Two New Leave to Appeal Cases for the Supreme Court

The Supreme Court announced this afternoon that it has granted leave to appeal in two matters.  The first of those cases is State v. Miles.  The question presented in that appeal, as phrased by the Supreme Court Clerk’s office, is “Was defendant entitled to discovery related to the State’s use of facial recognition technology, see State v. Arteaga, 476 N.J. Super. 36 (App. Div. 2023)?  Relying on Arteaga, where the Appellate Division had approved such discovery, a two-judge panel of the Appellate Division, in an unpublished order, affirmed the Law Division’s similar ruling here.

 

The other matter is Christakos v. Boyadjis.  That case presents this question:  “Can plaintiff Helen Alexandra Christakos, who was not defendant’s client but was a potential beneficiary of her uncle’s previous will, maintain a cause of action for legal malpractice against defendant alleging that her uncle, defendant’s client, lacked testamentary capacity to execute a subsequent will?”  An unpublished opinion by a panel of two Appellate Division judges, on leave to appeal to that court, held that defendant owed no duty to plaintiff and reversed the denial of a defense motion for summary judgment in that regard.