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

A Lesson in Actions to Quiet Title

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...

Impossibility of Performance as a Defense to Easement Agreements

Petrozzi v. City of Ocean City, 433 N.J. Super. 290 (App. Div. 2013). This case presented a concept of basic contract law– impossibility of performance– in an unusual setting. Judge Parrillo...

"Mode-of-Operation" Liability for Negligence

Arroyo v. Durling Realty, LLC, 443 N.J. Super. 238 (App. Div. 2013). Judge Sabatino may be best known for his lengthy, scholarly published opinions in complex cases such as this one or...

Privacy: The Right to Freedom From Unwarranted Intrusion

Soliman v. The Kushner Companies, Inc., 433 N.J. Super. 153 (App. Div. 2013). Defendants secretly installed hidden surveillance cameras in bathrooms in an office building that they operated. The stated reason...

Supreme Court Will Review Same-Sex Marriage Case

On Friday, the Supreme Court announced that it would grant the State's application for direct certification to review the September 27 ruling of the Law Division that granted summary judgment...

Supreme Court Will Review Maeker v. Ross (Palimony/Statute of Frauds), and Townsend v. Pierre (Evidence/Proximate Cause)

The Supreme Court announced late yesterday that it had granted certification to review Maeker v. Ross, 430 N.J. Super. 79 (App. Div. 2013). The decision of the Appellate Division is...

CEPA and "Watchdog" Employees

Lippman v. Ethicon, Inc., 432 N.J. Super. 378 (App. Div. 2013). Today's opinion under the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -8 ("CEPA"), written by Judge Fuentes, reversed a summary...

Party Who Litigated for 21 Months Waived Right to Compel Arbitration

Cole v. Jersey City Medical Center, 215 N.J. 165 (2013). In Cole v. Jersey City Medical Center, 425 N.J. Super. 48 (App. Div. 2012), discussed here, the Appellate Division ruled that defendant,...

Statute of Repose Does Not Save Claims Barred by Statute of Limitations

Cumberland Cty. Bd. of Freeholders v. Vitetta Group, P.C., 431 N.J. Super. 596 (App. Div. 2013). Most cases involving the construction statute of repose, N.J.S.A. 2A:14-1.1, involve how to determine when the...

Argument Not Raised Below, and Raised on Appeal Only in a Footnote, Would Not be Considered

Oyola v. Liu, 431 N.J. Super. 493 (App. Div. 2013). The main thrust of this opinion by Judge Alvarez was to affirm a decision of the Law Division that granted summary...

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With the Appellate Division's Recess Over, The Appellate Division Oral Argument of the Week is Another Waiver of Arbitration Case

On Tuesday, April 29, judges on Part F of the Appellate Division will hear oral argument in Newport Associates Development Co. v. Chubb Ins. Co. The appeal arises out of the denial by the Law Division of the motion of defendant AIG Specialty Insurance Company ("ASIC") to compel arbitration of plaintiffs' claim for indemnity in connection with underlying litigation with Consolidated Edison Company of New York, Inc. and Public Service Electric and Gas Company. The Law Division held that ASIC had waived its contractual right to demand arbitration....

Another Quartet of New Cases for the Supreme Court

The Supreme Court announced that it has granted certification in four new appeals. Three are from unpublished opinions of the Appellate Division, while the fourth is from a published decision in a criminal case....

A Recess for the Appellate Division, and for This Blog

The Appellate Division is in a recess this week and next. No oral arguments will occur during that period....

Appellate Division Oral Argument of the Week: Has the School Funding Reform Act Denied Lakewood Public School Students the Constitutionally-Required "Thorough and Efficient" Education?

On Tuesday, April 8, judges on Part D will hear oral argument in Alcantar v. Allen-McMillan, a case filed in 2014 in which the Appellate Division has ruled before, 475 N.J. Super. 56 (App. Div. 2023). This appeal follows on the Appellate Division's prior ruling, unappealed by the State...