Motley v. Seaside Park Bd. of Adj., 430 N.J. Super. 132 (App. Div. 2013). N.J.S.A. 40:55D-68 allows a non-conforming use or structure to be “restored or repaired in the event of partial destruction thereof.” This opinion, written by Judge Sabatino, addresses a ...
Normally, when the Appellate Division perceives that a purported appeal as of right, which must be from a final judgment, is in fact an interlocutory appeal from a non-final judgment, the court will dismiss the appeal. That is because there ...
Tatham v. Tatham, 429 N.J. Super. 502 (App. Div. 2013). It is not often that a family law opinion touches on so many fundamental procedural issues. This opinion by Judge Fisher addresses subject matter jurisdiction, personal jurisdiction, forum non conveniens, and service ...
Rymarkiewicz v. UMDNJ, ___ N.J. Super. ___ (App. Div. 2013). Our courts, especially the appellate courts, bend over backwards to avoid dismissing cases for a party’s failure to make discovery. This decision by Judge Fasciale, however, involved plaintiff’s egregious and ...
Rosen v. Continental Airlines, Inc., 430 N.J. Super. 97 (App. Div. 2013). The holding of this decision affirmed a defense motion to dismiss this putative class action case for failure to state a claim. Plaintiff had bought a headset from defendant on an airline flight. Defendant had stated at ...
In Orders published yesterday, Chief Justice Rabner temporarily assigned four trial level judges to four different Parts of the Appellate Division. All four of the assignments run from February 25, 2013 through May 3, 2013. Judge Harry G. Carroll, who currently ...
Borough of Merchantville v. Malik & Son, LLC, 429 N.J. Super. 116 (App. Div. 2013). In this condemnation case, one of the defendants, LB-RPR REO Holdings, LLC (“LB”), the assignee of a final judgment of foreclosure on the subject property, contended that the ...
Burns v. Hoboken Rent Leveling & Stabilization Bd., 429 N.J. Super. 435 (App. Div. 2013). This was a prerogative writ case involving rent control. Plaintiffs were tenants in a building owned by defendant Bloomfield 206 Corporation (“Bloomfield”). Plaintiffs and Bloomfield fought before ...
Maeker v. Ross, 430 N.J. Super. 79 (App. Div. 2013). In 2010, the Legislature amended the Statute of Frauds, N.J.S.A. 25:1-5(h), to cover “palimony” agreements, that is, “[a] promise by one party to a non-marital personal relationship to provide support or other consideration ...
Estate of Murray v. Spiegle, 429 N.J. Super. 378 (App. Div. 2013). Judge Fisher, who sat in the Chancery Division before being elevated to the Appellate Division, wrote this opinion for a unanimous panel. The opinion is, in essence, a search for a ...