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  • Patterson v. Reidinger

    Publication Date: 2018-03-12
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Appellate Division
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A-3089-16T1

    Following a bench trial, the trial judge determined that respondent-landlord had deducted $2,923.73 from appellant-tenants' security deposit due to damage to the property, and had given timely and proper notice to appellants. However, the trial judge found that the deduction of $228.50 for the replacement of a damaged chair "not to be proper," and directed respondent to reimburse appellants that amount.

  • Baez v. Paulo

    Publication Date: 2018-03-12
    Practice Area: Medical Malpractice
    Industry:
    Court: Appellate Division
    Judge: Judge Sabatino
    Attorneys: For plaintiff: Kevin J. Clancy (Lowis & Gellen, LLP) (Marshall Dennehey Warner Coleman & Goggin, PC and Kevin J. Clancy, attorneys; Louis A. Ruprecht, on the brief; Walter F. Kawalec and Lynne N. Nahmani, on the brief)
    for defendant: David Maran (Maran & Maran, PC, attorneys; David Maran, on the briefs)
    Case Number: A-3742-16T3

    Fictitious Pleading Could Not Permit Untimely Addition of Defendants Except Where Plaintiff Lacked Knowledge of Identities

  • New Gold Equities Corp. v. Jaffe Spindler Co.

    Publication Date: 2018-03-12
    Practice Area: Business Torts
    Industry: Investments and Investment Advisory
    Court: Appellate Division
    Judge: Judge Alvarez
    Attorneys: For plaintiff: Brendan M. Walsh (Pashman Stein, attorneys; Michael S. Stein and Brendan M. Walsh, of counsel and on the briefs)
    for defendant: S. Robert Schrager (Erin Nicole Teske (Hodgson Russ LLP), Jacquelyn R. Trussell (Hodgson Russ LLP), and S. Robert Schrager, attorneys; Erin Nicole Teske, Jacquelyn R. Trussell, and S. Robert Schrager, on the briefs); Bertone Piccini (Joseph A. Pojanowski, III, on the brief)
    Case Number: A-0200-15T1

    Quoting of Payoff Amount Was Not Enumerated Obligation of Indenture Agreement and Therefore Not Subject to Duty of Due Care

  • Estate of Yearby v. Middlesex Cnty.

    Publication Date: 2018-03-12
    Practice Area: Medical Malpractice
    Industry: Health Care | State and Local Government
    Court: Appellate Division
    Judge: Judge Fuentes
    Attorneys: For plaintiff: Holtzman & McClain, P.C. (Stephen D. Holtzman and Jeffrey S. McClain, on the brief)
    for defendant: The BMB Law Firm, PC (Daniel A. Malet and Jeffrey V. Fucci, on the brief); Kelso and Bradshaw (Patrick J. Bradshaw, on the statement in lieu of brief); Dvorak & Associates, LLC (Marc D. Mory, on the statement in lieu of brief)
    Case Number: A-2477-16T2

    Counsels Misconduct in Failing to Comply with AOM Statute Insufficient to Excuse Plaintiffs from Statutes Requirements

  • In the Matter of New Brunswick Mun. Emp. Assn

    Publication Date: 2018-03-12
    Practice Area: Employment Compliance
    Industry: State and Local Government
    Court: Appellate Division
    Judge: Judge Accurso
    Attorneys: For plaintiff: Oxfeld Cohen, PC (Samuel Wenocur, on the briefs)
    for defendant: Bauch Zucker Hatfield, LLC (Kathryn V. Hatfield, of counsel and on the brief; Elizabeth Farley Murphy, on the brief); Robin T. McMahon, General Counsel (Joseph P. Blaney, Deputy General Counsel, on the statement in lieu of brief)
    Case Number: A-1041-16T2

    Municipal Employer Not Statutorily Prohibited From Negotiating Higher Retiree Health Care Cost Contribution Rate

  • Investors Bank v. Visions Dev. Group, LLC

    Publication Date: 2018-03-09
    Practice Area: Creditors' and Debtors' Rights
    Industry:
    Court: Appellate Division
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A-3588-15T1

    Real estate broker appealed summary judgment in favor of plaintiff. Plaintiff held defendant's executed note, construction loan mortgage, an assignment of rents and leases and a security agreement.

  • Roach v. New Jersey State Parole Bd

    Publication Date: 2018-03-09
    Practice Area: Wrongful Death
    Industry:
    Court: Appellate Division
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A-2277-15T2

    Plaintiff appealed from the dismissal of her complaint based on defendants' Tort Claims Act immunity.

  • In the Matter of the Estate of Edna M. Fone

    Publication Date: 2018-03-09
    Practice Area: Trusts and Estates
    Industry:
    Court: Appellate Division
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A-1738-16T3

    Decedent, pre-deceased by her husband, had two children: Richard and Katherine. Her estate had been the subject of two probate actions. In the underlying appeal, Richard asserted that the chancery judge erred in dismissing his complaint in which he sought to admit a 1997 copy of a will for probate.

  • Hudson-Troy Towers Apartment, Corp. v. Healthy Dozen Corp.

    Publication Date: 2018-03-09
    Practice Area: Real Estate
    Industry:
    Court: Appellate Division
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A-3768-15T3

    Defendant appealed from the order entering final judgment in favor of plaintiff. Plaintiff operated a housing cooperative; defendant owned shares of stock in plaintiff, allocated to a specific apartment unit in plaintiff's building.

  • Paff v. Cape May County Prosecutor's Office

    Publication Date: 2018-03-09
    Practice Area: Public Records
    Industry:
    Court: Appellate Division
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A-4604-14T1

    Defendant appealed the trial court's order and its award of counsel fees to plaintiff. Plaintiff made an OPRA and common law request for letters containing exculpatory or favorable information concerning two police officers.