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The New Jersey Appellate Division Affirms Order Entered in the Chancery Division Permanently Enjoining Appellants from Operating

massage stones and oil with towels

On September 6, 2019, Joseph H. Tringali, Esq., a partner at Bendit Weinstock P.A. representing the Township of Maplewood and the Board of Health for the Township of Maplewood, filed a verified complaint and order to show cause in the Superior Court of New Jersey, Chancery Division, alleging defendants were operating a massage business without a permit. The verified complaint also alleged that defendants' conduct constituted a nuisance and public endangerment that threatened to harm the health, safety, and general welfare of persons who entered and patronized the massage business. The verified complaint sought immediate, temporary, and permanent restraints against defendants' continued violation of the municipal code.

After months of litigation and a final hearing was held, the court entered an order on March 2, 2020 which: (1) permanently enjoined defendants from operating a massage business at the business premises without a permit; (2) directed defendants to permanently lock the exterior doors of the massage business to ensure it remained closed to the public for all unpermitted business; (3) permitted Maplewood officials to post signs alerting the public to the fact that the massage business was not permitted to provide massage services without a permit; and (4) prohibited defendants from removing or obscuring those signs. Defendants filed an appeal alleging myriad issues with the trial court’s ruling. Mr. Tringali and Bendit Weinstock Partner, Sherri D. Fowler, Esq. filed opposition.

In a decision released on April 27, 2021, the Appellate Division affirmed the March 2, 2020 order. For the full opinion, visit

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