All state courts and offices, as well as the United States District Court for the District of New Jersey, are closed today due to the snowstorm that has already begun. The Appellate Division has postponed all oral arguments that had ...
Baez v. Paulo, 453 N.J. Super. 422 (App. Div. 2018). This was a medical malpractice/wrongful death case. The Law Division had precluded plaintiff from adding three doctors as defendants after the statute of limitations had expired, ruling that plaintiff had ...
Due to an unusual amount of business travel (alas, only to three cold-weather locations) and a hefty appellate brief, I have not been able to keep up with the courts in recent weeks. Here is a belated, and far from ...
Foreclosure Defendant May Not Fail to Pursue a Germane Defense and Then Sue for Fraud by Foreclosure
Adelman v. BSI Fin. Services, 453 N.J. Super. 31 (App. Div. 2018). This case, which was the subject of Judge Koblitz’s decision today, arose out of a foreclosure action. Plaintiff, the defendant in the foreclosure case, belatedly (after the sheriff’s ...
Chief Justice Rabner has announced that Judge Patrick DeAlmeida is being temporarily assigned to the Appellate Division. The assignment runs from January 16, 2018 “until further order.” Judge DeAlmeida “shall serve on such Part(s) as ordered by the Appellate Division ...
Conley v. New Jersey Department of Corrections, 452 N.J. Super. 605 (App. Div. 2018). This was an appeal brought by a pro se prisoner under the Open Public Records Act, N.J.S.A. 47:1A-1 to -13 (“OPRA”). He sought certain monthly reports ...
All the Way Towing, LLC v. Bucks County International, Inc., 452 N.J. Super. 565 (App. Div. 2018). Today’s opinion by Judge Fisher reaffirms a fundamental principle: on summary judgment, a court must view the facts most favorably to the opponent ...
Green v. Monmouth University, 452 N.J. Super. 542 (App. Div. 2018). Today’s opinion by Judge Leone affirmed summary judgment in favor of defendant Monmouth University under the Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11 (“the Act”). Judge Ostrer joined in ...
M.C. v. G.T., 452 N.J. Super. 509 (App. Div. 2018). Judge Fisher used no more words than necessary in his five-page opinion on this appeal. Plaintiff filed a complaint against defendant under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 ...
Banc of America Leasing & Capital, LLC v. Fletcher-Thompson, Inc., ___ N.J. Super. ___ (App. Div. 2018). Judge Koblitz kicked off 2018 with a concise opinion that expresses an important legal rule: a creditor of an individual debtor may not ...