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

Residential Condominium Association is Not Liable for Sidewalk Injuries

Luchejko v. City of Hoboken, 207 N.J. 191 (2011). Sidewalk liability cases have bedeviled our Supreme Court for many years. In Stewart v. 104 Wallace Street, Inc., 87 N.J. 146 (1981),...

No Consumer Fraud Act "Ascertainable Loss" Where Defendant Erroneously Sold Plaintiffs Food That Violated Their Religious Beliefs

Gupta v. Asha Enterprises, LLC, 422 N.J. Super. 136 (App. Div. 2011). Many religious believers have dietary restrictions. When they purchase food that is represented as being acceptable under those...

Oral Argument on Substantive Civil Motions Under Rule 1:6-2(d): A Modest Proposal

LVNV Funding, LLC v. Colvell, 421 N.J. Super. 1 (App. Div. 2011). This opinion, by Judge Koblitz, reversed summary judgment for a creditor on a revolving credit card account and...

Individual Owners, Officers or Employees, as Well as Their Companies, Can be Liable for Violation of Consumer Fraud Act Regulations

Allen v. V and A Bros., Inc.., 208 N.J. 114 (2011). The New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq. ("CFA"), makes liable any "person" who violates the CFA. In...

Detectives Did Not Violate Privacy of Husband by Suggesting That Suspicious Wife Put GPS in Husband's Vehicle to Track His Travels

Villanova v. Innovative Investigations, Inc., 420 N.J. Super. 353 (App. Div. 2011). A wife suspected her husband of infidelity. She consulted defendant private detectives, who suggested that she place a...

No Duty to Inspect Delivery Truck for Teenagers Sitting on Back of Truck, Taking a Ride, and Getting Injured by Falling Off

Badalamenti v. Simkiss, 422 N.J. Super. 86 (App. Div. 2011). Advocates of "tort reform" like to complain that New Jersey courts will allow anyone to proceed, or even to recover,...

Veil-Piercing Can Apply to Limited Partnerships

Canter v. Lakewood of Voorhees, 420 N.J. Super. 508 (App. Div. 2011). Under cases such as State v. Ventron, 94 N.J. 473 (1983), a court may, in proper circumstances, "pierce the...

Homeowner Can Sue Building Contractor for Consumer Fraud Even Where Homeowner Has Acted as His Own General Contractor

Murnane v. Finch Landscaping, LLC, 420 N.J. Super. 331 (App. Div. 2011). Does the fact that a homeowner acts as his own general contractor in dealing with multiple contractors on...

Bailment, Not Replevin, is The Potential Cause of Action When Seeking Return of Property Validly Seized and Retained by the State

Voellinger v. Dow, 420 N.J. Super. 480 (App. Div. 2011). In this case, the State seized property pursuant to a valid warrant in 1985. Not until 2007, when the property became potentially...

A Solomonic Decision Under Rule 4:5-1(b)(2)

Kent Motor Cars, Inc. v. Reynolds & Reynolds Co., 207 N.J. 428 (2011). Rule 4:5-1(b)(2) requires the first pleading of each party to disclose the names of any non-party who...

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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...