- D.I.L. VS. T.L.B. (FV-06-0358-22 AND FV-06-0463-22, CUMBERLAND COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-1083-21 Appellate Dec. 8, 2022
- PHILLIPSBURG DELI & MINI MARKET, LLC VS. BABLA FUEL STOP, LLC, ET AL. (L-1007-20, MORRIS COUNTY AND STATEWIDE) A-1792-21 Appellate Dec. 8, 2022
- ALBERT WITTIK VS. PNC BANK, N.A., ET AL. (L-5141-21 AND L-5616-21, MIDDLESEX COUNTY AND STATEWIDE) (CONSOLIDATED) A-2079-21/A-2089-21 Appellate Dec. 8, 2022
- MICHAEL JOHN BOSWELL VS. DANIEL E. BOSWELL, ET AL. (C-000057-19, MONMOUTH COUNTY AND STATEWIDE) A-3956-19 Appellate Dec. 9, 2022
- SANTANDER BANK, N.A. VS. WELCO INTERNATIONAL LLC, ET AL. (L-2394-16, CAMDEN COUNTY AND STATEWIDE) A-4220-19 Appellate Dec. 9, 2022
- CARMEN R. RODRIGUEZ DE COLLADO VS. GARDNER LUCIANO, ET AL. (L-4006-19, PASSAIC COUNTY AND STATEWIDE) A-3266-20 Appellate Dec. 9, 2022
- JANICE COUNTESS VS. WILLIAM H. COUNTESS (FM-03-6002-99, BURLINGTON COUNTY AND STATEWIDE) A-3541-20 Appellate Dec. 9, 2022
- DIANA A. BARROS VS. MARIA BARROS, ET AL. (DC-004521-21, HUDSON COUNTY AND STATEWIDE) A-0914-21 Appellate Dec. 9, 2022
- ALMAHDYYEEN FOUNDATION VS. SAID FADL (SC-001538-19, HUDSON COUNTY AND STATEWIDE) A-1046-21 Appellate Dec. 9, 2022
- WILLIAM DAVES, ET AL. VS. GPS HOSPITALITY (L-0334-20, HUNTERDON COUNTY AND STATEWIDE) A-1089-21 Appellate Dec. 9, 2022
- MARY B. COLVELL VS. HIGHTSTOWN POLICE DEPARTMENT (GOVERNMENT RECORDS COUNSEL) A-0604-21 Appellate Dec. 9, 2022
- ATLANTIC PLASTIC & HAND SURGERY, P.A. v. WILLIAM F. RALLING, ET AL. L-3685-20 Trial Dec. 9, 2022 Summary L-3685-20 This litigation arises from unreimbursed medical expenses incurred by a twenty-four-year-old who was a named “adult child” dependent on his father’s health insurance policy, pursuant to 42 U.S.C. § 300gg-14(a), of the Patient Protection and Affordable Care Act (ACA). This opinion addresses two questions of first impression under New Jersey law. First, pursuant to the Statute of Frauds, specifically N.J.S.A. 25:1-15, can a family member’s oral guarantee of payment be enforceable where the promisor has no pecuniary interest? Based on the decades-long thread of pecuniary advantage woven through New Jersey’s leading object exception precedent, the court holds that oral promises supported by familial bonds only – without any pecuniary or economic advantage to the promisor – do not satisfy the leading object exception to the Statute of Frauds. Second, can a parent, who is the insurance policy holder, be held liable for unreimbursed medical expenses incurred by an emancipated child who is a covered “adult child” dependent pursuant to the ACA? Guided by N.J.S.A. 9:17B-3, the court holds that, in the absence of any signed, written guarantee executed by the parent, the parent of an emancipated adult capable of contracting for a provider’s care cannot be deemed liable for unreimbursed medical expenses, even where the “adult dependent” is covered on the parent’s health insurance policy, pursuant to the ACA. Close
- BARRY WILLIAMS VS. NEW JERSEY DEPARTMENT OF CORRECTIONS (NEW JERSEY DEPARTMENT OF CORRECTIONS) A-2936-20 Appellate Dec. 12, 2022
- ALAN DICKSTEIN VS. CATHERINE GOLFINOPOULOS (FD-02-0247-12, BERGEN COUNTY AND STATEWIDE) A-0532-21 Appellate Dec. 12, 2022
- TONY PING YEW VS. ROBERT WOOD JOHNSON UNIVERSITY HOSPITAL, ET AL. (L-3502-21, L-3506-21, AND L-5456-21, MIDDLESEX COUNTY AND STATEWIDE) A-1024-21 Appellate Dec. 12, 2022
- STATE OF NEW JERSEY VS. CHRISTOPHER TOLBERT (18-01-0034, 19-01-0204, AND 19-04-0708, ATLANTIC COUNTY AND STATEWIDE) A-1099-21 Appellate Dec. 12, 2022
- WILLIAM KIANKA, JR. VS. KATHARINE ERRICKSON, ESQ., ET AL. (L-0270-21, HUNTERDON COUNTY AND STATEWIDE) A-1314-21 Appellate Dec. 12, 2022
- DCPP VS. K.D. AND W.H., IN THE MATTER OF THE GUARDIANSHIP OF K.D.A.H. (FG-12-0028-21, MIDDLESEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (CONSOLIDATED) A-1746-21/A-1748-21 Appellate Dec. 12, 2022
- FRITZY RIVERA VS. CHERRY HILL TOWERS, LLC, ET AL. (L-2216-20, CAMDEN COUNTY AND STATEWIDE) A-2394-21 Appellate Dec. 12, 2022 Summary A-2394-21 Plaintiff Fritzy Rivera was shot by her estranged husband after leaving a friend's apartment at Cherry Hills Towers. She alledged defendant Vikco, Inc.'s negligence in failing to provide a safe environment as property manager of Cherry Hills Towers allowed him to enter the apartment complex through an open security gate. Defendant was not the property manager when the assault occurred, but plaintiff contends the open security gate was a practice established by defendant and continued by the new property management company. The motion court denied defendant's summary judgment motion to dismiss plaintiff's complaint. Having granted defendant leave to appeal, we reverse. We disagree with the court's reasoning that there was a genuine issue of material fact to be determined by the jury as to whether defendant owed plaintiff a duty to provide a safe environment at Cherry Hill Towers when it was not the apartment complex's property manager at the time of the shooting. Whether defendant owed plaintiff a duty is a question of law to be determined by the court, not by a jury at trial. Under the circumstances of this case, we conclude our common law does not support plaintiff's theory that defendant's duty to provide a safe and secure environment at Cherry Hill Towers continued after its management services were discontinued. Summary judgment is granted to Vikco. Close
- STATE OF NEW JERSEY VS. DEAN R. JONES (19-01-0075, CUMBERLAND COUNTY AND STATEWIDE) A-2587-21 Appellate Dec. 12, 2022