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

When is a Defendant Entitled to Notice of a Request for Default?

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...

An Injunction Can Issue to Preserve the Status Quo Even Without a Likelihood of Success on the Merits

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...

An Important Decision That Has Had Five Years to "Grow" on Everyone

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...

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...

Extent of Foster Child's Bonding With Foster Family May be Relevant to Relatives' Application for Custody

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...

Two Mayors Lose on Abstention Vote Issue

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...

The Timeliness of Estate-Related Litigation

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...

Grammar and the Municipal Land Use Law

Mahwah Realty Associates, Inc. v. Mahwah Tp., 430 N.J. Super. 247 (App. Div. 2013). This case, in which plaintiffs sought to block development of a health club, has been back and forth to the...

Port Authority's Liability for Injuries Varies Depending on Whether Injury Occurred on a Platform or on a Train

Mandal v. Port Authority of New York and New Jersey, 430 N.J. Super. 287 (App. Div. 2013). Plaintiff fell on the platform of a PATH train station and injured herself. She sued...

Anonymity of Intranet Hackers Will Not be Protected

Warren Hospital v. John Does, 430 N.J. Super. 225 (App. Div. 2013). In Dendrite Int'l, Inc. v. Doe No. 3, 342 N.J. Super. 134 (App. Div. 2001), the Appellate Division laid out...

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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...