Legal Document: Boardwalk Nj, Llc Vs Jmc Pop Ups, Llc

On August 30, 2022 a MOTION TO STRIKE ANSWER FOR FAILURE TO MAKE DISCOVERY submitted by FUSCELLARO, SETH, A of SETH A. FUSCELLARO PA on behalf of BOARDWALK NJ, LLC against JMC POP UPS, LLC, JOSEPH MCCULLOUGH, CAPE ISLANDS REALTY LLC, JOSEPH V RULLO was filed involving a dispute between Boardwalk Nj, Llc, and Cape Islands Realtyllc, Jmc Pop Ups, Llc, Joseph Mccullough, Joseph V Rullo, for Book Account (Debt Collection Matters Only) in the District Court of Cape May County.

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CPM-L-000321-22 11/17/2023 1:29:36 PM Pglof2 Trans ID: LCV20233410386

Seth A. Fuscellaro, Esquire
LAW OFFICE OF SETH A FUSCELLARO, P.A.
NJBSA No. 039071998
100 Rio Grande Avenue
Wildwood, NJ 08260
(609) 522-6633

Attorney for Plaintiff,
Boardwalk NJ, LLC

BOARDWALK NJ, LLC, SUPERIOR COURT OF NEW JERSEY
CAPE MAY COUNTY
Plaintiff, CHANCERY DIVISION-EQUITY PART

Vv.
Civil Action
JMC POP UPS, LLC AND
JOSEPH MCCULLOUGH,
DOCKET NO. CPM-L-321-22
Defendant and third party Plaintiff
Vv.

CAPE ISLAND REALTY, LLC AND JOSEPH NOTICE OF MOTION
V. RULLO

Third Party Defendant.

TO: Eric C. Garrabrant, Esquire
100 W. 1% Avenue
North Wildwood, NJ 08260

PLEASE TAKE NOTICE that on Friday, December 8, 2023 at 9:00A.M., or as soon
thereafter as counsel may be heard, the undersigned attorney for the Plaintiff, will apply to the
above named Court, at the Court House, 9 North Main Street, Cape May Court House, New

Jersey, for an Order dismissing the Defendants’, JMC Pop Ups, LLC and Joseph McCullough,
Answers and Defenses for failure to respond to Discovery requests.
Reliance shall be placed upon the enclosed Certification.

A proposed form of Order is annexed.
-CPM-L-000321-22 11/17/2023 1:29:36 PM Pg2of2 Trans ID: LCV20233410386

LA’ ICE OF
SETH A LLARO, PA

SethA° Fuscellaro, Esquire
Attorney for Plaintiff,
Boardwalk NJ, LLC

DATED: November 16, 2023
CPM-L-000321-22 11/17/2023 1:29:36 PM Pg1of35 Trans ID: LCV20233410386

Seth A. Fuscellaro, Esquire
LAW OFFICE OF SETH A FUSCELLARO, P.A.
NJBSA No. 039071998
100 Rio Grande Avenue
Wildwood, NJ 08260
(609) 522-6633
Attorney for Plaintiff,
Boardwalk NJ, LLC

BOARDWALK NJ, LLC, SUPERIOR COURT OF NEW JERSEY
CAPE MAY COUNTY
Plaintiff, CHANCERY DIVISION-EQUITY PART

Vv.
Civil Action
JMC POP UPS, LLC AND
JOSEPH MCCULLOUGH, DOCKET NO. CPM-L-321-22

Defendant and third party Plaintiff
Vv,
CERTIFICATION OF
CAPE ISLAND REALTY, LLC AND JOSEPH SETH A. FUSCELLARO, ESQUIRE
V. RULLO

Third Party Defendant.

I, Seth A. Fuscellaro, Esquire, of full age, certify as follows:

1 I am an attorney at law of the State of New Jersey and the individual personally

entrusted with the handling of this matter on behalf of the Plaintiff, Boardwalk NJ, LLC., and

am fully familiar with the facts contained herein.

2. Under cover of correspondence dated June 21, 2023, I propounded

Interrogatories, as well as a Notice to Produce, upon the attorney for the Defendants, JMC Pop

Ups, LLC and Joseph McCullough. See attached copy of correspondence and Acknowledgmen|

of Service attached hereto as Exhibit “A”.
CPM-L-000321-22 11/17/2023 1:29:36 PM Pg 2 of 35 Trans ID: LCV20233410386

3 Thereafter, under the cover of correspondence dated July 28, 2023, I sent a

request for the responses to the previously propounded Interrogatories and Notice to Produce, to

the Defendant’s attorney via regular and electronic mail, a copy which is attached hereto as

Exhibit “B”

5 Pursuant to the Case Management, the Discovery End Date in this matter was

October 13, 2023 and Arbitration is scheduled for November 30, 2023.

6 On November 6, 2023, I sent correspondence to the Defendant’s Counsel, Eric C.

Garrabrant, Esquire, requesting that all discovery requests be forwarded to my office within ten]

(10) days of I would be obligated to file this Motion. See attached copy of correspondence,

dated November 6, 2023, attached hereto as Exhibit “C”.

7 As of the date of this Certification, I have not received any responses to thq

aforementioned Discovery requests.

8 As of the date of this Certification, the Defendant’s counsel has not requested

additional discover time from the Court in accordance with R.4:21-1(c).

9 At this time, the Plaintiff is not in default of any discovery exchange or requests.

10. The time within which to respond to certain discovery has passed and I have no

received Defendant’s responses to Interrogatories or Notice to Produce. Therefore, I am

requesting that the Defendant’s Answers and Defenses be suppressed.

11. My clients have incurred the following attorney’s fees and costs in the preparatio

and filing of this Motion:

a. Filing Fee: $30.00
b Attorneys Fees:
i Preparation of Notice of Motion: 50

ii. Preparation of Certification of Seth A. Fuscellaro, Esquire: 1.0

iii. Preparation of Order: 50
CPM-L-000321-22 11/17/2023 1:29:36 PM Pg 3 of 35 Trans ID: LCV20233410386

IV. Preparation of Proof of Service: 30
v. Preparation of Correspondence to the Clerk,
enclosing Motion package. 20
TOTAL: 2.5 hours x $300.00= $750.00
+ filing fee $30.00
$780.00

Defendant should be required to pay the attorneys fees and costs incurred as set forth

above.

I hereby certify that the foregoing statements made by me are true to the best of my

knowledge, and I am aware that if any of the foregoing are Ilfully false, I am subject to

punishment.

< Seth A. Fuscellaro, Esquire
Attorney for Plaintiff,
Boardwalk NJ, LLC

Dated: November 16, 2023
CPM-L-000321-22 11/17/2023 1:29:36 PM Pg4of35 Trans ID: LCV20233410386

EXHIBIT “A”
CPM-L-000321-22 11/17/2023 1:29:36 PM Pg5of35 Trans ID: LCV20233410386

LAW OFFICE OF
Ss @ SETH A. FUSCELLARO, P.A.
2 F 100 E. RIO GRANDE AVENUE
WILDWOOD, NEW JERSEY 08260

PHONE: (609) 522-6633
SETH A. FUSCELLARO, ESQUIRE
email: seth@fuscellarolaw.com
FAX: (609) 522-5030
www.fuscellarolaw.com
Member of New Jersey &
New York Bar Associations
NJSBA No. 039071998
June 21, 2023

Eric C. Garrabrant, Esquire
Garrabrant Law Office
100 W. 1% Avenue
North Wildwood, NJ 08260

RE: Boardwalk NJ, LLC vy. JMC Pop Ups, LLC
Docket No. CPM-L-321-22

Dear Mr. Garrabrant:

Enclosed herewith please find an original and one (1) copy of Interrogatories and an original and
one (1) copy of a Notice to Produce with an Acknowledgement of Service for each. Please execute and
return the Acknowledgments to me.

If you have any questions or need for additional information, please do not hesitate to contact
me.

ove rul
B ‘OF SETH A. FUSCELLARO, P.A.

CS
Fuscellaro

SAF/jns
Enclosure(s)
cc. Client
-—f
CPM-L-000321-22 11/17/2023 1:29:36 PM Pg 6 of 35 Trans ID: LCV20233410386

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CPM-L-000321-22 11/17/2023 1:29:36 PM Pg7of35 Trans ID: LCV20233410386

Seth A. Fuscellaro, Esquire
LAW OFFICE OF SETH A FUSCELLARO, P.A.
NJBSA No. 039071998
100 Rio Grande Avenue
Wildwood, NJ 08260
(609) 522-6633
Attorney for Plaintiff,
Boardwalk NJ, LLC

BOARDWALK NJ, LLC, SUPERIOR COURT OF NEW JERSEY
CAPE MAY COUNTY
Plaintiff, CHANCERY DIVISION-EQUITY PART
DOCKET NO. CPM-L-321-22
Vv.
Civil Action
JMC POP UPS, LLC AND
JOSEPH MCCULLOUGH,

ACKNOWLEDGEMENT OF SERVICE
Defendant.

TO: Seth A. Fuscellaro, Esquire

Service of the enclosed Notice to Produce, being propounded upon the Defendant, hereby

acknowledged this day of June, 2023.

Eric C. Garrabrant, Esquire
Attorney for Defendant
CPM-L-000321-22 11/17/2023 1:29:36 PM Pg8of35 Trans ID: LCV20233410386

Seth A. Fuscellaro, Esquire
LAW OFFICE OF SETHA. FUSCELLARO, P.A
NJISBA No. 039071998
100 E. Rio Grande Avenue
Wildwood, NJ 08260
609-522-6633

Attorney for the Plaintiff,
Boardwalk NJ, LLC

BOARDWALK, NJ, LLC, : SUPERIOR COURT OF NEW JERSEY
: LAW DIVISION
Plaintiff, ; CAPE MAY COUNTY

Vv,

DOCKET NO. CPM-L-321-22
JMC POP UPS, LLC AND JOSEPH >
MCCULOUGH Civil Action

Defendants ; NOTICE TO PRODUCE

PLEASE TAKE NOTICE THAT in accordance with R. 4: 18-1, the Plaintiff, Boardwalk

NJ, LLC hereby make a request for production at the Law Office of Seth A. Fuscellaro, P.A.,

100 E. Rio Grande Avenue, Wildwood, New Jersey 08260 on in the time prescribed by the law,

the following:

1 All documents referred to in the Defendant’s Counterclaim.

2 Any and all documents, memoranda, letters and/or other correspondence from

defendant and/or to or from Defendants regarding the subject property.

3 Any document that has any bearing on this case which was prepared or received

by a non-party.

4 Written or recorded statements of Plaintiff, Defendant or any witnesses to any

relevant facts complained of in the Complaint and/or Counterclaim.
CPM-L-000321-22 11/17/2023 1:29:36 PM Pg9of35 Trans ID: LCV20233410386

5 Written and recorded statements of Plaintiff, Defendant or any witnesses having

knowledge of the allegations contained in the Plaintiffs’ Complaint or the Defendant’s
Counterclaim.

6 Any and all documents or writings of whatever kind or description intended to be

relied upon or which may be relied upon in establishing any defense against this demanding

party.

7 Any documents that you receive pursuant to any subpoenas or authorizations in

connection with this action.

8 Written reports of any experts retained by Defendant with respect to the theory or

defenses set forth in the Answer and Counterclaim; and, any and all writings, document
s and/or

physical evidence reviewed b said expert in the preparation of a report, written or oral.

9 Photographs of any tangible thing involved in or relevant to the cause of action

stated in Plaintiff's Complaint and/or the Defendant’s Answer and Counterclaim.

10. Any and all documents you intend to rely upon at Trial.

ICE OF
USCELLARO, P.
SZ
C3225

Seth QEustellaro, Esquire
Attorney for Plaintiff,

Date: June 21, 2023
CPM-L-000321-22 11/17/2023 1:29:36 PM Pg10o0f35 Trans ID: LCV20233410386

Seth A. Fuscellaro, Esquire
LAW OFFICE OF SETH A FUSCELLARO, P.A
NIBSA No. 039071998
100 Rio Grande Avenue
Wildwood, NJ 08260
(609) 522-6633

Attorney for Plaintiff,
Boardwalk NJ, LLC

BOARDWALK NJ, LLC, SUPERIOR COURT OF NEW JERSEY
CAPE MAY COUNTY
Plaintiff, CHANCERY DIVISION-EQUITY PART
DOCKET NO. CPM-L-321-22
Vv.

Civil Action
JMC POP UPS, LLC AND
JOSEPH MCCULLOUGH,

ACKNOWLEDGEMENT OF SERVICE
Defendant.

TO: Seth A. Fuscellaro, Esquire

Service of the enclosed Interrogatories being propounded upon the Defendant, hereby

acknowledged this day of June, 2023.

Eric C. Garrabrant, Esquire
Attorney for Defendant
CPM-L-000321-22 11/17/2023 1:29:36 PM Pg1lof35 Trans ID: LCV20233410386

Seth A. Fuscellaro, Esquire
LAW OFFICE OF SETH A. FUSCELLARO, P.A.
NJSBA No. 039071998
100 E. Rio Grande Avenue
Wildwood, NJ 08260
(609) 522-6633

Attorney for Plaintiff,
Boardwalk NJ, LLC

BOARDWALK NJ, LLC, SUPERIOR COURT OF NEW JERSEY
CAPE MAY COUNTY
Plaintiff, CHANCERY DIVISION-EQUITY PART
Vv,
DOCKET NUMBER: CPM-L-321-22

JMC POP UPS, LLC AND
JOSEPH MCCULLOUGH Civil Action

Defendant. : INTERROGATORIES

TO: Eric C. Garrabrant, Esquire
100 W. 1* Avenue
North Wildwood, NJ 08260

PLEASE TAKE NOTICE that the Plaintiff, Boardwalk NJ, LLC, hereby demands that

the Defendants, JMC Pop Ups, LLC and Joseph McCullough, provide Answers to the followin
g
Interrogatories under oath and in writing within the time prescribed by the Rules of the
Court. It
is also demanded that the Answers to the Interrogatories be given if the same are not first
hand. >
but where the information supplied is not first hand, to.so- te in the Answers thereto.

W OF H A. FUSCELLARO, P.A.

By
Séth cellaro, Esquire
torney for Plaintiff,
Dated: June 21, 2023
CPM-L-000321-22 11/17/2023 1:29:36 PM Pg120f35 Trans ID: LCV20233410386

1 State: a) the full name, and residence of each Defendant.

2 State the names and addresses of all persons who were witness to or have
knowledge or information of any relevant facts relating to this action or who possesses proof of
the incident or acts involved, their relationship to you and indicate which were eyewitnesses.

a. State the substance of the knowledge of each individual or entity.

3 Have you sought information from any of your agents, or representatives who
have knowledge whatsoever bearing upon these questions? If not, why not?
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4. If you have received any communication pertaining to this action from the
Plaintiffs or anyone acting on behalf of the Plaintiffs, attach a true copy of the communication.
If the original or a copy is no longer in existence, set forth the date and substance of each such
communication and from whom received.

5 If you or any parties to this action or any witnesses made any statements or
admissions, set forth:
a) what was said;
b) by whom said;
c) date and place where said; and
d) in whose presence, giving names and addresses of any person having
knowledge thereof.

6. State the names and addresses of all persons who have knowledge of any facts
relating to the case.
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7 If you claim that the Plaintiffs made any admissions as to the subject matter of
this lawsuit state:

a) the date made;
b) the name of the person by whom made;
c) the name and address of the person to whom made;
qd) where made;
e) the name and address of each person present at the time the admission was
made;
f) the contents of the admission; and
8) if in writing, attach a copy.

8 If you or your representative and the Plaintiffs have had any oral communication
concerning the subject matter of this lawsuit, state:

a) the date of the communication;
b) the name and address of each participant;
c) the name and address of each person present at the time of such
communication;
d) where such communication took place; and
e) a summary of what was said by each party participating in the
communication.
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If you have obtained a statement from any person not a party to this action, state

a) the name and present address of the person who gave the statement;
b) whether the statement was oral or in writing and if in writing, attach a
copy;

c) the date the statement was obtained;
d) if such statement was oral, whether a recording was made, and if so, the
nature of the recording and the name and present address of the person who has custody of it;
e) if the statement was written, whether it was signed by the person making
it;
p the name and address of the person who obtained the statement; and
8) if the statement was oral, a detailed summary of its contents.

10. Describe with specificity and attach copies of any and all documents or
correspondence relevant to the issues in the case at bar or which you will rely upon in support of
your claims or in defense of the claims of other parties to this litigation.

11. Please attach to the answers to these Interrogatories all written documents, which
you intend to produce at the time of trial, or will rely on in answering any of the Interrogatories.
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12. State the names and addresses of any and all proposed expert witnesses and annex
true copies of all written reports provided to you by any such proposed expert witnesses.

13. Does the Defendant answering these interrogatories claim that someone else is
legally responsible in whole or in part for the breach?
CPM-L-000321-22 11/17/2023 1:29:36 PM Pg17 of 35 Trans ID: LCV20233410386

14, Tf so, state:
a) the name or other means of identification of said other person, corporation
or other form of business entity;
b) the present residence or address of the principal office of said individual,
corporation or other form of business entity;
°) the relationship between the Plaintiffs and other responsible person,
corporation or other form of business entity; and
qd) all facts known to the Plaintiffs indicating or tending to indicate that said
other firm, corporation or other form of business entity is responsible to the Plaintiff for
Plaintiff's claim in this suit.

15 Did you enter into a Lease with the Plaintiffs?

16. Was the Lease written? If so, state:
a) the name, address and occupation of the person who prepared or drafted
the Contract;
b) the name and address of each person signing the Lease;
c) the name and address of each person other than Defendant who has
custody of a copy of the Lease; and
d) attach a copy of the Lease hereto.
e) were you represented by counsel at the time of signing?
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17. Set forth with specificity and particularity each and every fact upon
which you
will rely with regard to the provisions and consideration of the Lease.

18. Prior to the execution of the Lease, did you or any of your representative
s have
any discussions or negotiations with the Plaintiffs or any of their
representatives concerning the
terms of the Contract?
CPM-L-000321-22 11/17/2023 1:29:36 PM Pg19o0f35 Trans ID: LCV20233410386

19 If so, state:
a) the date;
b) the place;
c) the name and address of each person present;
qd) the matter discussed; and
8) whether any decisions or agreements were reached and if so, state each
such decision and agreement.

20. Under the terms of the Lease, what benefits or other advantages were you to
receive either directly or indirectly?
CPM-L-000321-22 11/17/2023 1:29:36 PM Pg 20 0f35 Trans ID: LCV20233410386

21. Under the terms of the Lease, what benefits or other advantages were to be
received by the Plaintiffs, either directly or indirectly?

22. Do you claim that you received an inadequate consideration for the benefits you
conferred under the Lease?

23. If so, what value do you attribute to the benefits or other consideration you
received and/or were to received under the Lease?

24. Do you contend that the Lease was modified after execution?
CPM-L-000321-22 11/17/2023 1:29:36 PM Pg 21o0f35 Trans ID: LCV20233410386

25. If so, for each such modification, state:
a) when the modification was made;
b) by whom the modification was made; and
¢) the substance of the modification.

26. Was any written record made of the claimed modification? If so, state the name
and address of the present custodian of each record and attach a copy of each record to your
answers to these Interrogatories.

27. Did you fail to perform any of your obligations under the Lease at the time
appointed for the performance?
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28. If so, describe each obligation you did not perform and state the date the
performance was due.

29. Do you claim that you were excused from performance of any obligation under
the Lease?

30 If so, for each such excuse, state:
a) the facts constituting the excuse;
b) the dates and duration of each such fact; and
c) whether it was possible for you to perform your obligations despite such
facts and if so, describe in detail how your performance would be made more expensive, time
consuming or difficult by reason of such facts.
CPM-L-000321-22 11/17/2023 1:29:36 PM Pg 23 0f 35 Trans ID: LCV20233410386

31 Did you inform the Plaintiffs of any reason for your non-performance?

32 If so, state:
a) when you informed the Plaintiffs;
b) the manner in which you informed the Plaintiffs;
c) the name and address of each person having knowledge of your
communication; and
d) the substance of your communication.

33. Was any written record made of your communication to the Plaintiffs? If so, state
the name and address of the present custodian of each record and attach a copy of each record to
your answer to these Interrogatories.
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34. Did you make any attempt to alleviate or overcome any of the facts, which
contributed to the non-performance of your obligation under the Lease?

35. If not, why not?

36 If you did, for each fact, state:
a) the remedial action taken;
b) the inclusive dates of the action;
c) the name and address of each person having knowledge of your action;
d) the degree of success achieved; and
€) the reasons for any such lack of success.

37. Do you contend that the Plaintiffs were instrumental in the creation of any of the
facts, which resulted in your failure to perform your obligation under the terms of the Lease?
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38. If so, upon what facts do you base this contention?

39. If you do not contend that the Plaintiffs contributed to the creation of any of these
facts, do you have any other basis for claiming that the Plaintiffs are responsible for their actions
under the Lease?

40. If so, on what other basis do you rely?
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41 Do you contend that the Plaintiffs failed to perform their obligation under the
Lease?

42 If so, state:
a) when the Plaintiffs allegedly breached the Lease;
b) the nature and extent of the breach; and
c) ‘the name and address of each person having knowledge thereof.

43 State the factual basis for defenses to any of the separate or affirmative defenses
alleged by any Defendant.
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44, On what date did you stop performing under the Lease?

45. Describe and attach all documentation of any kind whatsoever received by the
Defendants from the Plaintiffs.

CERTIFICATION

I certify that the foregoing statements made by me are true. I am aware that if any of the
foregoing statements made by me are willfully false, I am subject to punishment.

JMC Pop Up, LLC by
Joseph McCullough, Member

DATED:
CPM-L-000321-22 11/17/2023 1:29:36 PM Pg 28 0f35 Trans ID: LCV20233410386

EXHIBIT “B”
CPM-L-000321-22 11/17/2023 1:29:36 PM Pg 29 of 35 Trans ID: LCV20233410386
aaa

S @
LAW OFFICE OF

SETH A. FUSCELLARO, P.A.
100 E. RIO GRANDE AVENUE
WILDWOOD, NEW JERSEY 08260

SETH A. FUSCELLARO, ESQUIRE PHONE: (609) 522-6633
email: seth@fuscellarolaw.com FAX: (609) 522-5030
www.fuscellarolaw.com
Member of New Jersey &
New York Bar Associations
NJSBA No. 039071998

July 28, 2023

Eric C. Garrabrant, Esquire
Garrabrant Law Office
100 W. 1t Avenue
North Wildwood, NJ 08260
Via electronic and regular mail

RE: Boardwalk NJ, LLC v. JMC Pop Ups, LLC
Docket No. CPM-L-321-22

Dear Mr. Garrabrant:

Kindly be advised that I continue to represent the interest of Boardwalk, NJ, LLC in the
referenced matter. I propounded interrogatories and a Notice to Produce in early June and J have not
had a response. At this time, I am requesting that answer and documents be provided timely to avoid the
filing a Notice of Motion to Suppress.

If you have any questions or need for additional information, please do not hesitate to contact
me.

—— _—
Ve ours,
ICE OF SETH A. FUSCELLARO, P.A.

(sam ceharo

SAF/jns
Enclosure(s)
cc. Client
CPM-L-000321-22 11/17/2023 1:29:36 PM Pg 30 0f35 Trans ID: LCV20233410386

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4
Gmail Jeanette Scheidell

Boardwalk NJ, LLC v. JMC Pop Ups, LLC
1 message

Jeanette Scheidell Tue, Aug 1, 2023 at 9:29 AM
To: “ericgarrabrant15@gmail.com"

Dear Mr. Garrabrant, Esquire,

Attached hereto, please fi ind correspondence from Seth Fuscellaro, Esquire regarding the
above
captioned.
as
Thank you,
Jeanette N Scheidell, secretary to
Seth A. Fuscellaro, Esquire
The Law Office of Seth A. Fuscellaro, P.A.
100 E. Rio Grande Avenue
Wildwood, NJ 08260
(609)522-6633 telephone
(609)522-5030 facsimile

ATTENTION:

This e-mail contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended
only for the use of
the Individual(s) named above. If you are not the intended recipient of this e-mail,
or the employee or agent
responsible for delivering it to the intended recipient, you are hereby notified that any
dissemination or
copying of this e-mail is strictly prohibited. If you have received this e-mail in error,
please immediately
notify us by telephone at (609) 522-6633 or notify us by e-mail at jeanette@fuscell
arolaw.com. Although The
Law Office of SethA. Fuscellaro, P.A. attempts to sweep e-mail and attachme
nts for viruses, it does not
guarantee that cither is virus-free and accepts no liability for any damage sustained as a result
of viruses.

aig‘
t
Itr to Garrabrant, Esq. 07.28.2023.pdf
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CPM-L-000321-22 11/17/2023 1:29:36 PM Pg 32 of 35 Trans ID: LCV20233410386

EXHIBIT “C”
CPM-L-000321-22 11/17/2023 1:29:36 PM Pg 33 of 35 Trans ID: LCV20233410386

S |
LAW OFFICE OF

SETH A. FUSCELLARO, P.A.
100 E. RIO GRANDE AVENUE
WILDWOOD, NEW JERSEY 08260

SETH A. FUSCELLARO, ESQUIRE PHONE: (609) 522-6633
email: seth@fuscellarolaw.com FAX: (609) 522-5030
www.fuscellarolaw.com
Member of New Jersey &
New York Bar Associations
NJSBA No. 039071998
November 6, 2023

Eric C. Garrabrant, Esquire
Garrabrant Law Office
100 W. 18 Avenue
North Wildwood, NJ 08260
Via electronic and regular mail

RE: Boardwalk NJ, LLC v. JMC Pop Ups, LLC
Docket No. CPM-L-321-22

Dear Mr. Garrabrant:

Pursuant to my correspondence to you dated July 28, 2023, I am hereby requesting for your
clients answers to the Interrogatories and responses to the Notice to Produce forwarded to you on June
21, 2023. Kindly provide responses to the previously forward interrogatories within the next
ten (10)
days or I will be obligated file the appropriate Notice of Motion to Suppress with the Court.

If you have any questions or need for additional information, please do not hesitate to contact
me,

Z
?
- Very, Fru Yours, ——~
FI OF SETH A. FUSCELLARO, P.A.
ee

Ce Seth
—_—— scellaro

SAF/mm
Enclosure(s)
ec. Client
CPM-L-000321-22 11/17/2023 1:29:36 PM Pg 340f35 Trans ID: LCV20233410386
W6/23, 4:23 FI The Fuscellaro Firm Mail - Boardwalk NJ v. JMC Pop Up

%4 Gmail Mary Marchina

Boardwalk NJ v. JMC Pop Up
1 message

Mary Marchina Mon, Nov 6, 2023 at 4:22 PM
To: eric@ericgarrabrant.com

Mr. Garrabrant:

Attached please find correspondence from Seth with regard to the referenced matter.
-

Thank you,
Mary Marchina, secretary to
Seth A. Fuscellaro, Esquire
The Law Office of Seth A. Fuscellaro, PA.
100 E. Rio Grande Avenue
Wildwood, NJ 08260
(609)522-6633 telephone
(609)522-5030 facsimile

ATTENTION:

This e-mail contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the Individual(s) named
above. If you are not the intended recipient of this e-mail, or the employee or agent responsible for delivering it to the intended
recipient, you are hereby notified that any dissemination or copying of this e-mail is strictly prohibited. If you have received this e-
mail in error, please immediately notify us by telephone at (609) 522-6633 or notify us by e-mail at mary@fuscellarolaw.com.
Although The Law Office of Seth A. Fuscellaro, P.A. attempts to sweep e-mail and attachments for viruses, it does not guarantee
that either is virus-free and accepts no liability for any damage sustained as a result of viruses.

20231106151349.pdf
A— 43K

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CPM-L-000321-22 11/17/2023 1:29:36 PM Pg 35 0f35 Trans ID: LCV20233410386
LAW OFFICE OF
1 A, FUSCELLARO, P.A.
E. RIO GRANDE AVENUE. (3: US POSTAGE
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WOOD, NEW JERSEY 08260
= ——————
ZIP 08260
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0006088851 NOV 06 2023

Eric C. Garrabrant, Esquire
Garrabrant Law Office
100 W. 15 Avenue
North Wildwood, NJ 08260
CPM-L-000321-22 11/17/2023 1:29:36 PM Pglof1 Trans ID: LCV20233410386

Seth A. Fuscellaro, Esquire
LAW OFFICE OF SETH A FUSCELLARO, P.A.
NJBSA No. 039071998
100 Rio Grande Avenue
Wildwood, NJ 08260
(609) 522-6633
Attorney for Plaintiff,
Boardwalk NJ, LLC

BOARDWALK NJ, LLC, SUPERIOR COURT OF NEW JERSEY
CAPE MAY COUNTY
Plaintiff, CHANCERY DIVISION-EQUITY PART
DOCKET NO. CPM-L-321-22
V.
Civil Action
JMC POP UPS, LLC AND
JOSEPH MCCULLOUGH,
PROOF OF MAILING
Defendants.

1 I, Mary Marchina, am a secretary at The Law Office of Seth A. Fuscellaro, P.A.,
and work primarily for Seth A. Fuscellaro, Esquire.

2. On November 17, 2023, I sent by regular mail and certified mail, a sealed
envelope with postage prepaid thereon, containing two (2) copies of a Notice of Motion to
Suppress, Certification of Counsel in support of Motion and a proposed form of Order and
addressed to Attorney for Defendants, JMC Pop Ups, LLC and Joseph McCullough, Eric C.
Garrabrant, Esquire, 100 W. 1S‘ Avenue, North Wildwood, New Jersey 08260.

3 On November 17, 2023, I sent via JEDS a Notice of Motion to Suppress,
Certification of Counsel in support of Motion and a proposed form of Order to Clerk, Law
Division, Superior Court of New Jersey, 4 Moore Road, Cape May Court House, New Jersey
08210.

3 On November 17, 2023, I sent by regular mail a sealed envelope with postage
prepaid thereon, containing two (2) copies of a Notice of Motion to Suppress, Certification of
Counsel in support of Motion and a proposed form of Order and addressed to Attorney for
Third Party Defendants, Cape Island Realty and Joseph Rullo, Tracy L. Burnley.

I certify that the foregoing statements made by me are true. I am aware that if any of the
foregoing statements made by me are willfully false, I am subject to punishment.

“Meany Morckijno—
Mary Magthina
Dated: November 17, 2023
CPM-L-000321-22 11/17/2023 1:29:36 PM Pg1lof2 Trans ID: LCV20233410386

Seth A. Fuscellaro, Esquire
LAW OFFICE OF SETH A FUSCELLARO, P.A.
NJBSA No. 039071998
100 Rio Grande Avenue
Wildwood, NJ 08260
(609) 522-6633
Attorney for Plaintiff,
Boardwalk NJ, LLC

BOARDWALK NJ, LLC, SUPERIOR COURT OF NEW JERSEY
CAPE MAY COUNTY
Plaintiff, CHANCERY DIVISION-EQUITY PART

V.
Civil Action
JMC POP UPS, LLC AND
JOSEPH MCCULLOUGH, DOCKET NO. CPM-L-321-22

Defendant and third party Plaintiff
Vv.
ORDER
CAPE ISLAND REALTY, LLC AND JOSEPH
V. RULLO

Third Party Defendant.

THIS MATTER having come before the Court upon the application of Seth A.

Fuscellaro, Esquire of the law firm of Seth A. Fuscellaro, PA, attorney for the Plaintiff,

Boardwalk NJ, LLC, and notice having been provided to Eric C. Garrabrant, Esquire, attorney

for the Defendant’s, JMC Pop Ups, LLC and Joseph McCullough as well as attorney’s for the

third party Defendant, and the Court having considered the papers filed and any opposition

thereto, and for good cause shown:

IT IS on this day of , 2023, ORDERED that the Defendants’, JMC Pop Ups,

LLC and Joseph McCullough, Answer, Counterclaim and Defenses shall be suppressed, or

otherwise stricken, without prejudice, for failure to respond to the Discovery requests of the

Plaintiff.
CPM-L-000321-22 11/17/2023 1:29:36 PM Pg2of2 Trans ID: LCV20233410386

IT IS FURTHER ORDERED AND ADJUDGED that the Defendant shall pay to the Plaintiff's

attorney, Seth A. Fuscellaro, Esquire, attorney’s fees and costs in the amount of $

within days of the date of this Order.

JS.C.

Case Info

Judge

James H Pickering Jr Track Judge’s New Case

Case No.

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Document Filed Date

November 17, 2023

Case Filing Date

August 30, 2022

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