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 ...
Hayes v. Delamotte, 231 N.J. 373 (2018). Today saw the issuance of the Supreme Court’s first opinion of 2018. The case, a personal injury matter arising out of an auto accident, was a procedural mess. In summary, however, plaintiff lost ...
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 ...
Watson v. New Jersey Department of Treasury, ___ N.J. Super. ___ (App. Div. 2017). The Mistaken Imprisonment Act, N.J.S.A. 52:4C-1 to -7, (“the Act”) allows claims for damages by persons who have been wrongly convicted of a crime and who ...
Lechler v. 303 Sunset Avenue Condominium Association, Inc., 452 N.J. Super. 574 (App. Div. 2017). The Appellate Division got in under the wire, on this final business day of 2017, with this opinion by Judge Hoffman in a personal injury ...