Valley Nat’l Bank v. Meier, 437 N.J. Super. 401 (App. Div. 2014). In this case, defendant sought to foist a wholly unjust result on plaintiff in connection with a foreclosure action. Judge Fisher, writing for the Appellate Division, would have ...
State v. Witt, 435 N.J. Super. 608 (App. Div. 2014). Only the Supreme Court of New Jersey can overrule one of its own decisions. But a party who wishes to challenge a Supreme Court decision must first visit the Appellate ...
Department of Children & Families v. E.D.-O., 434 N.J. Super. 154 (App. Div. 2014). Appellant “Eleanor” admitted that she had parked her car about 150 feet from a Dollar Tree store in South Plainfield, left her sleeping nineteen-month old child ...
Midland Funding, LLC v. Albern, 433 N.J. Super. 494 (App. Div. 2013). “[I]s a defendant, who, in responding to a complaint, moved for dismissal but did not file an answer after the motion was denied, entitled to notice of a ...
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 ...
Five years ago today, the Appellate Division decided Grow Company, Inc. v. Chokshi, 403 N.J. Super. 443 (App. Div. 2008). There, Judge Fisher, writing for the panel, produced a seminal opinion that emphatically expressed the Appellate Division’s disapproval of tactics ...
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 ...
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 ...
Booker v. Rice, 431 N.J. Super. 548 (App. Div. 2013), and Zimmer v. Castellano, 432 N.J. Super. 412 (App. Div. 2013). In each of these cases (Booker involving the City of Newark and Zimmer involving the City of Hoboken [Disclosure: My firm, ...
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 ...