A New Jersey appeals court has revived a lawsuit seeking damages from the firm of McCusker, Anselmi, Rosen & Carvelli over its filing of a so-called sham lawsuit to stop development of a new McDonald’s restaurant.

Dismissal of the suit, based on the failure of plaintiff Passaic Industrial Properties, or PIP, to comply with a discovery order, was an abuse of judicial discretion because no consideration was given to imposition of lesser sanctions, the appeals court said Tuesday. The ruling reinstates PIP’s claims against Florham Park-based McCusker Anselmi, attorneys Paul Carvelli and William Munday, and their clients, Darrin Lentini and Cristina Gervasi.