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Data Informatics, Inc. v. AmeriSource Partners

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued February 22, 2001

Plaintiff Data Informatics, Inc. brought a contract and tort action against defendants, AmeriSOURCE Partners, AmeriSOURCE Consulting, Inc. (collectively, “AmeriSOURCE”) and Rathna Balawat (Balawat), (collectively, “defendants”), seeking damages allegedly resulting from AmeriSOURCE’s placement of its contract computer programmer, Balawat, directly with plaintiff’s client, Alliance Funding Company (“Alliance”), in contravention of the parties’ agreements. AmeriSOURCE defended asserting that plaintiff was barred from proceeding on its claims for failure to comply with the licencing requirements of the Private Employment Agency Act,*fn1 N.J.S.A. 34:8-43 to -66 (the “Act”). The motion judge granted defendants’ motions for summary judgment and dismissed the complaint. Plaintiff’s appeal requires us to interpret the Act to determine whether plaintiff was an employment agency subject to its licensing requirements. We conclude that plaintiff is subject to those requirements, and that its failure to comply with the Act bars it from proceeding on its cause of action. Accordingly, we affirm the dismissal of its complaint.

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