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  • Marano v. Schob

    Publication Date: 2018-06-20
    Practice Area: Labor Law
    Industry:
    Court: Appellate Division
    Judge: Judge Sabatino
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A-3915-16T2

    Plaintiff appealed from the enforcement of a workers' compensation lien that attached to funds plaintiff received in a medical malpractice case.

  • Rice v. Miller

    Publication Date: 2018-06-18
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Appellate Division
    Judge: Judge Sabatino
    Attorneys: For plaintiff: Gary F. Piserchia (Flynn & Associates, PC, attorneys; Gary F. Piserchia and Stephen L. Slavoff, on the briefs)
    for defendant: Robert M. Kaplan (Margolis Edelstein, attorneys; Robert M. Kaplan, of counsel and on the briefs)
    Case Number: A-2513-16T3

    Trial Court Correctly Instructed Jury on Pedestrian Crossing Statute Given Factual Dispute Over Plaintiff's Ability to Use Crosswalk

  • Quail v. Shop-Rite Supermarkets, Inc.

    Publication Date: 2018-06-11
    Practice Area: Evidence | Wrongful Death
    Industry: Retail
    Court: Appellate Division
    Judge: Judge Sabatino
    Attorneys: For plaintiff: Michael S. Bubb (Bubb, Grogan & Cocca, LLP, attorneys; Michael S. Bubb, of counsel and on the briefs; Anthony Cocca, on the brief)
    for defendant: Mark D. Marino (Harwood Lloyd, LLC, attorneys; Stephen Wellinghorst and Mark D. Marino, on the briefs)
    Case Number: A-1164-16T2

    Civil Plaintiff Not Statutorily Entitled to Admit Certificate of Death and Medical Examiner's Report Due to Hearsay Rule

  • Rice v. Miller

    Publication Date: 2018-06-05
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Appellate Division
    Judge: Judge Sabatino
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A-2513-16T3

    Plaintiff appealed from the judgment entered in favor of defendant in plaintiff's negligence action.

  • Jimenez v. Jimenez

    Publication Date: 2018-05-21
    Practice Area: Creditors' and Debtors' Rights | Real Estate
    Industry: Real Estate
    Court: Appellate Division
    Judge: Judge Sabatino
    Attorneys: For plaintiff: Susan Schleck Kleiner
    for defendant: Nicholas R. Jimenez
    Case Number: A-2495-16T1

    Statute Prohibited Unsecured Creditor of One Spouse from Obtaining Partition of Property Owned by Tenancy by the Entirety

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Jimenez v. Jimenez

    Publication Date: 2018-05-08
    Practice Area: Real Estate
    Industry:
    Court: Appellate Division
    Judge: Judge Sabatino
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A-2495-16T1

    Plaintiffs appealed from the trial court's denial of their application to compel the partition and sale of property owned by defendant and his spouse as tenants by the entirety.

  • 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

  • State v. W.S.B.

    Publication Date: 2018-03-05
    Practice Area: Criminal Law
    Industry:
    Court: Appellate Division
    Judge: Judge Sabatino
    Attorneys: For plaintiff: Monica do Outeiro, Assistant Prosecutor (Christopher J. Gramiccioni, Monmouth County Prosecutor, attorney; Monica do Outeiro, of counsel and on the brief)
    for defendant: Stefan Van Jura, Deputy Public Defender (Joseph E. Krakora, Public Defender, attorney; Stefan Van Jura, of counsel and on the brief)
    Case Number: A-5569-16T1

    Dismissal Pursuant to OPA Immunity Erroneous Where Insufficient Evidence of Perceived Severity of Defendants Alleged Overdose

  • Baez v. Paulo

    Publication Date: 2018-03-02
    Practice Area: Medical Malpractice
    Industry:
    Court: Appellate Division
    Judge: Judge Sabatino
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A-3742-16T3

    The parties cross-appealed from the trial court's decision, which ruled that the fictitious pleading process did not justify addition of three defendant physicians following expiration of the statute of limitations, but equitably estopped those defendants from obtaining dismissal because they had waited for over a year of costly discovery before moving for such relief.

  • State v. W.S.B.

    Publication Date: 2018-02-26
    Practice Area: Criminal Law
    Industry:
    Court: Appellate Division
    Judge: Judge Sabatino
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A-5569-16T1

    The state appealed from the trial court's dismissal of defendant's charge of third-degree possession of a controlled substance, pursuant to the immunity provision of the Overdose Prevention Act, which conferred immunity from criminal prosecution for certain possessory drug offenses to persons who requested medical assistance for persons believed to be overdosing, or who believed themselves to be overdosing.