L&W Supply Corp. v. DeSilva, 429 N.J. Super. 179 (App. Div. 2012).  In Craft v. Stevenson Lumber Yard, Inc., 179 N.J. 56 (2004), the Supreme Court ruled that a supplier of materials who seeks to file a construction lien must apply payments ...

In re Veto of Minutes of New Jersey Racing Comm’n, 429 N.J. Super. 277 (App. Div. 2012).  This case, in which Judge Messano wrote the Appellate Division’s opinion, involved an unusual statutory scheme.  Under legislation that created the Atlantic City Tourism District, ...

Burke v. Brandes, 429 N.J. Super. 169 (App. Div. 2012).  This opinion, by Judge Parrillo, addresses an Open Public Records Act (“OPRA”) request made to the Office of the Governor for government records regarding “EZ Pass benefits afforded to retirees of the Port Authority, ...

Santiago v. New York & New Jersey Port Authority, 429 N.J. Super. 150 (App. Div. 2012).  N.J.S.A. 32:1-163 states that “in the case of any suit, action or proceeding for the recovery or payment of money [against the Port Authority of New ...

Ciesla v. New Jersey Dep’t of Health & Senior Services, 429 N.J. Super. 127 (App. Div. 2012).  This was an appeal of a decision of the Government Records Council (“GRC”), the state agency charged with resolving requests under the Open Public Records ...

Badiali v. New Jersey Manufacturers Ins. Group., 429 N.J. Super. 121 (App. Div. 2012).  As Judge Fisher noted at the start of his opinion, the Appellate Division previously ruled, in a case involving these same parties (“Badiali I“), that New Jersey Manufacturers ...

Tarabokia v. Structure Tone, 429 N.J. Super. 103 (App. Div. 2012).  “The issue is whether, under the circumstances presented, the general or prime contractor has a duty to ensure the safety of an employee of a subcontractor.”  The Law Division granted summary ...

Deutsche Bank Nat’l Trust Co. v. Russo, 429 N.J. Super. 91 (App. Div. 2012).  This was another mortgage foreclosure case in which defendants belatedly asserted that plaintiff lacked standing because plaintiff was not in possession of the note when the foreclosure complaint ...

Crystal Ice-Bridgeton, LLC v. City of Bridgeton, 428 N.J. Super. 576 (App. Div. 2012).  Plaintiff’s building caught fire.  Bridgeton firefighters responded and were at the site for nine hours.  While the fire was still raging, Bridgeton’s Fire Chief determined that, in the ...

Kandrac v. Marrazzo’s Market at Robbinsiville, 429 N.J. Super. 79 (App. Div. 2012).  “[A]s a general rule, when a commercial tenant in a multi-tenant shopping center has no control or contractual obligation to maintain a parking lot shared with other tenants, the ...