed to expand the Manalapan Recreation Center, Route 522.

In a filing the court has yet to address, Moskovitz contends Manalapan has already received the funding from New Jersey's Green Acres program, "the same $250,000 it was always supposed to receive."

Moskovitz is incorrect, according to Township Administrator Tara Lovrich.

Lovrich said Manalapan received a $250,000 check on Nov. 28, but she said that was the county's portion of the funding and not the state Green Acres funding which is still pending the soil cleanup on the properties in question.

Lovrich said Manalapan officials are just about ready to put the cleanup proposal out for bid. The contract awarded to the successful bidder will be for the remediation of soil at the Route 522 properties Manalapan purchased in 2005. The contamination came from a leaking oil tank.

Moskovitz has said Manalapan was obligated to purchase the two private lots under the terms of a 2004 court order which settled litigation between the property owners and the township.