JB Pool Management, LLC v. Four Seasons at Smithville Homeowners Ass’n, Inc., 431 N.J. Super. 233 (App. Div. 2013).  Plaintiff, a pool management company, contracted with defendant condominium association to supply lifeguards and maintenance service for the association’s indoor pool.  During the ...

Having agreed to review on an emergent basis an attack on Governor Christie’s decision to schedule a special primary in August and a general election in October to fill the United States Senate seat that had been held by Senator ...

Flood .v. Aluri-Vallabhaneni, 431 N.J. Super. 365 (App. Div. 2013).  On June 4, in Koseoglu v. Wry, 431 N.J. Super. 140 (App. Div. 2013), a panel consisting of Judges Messano, Lihotz and Kennedy, in an opinion by Judge Lihotz, discussed here, raised questions about ...

In an Order filed late yesterday, and available here, the Appellate Division granted the emergent application of challengers to Governor Christie’s writ of election that scheduled a special primary election in August and a special general election in October to ...

The Appellate Division Emergent Duty Summer Schedule, covering June 10-September 8, was made public this morning.  Although the schedule is subject to change, as the Appellate Division itself has noted, no judge has more than one one-week period of emergent duty.  In ...

E.B. v. Division of Medical Assistance & Health Services, 431 N.J. Super. 183 (App. Div. 2013).  This appeal challenged the issuance of Medicaid Communication No. 11-03 by the defendant Division.  In that Communication, the Division required a Medicaid applicant or recipient to ...

Koseoglu v. Wry, 431 N.J. Super. 140 (App. Div. 2013).  This opinion by Judge Lihotz was issued in April but was approved for publication only today.  It is a medical malpractice case, on cross-appeals from motions for judgment notwithstanding the verdict (“n.o.v.”) ...

Grijalba v. Floro, 431 N.J. Super. 57 (App. Div. 2013).  As Judge Fasciale’s opinion in this case shows in detail, issues of whether and when a property owner is liable for injuries that occur on a sidewalk abutting the property have been ...

Tumpson v. Farina, 431 N.J. Super. 164 (App. Div. 2013).  This case arose under the Faulkner Act, N.J.S.A. 40:69A-1 to -210.  [Disclosure:  My firm, Lite DePalma Greenberg, LLC, represented defendants in this matter].  In Faulkner Act municipalities, citizens may petition to hold ...

Vellucci v. Allstate Ins. Co., 431 N.J. Super. 39 (App. Div. 2013).  Plaintiff’s decedent was employed by Allstate at an office building owned, designed, built, and managed by Mack-Cali Realty, L.P.  Plaintiff alleged that the decedent contracted Legionnaire’s Disease from the building’s ...