New Jersey Highway Authority, Plaintiff-Appellant v. Mary Renner, Defendant-Respondent

Summary

The Supreme Court of New Jersey affirmed the Appellate Division's reversal of the trial judge's dismissal of the defendant's counterclaim, holding that the counterclaim must be tried by a jury. The Court reasoned that the specific‑performance action and the counterclaim were distinct, and that res judicata did not bar the counterclaim because the issue was not finally decided in the equity proceeding. Accordingly, the case was remanded for a jury trial on the counterclaim.