Caribbean House, Inc. v. North Hudson Yacht Club, 434 N.J. Super. 220 (App. Div. 2013). This decision by Judge Accurso, issued today, involves an “easement of way,” or an access easement. Plaintiff Caribbean House gave defendant North Hudson Yacht Club ...
Harte v. Hand, 433 N.J. Super. 457 (App. Div. 2013). Today’s opinion, by Judge Koblitz, in these consolidated cases addresses the circumstance in which a father has child support obligations to multiple families and how those child support obligations should ...
Waste Management of New Jersey, Inc. v. Morris County Municipal Utilities Authority, 433 N.J. Super. 445 (App. Div. 2013). Under Crowe v. DeGioia, 90 N.J. 126 (1982), some familiar factors normally govern whether interlocutory injunctive relief can be issued. Those factors, summarized in ...
Suser v. Wachovia Mortgage, FSB, 433 N.J. Super. 317 (App. Div. 2013). Though also embodied in N.J.S.A. 2A:62-1, an action to quiet title is a classic equitable remedy that allows an owner of property to “clear up all doubts and ...
D’Agostino v. Maldonado, 216 N.J. 168 (2013). The requirement of the Consumer Fraud Act, N.J.S.A. 56:8-19 (“CFA”), that a consumer sustain an “ascertainable loss” as a prerequisite to recovery has long been one of the most elusive concepts in CFA ...
Kaye v. Rosefielde, 432 N.J. Super. 421 (App. Div. 2013). This first post of the 2013-2014 Term focuses on the longest published decision issued by the Appellate Division in the just-ended 2012-2013 Term. The opinion, written by Judge Fuentes and issued on ...
New Jersey Division of Child Protection & Permanency v. C.S., 432 N.J. Super. 224 (App. Div. 2013). As Judge Fisher noted in today’s opinion, in the context of children who may go to or remain in foster care, “there is ...
Sovereign Bank v. Gillis, 432 N.J. Super. 36 (App. Div. 2013). This opinion by Judge Sabatino is an example of how a brief introduction can encapsulate an entire, highly detailed opinion. Here are the first two paragraphs of that opinion: This appeal ...
Sipko v. Koger, Inc., 214 N.J. 364 (2013). Sometimes, it is not clear why the Supreme Court grants review. When the Court granted certification in this case, which involved a dispute among family members relating to close corporations, the issue presented, as ...
In re Estate of Thomas, 431 N.J. Super. 22 (App. Div. 2013). Rule 4:85-1 establishes a short time period (four months for New Jersey residents and six months for non-residents, subject to a “reasonable time” exception under Rule 4:50-1) within which anyone who ...