Judge denies attorney's motion to dismiss lawsuit
BY KATHY BARATTA Staff Writer

A judge's ruling this week in a case concerning Manalapan's lawsuit against a former township attorney leaves both sides preparing for trial.

On Sept. 11 state Superior Court Judge Terrence Flynn, sitting in Freehold, denied attorney Stuart Moskovitz's motion to dismiss a lawsuit that was filed against him by the Manalapan Township Committee.

Moskovitz was Manalapan's municipal attorney in 2005.

In a lawsuit filed in June, Manalapan officials allege that Moskovitz breached his responsibility to the township in 2005 at the time he was serving as the municipal attorney when he drew up a contract of sale for the township's purchase of two single-family homes on Route 522 in front of the Manalapan Recreation Center.

The lawsuit 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 farm field pesticide contamination that was also discovered on the purchased properties.

The township is seeking damages and costs from Moskovitz.

Moskovitz sought to have the litigation dismissed. He argued that the action the township brought against him was a politically motivated and personal attack and was causing him irreparable harm. He also contended that a township ordinance indemnifies him from the civil action brought against him by Manalapan.

The judge denied those claims. For the complete story, see the Sept. 19 News Transcript.