Baratta v. Deer Haven, LLC

ROTHSCHILD, J.S.C.

The court has before it a motion for reconsideration of its order granting sanctions against defendants under Rule 1:4-8 and N.J.S.A. 2A:15-59.1 for their continued assertion of a counter*537claim. The case presents novel questions as to whether it is possible under New Jersey law for defendants to assert a counterclaim against plaintiffs because plaintiffs sued to recoup their investment in defendants’ enterprise.

I. Introduction

Plaintiffs are two doctors, and a lawyer who is the wife of one of the doctors; all three plaintiffs live and work in New Jersey. They invested $1.9…