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Lucy, Esq.
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I found this: I found a case: http://www.meislik.com/cases/hadjiyerou_v_18_briar_hill_

Resolved Question:

I found this:
I found a case:

http://www.meislik.com/cases/hadjiyerou_v_18_briar_hill_road_corp/

http://www.gibbonslaw.com/news_publications/articles.php?action=display_publication&publication_id=900

So this is aexactly the case i have , but its unpublished, which means i cant use it as a citation for precendents?
So that is the opinion of a lawyers, recomending the case or thje jist of it - why did they write it? So if a i get a certified copy i can site it? Where can i get the Appelate division option on this case - whihc presumably i can site? I am pro se - should i not even go that route - is not not practila?

Can i site those as well, or would i have to bring it to court?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 11 months ago.
Hi,

My name is XXXXX XXXXX X'd be happy to answer your questions today.

An unpublished case may be cited for its persuasive value unless the court has a local rule specifically prohibiting it. A party has the ability to use the same arguments used in the case to get the judges to rule in his favor, even if the case itself cannot be used. However, it is not mandatory authority, and judges are not required to follow an unpublished opinion, even if it were possible to get a certified copy. When citing an unpublished opinion, always attach a copy, because the judge and the opposing party may not have it.

If the Appellate Division agreed with the lower court, and that opinion is published, you can cite that instead. It is much better to cite the Appellate Division's opinion instead of the trial court. Any local law library should have a copy. If your public library has something like Loislaw, Casemaker, LexisNexis or Westlaw, you may also be able to find a copy there. You may want to call and ask. It shouldn't be difficult or time-consuming to get a copy, as long as there is a library nearby. You could even ask a local law student to print the case for you, if you have no other way of getting it.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 11 months ago.

Lucy, thank you. I have been trying to locate it and still unable - is there anywhere that you can find it by any chance? Or at least in whihc court it was tried? I think there is an Appelate comment or an Appelate decisioin - i got it based on reading of what is in the opinion i sahred? Would you mind reading it quickly and from you opinion, here is what it says:


 


The lower court also found that the broker violated the New Jersey Consumer Fraud Act by representing to the landlord that the tenant was financially qualified. It awarded triple damages. On appeal, the broker claimed that its failure to investigate the tenant’s finances prior to submitting the offer was not the cause of the landlord’s damages. The broker also claimed that it did not make affirmative misrepresentations to the landlord and did not violate the Consumer Fraud Act. The Appellate Division disagreed, finding that the tenant breached the lease because it was not able to pay the lease while applying for site plan approval to operate the premises as a diner. It also found the tenant repudiated the lease because the broker represented that the property could be used as a diner, but in fact site plan approval was required, and the tenant was unable to pay the rent during the approval process. As to the Consumer Fraud Act claim, the Court found that the broker knew that the landlord was concerned about the financial qualifications of the tenant yet failed to take reasonable steps to ascertain the tenant’s financial qualifications, although it asserted to the landlord that it did. Therefore, the broker violated the Consumer Fraud Act because it made an affirmative representation to the landlord that the tenant was financially qualified, the representation was material to the landlord’s acceptance of the offer, and the representation was both false and made to induce the landlord to accept the offer.


 


Can i use the last statement to make a legal argument:


Therefore, the broker violated the Consumer Fraud Act because it made an affirmative representation to the landlord that the tenant was financially qualified, the representation was material to the landlord’s acceptance of the offer, and the representation was both false and made to induce the landlord to accept the offer.


 


If i write that and site this case - somebody told me that they may even make me pay their l;egal fees to file a motion to remove the sitation of the unpublished case?? Is that that serious??

Expert:  Lucy, Esq. replied 11 months ago.
We unfortunately don't have the ability to do in-depth case law research here. Any legal law library in your area should have it. Or, again, you could post at a law school looking for a student to try to find it for you. They all have access to the case law research systems. The citation is Hadjiyerou v. 18 Briar Hill Road Corp. A-4958-00T5 (N.J. Super. App. Div. 2002).

The Rules of Court, Rule 1:36-3 states "No unpublished opinion shall constitute precedent or be binding upon any court. Except for appellate opinions not approved for publication that have been reported in an authorized administrative law reporter, and except to the extent required by res judicata, collateral estoppel, the single controversy doctrine or any other similar principle of law, no unpublished opinion shall be cited by any court. No unpublished opinion shall be cited to any court by counsel unless the court and all other parties are served with a copy of the opinion and of all contrary unpublished opinions known to counsel." There is nothing there that say a party who cites an unpublished case can be required to pay the other party's attorney's fees. You may want to check to see if your court has a specific local rule about this, but that rule clearly allows a person to cite an unpublished case as long as he brings copies.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 19609
Experience: JA Mentor
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Customer: replied 11 months ago.


So why is there a review that i sited? who done it and for what reason? where in law school can i ask the students to find it? Do you ahve any exmaples of the boards, etc that i can post this request to>?

Expert:  Lucy, Esq. replied 11 months ago.
Attorneys frequently write summaries of cases to provide the public with information regarding what is going on in the law, even if the case is not published. Beyond that, I'm afraid I can't tell you who wrote the review you posted or why.

If you wanted to hire a law student to do research for you, usually that would entail posting a notice the campus library or asking the school if they have some other place you can do it. But you may want to look for a public law library in your area first.

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