NJ Appellate Law Blog – NJ Appellate Lawyer Bruce D. Greenberg blogs about Appeals and Appellate Law Practice

Another Big Win for the Hoboken Rent Board

Heyert v. Taddese, 431 N.J. Super. 388 (App. Div. 2013). [Disclosure: My firm, Lite DePalma Greenberg, LLC, represented the Hoboken Rent Leveling & Stabilization Board in this appeal and in the other...

Two Issues Under the Construction Statute of Repose

Town of Kearny v. Brandt, 214 N.J. 76 (2013). Deciding when the ten-year construction statute of repose, N.J.S.A. 2A:14-1.1, begins to run is often a difficult issue for courts. In this case,...

New Jersey State Firemen's Association is a "Public Agency" for Open Public Records Act Purposes

Paff v. New Jersey State Firemen's Ass'n, 431 N.J. Super. 278 (App. Div. 2013). John Paff is a frequent litigant under the Open Public Records Act, N.J.S.A. 47:1A-1 et seq. ("OPRA"). He...

When "Piecemeal" Adjudication is Required

Waskevich v. Herold Law, P.A., 431 N.J. Super. 293 (App. Div. 2013). What happens in a case where the parties have agreed to arbitrate some claims between them but not others? Do...

The "Temporary Validity Doctrine" of Administrative Law

E.B. v. Division of Medical Assistance & Health Services, 431 N.J. Super. 183 (App. Div. 2013). This appeal challenged the issuance of Medicaid Communication No. 11-03 by the defendant Division. In that...

A Flaw in a Model Jury Charge?

Koseoglu v. Wry, 431 N.J. Super. 140 (App. Div. 2013). This opinion by Judge Lihotz was issued in April but was approved for publication only today. It is a medical malpractice case,...

Commercial Landlord Has No Duty to Ensure That Building's Water Supply is Free of Legionnaire's Disease

Vellucci v. Allstate Ins. Co., 431 N.J. Super. 39 (App. Div. 2013). Plaintiff's decedent was employed by Allstate at an office building owned, designed, built, and managed by Mack-Cali Realty, L.P. Plaintiff...

More About Notice Under the Municipal Land Use Law

Northgate Condominium Ass'n, Inc. v. Hillsdale Planning Bd., 214 N.J. 120 (2013). Opponents of land use development applications sometimes contest the adequacy of the notice given by development applicants, as occurred in...

The Appellate Division Enforces a Settlement Agreement Between Attorney Litigants

Wolf v. Galex, 2013 N.J. Super. Unpub. LEXIS 1053 (App. Div. May 6, 2013). [Dislosure: I am co-counsel for Mr. Wolf in this matter, and I argued this appeal before the Appellate...

A Jury, Not a Judge, Must Decide Contested Tort Claims Act Issue of Whether a Public Entity Exercised Discretionary Decisionmaking or Undertook a Mere Ministerial Act

Henebema v. South Jersey Transportation Authority, 430 N.J. Super. 485 (App. Div. 2013). The key issue in this case, in which the opinion of the Appellate Division was written by Judge Fasciale, was...

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The 2025 Omnibus Court Rule Amendments and Other Changes

The Supreme Court announced amendments to Court Rules and appendices, as well as certain other procedural changes. That announcement is embodied in an Omnibus Rule Amendment Order that is available here....

"Abuse of Discretion" vs. "Patent and Gross Abuse of Discretion"

State v. Taylor, ___ N.J. ___ (2025). N.J.S.A. 2C:43-6(c), a part of the Graves Act, makes the use or possession of a firearm during the commission, attempted commission, or flight from the commission of certain designated offenses a sentencing factor that triggers the imposition of a mandatory term of imprisonment. A later-added section of the Graves Act, N.J.S.A. 2C:43-6.2, creates an "escape valve," under which a prosecutor may seek from the court a waiver of the imposition of a mandatory minimum sentence where the prosecutor believes that such a sentence would not serve the interest of justice....

A "Swan Song" for a False Light Invasion of Privacy Claim on Statute of Limitations Grounds

Chipola v. Flannery, ___ N.J. ___ (2025). As discussed here, this case was one of two that the Supreme Court agreed to review in its first grants of review of the current Term. The question presented was "Does a claim alleging false light invasion of privacy have a one-year statute of limitations, see Swan v. Boardwalk Regency Corp., 407 N.J. Super. 108 (App. Div 2009)?" Today, agreeing with the Law Division and the Appellate Division, the Supreme Court answered "yes."...

What Weapons Offenses Are Subject to the Parole Ineligibility Requirement of the Graves Act?

State v. Cromedy, ___ N.J. ___ (2025). The Graves Act, N.J.S.A. 2C:43-6(c), prescribes a minimum term of incarceration for firearm-related offenses under certain subsections of N.J.S.A. 2C:39-5, as well as a mandatory period of parole ineligibility. In this case, the issue was whether a weapons offense conviction of violation of N.J.S.A. 2C:39-5(j) is covered by the Graves Act. The Law Division and the Appellate Division each held that it was. The Supreme Court reversed in a unanimous opinion by Justice Noriega....