Nj counterclaim 2025

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The document is a verified counterclaim by defendant PQR, Inc. against the plaintiff regarding a commercial lease agreement. It outlines claims of mutual and unilateral mistakes concerning the square footage of the leased space, resulting in overbilling for rent, common area maintenance (CAM) charges, and taxes. PQR seeks reformation of the lease, credits for overpayments, and a declaratory judgment to prevent unauthorized charges related to a capital replacement cost fund. The counterclaim includes multiple counts such as breach of contract and unjust enrichment.

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What is the rule of counterclaims?

(c) Counterclaim Exceeding Opposing Claim. A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party.

How long do you have to respond to a counterclaim in NJ?

A party served with a pleading stating a counterclaim or crossclaim against that party shall serve an answer thereto within 35 days after the service upon that party. A reply to an answer, where permitted, shall be served within 20 days after service of the answer.

What is the rule 11 in NJ?

Since its original promulgation, Rule 11 has provided for the striking of pleadings and the imposition of disciplinary sanctions to check abuses in the signing of pleadings.

What is the rule for counterclaims court in New Jersey?

4:7-1. Mandatory or Permissive Counterclaims 4:67-4 (summary actions), a pleading may state as a counterclaim any claim against the opposing party whether or not arising out of the transaction or occurrence that is the subject matter of the opposing partys claim.

What is the rule 2 2 4 in New Jersey?

Rule 2:2-4 provides that leave to appeal from an interlocutory order may be granted in the interest of justice. R. 2:2-4. Whether to grant leave is within the Appellate Divisions discretion and is exercised sparingly.

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