- LIDIA BRANCO VS. FRANCISCO ANDRE RODRIGUES, ET AL. (C-000187-20, MIDDLESEX COUNTY AND STATEWIDE) A-3030-21 Appellate June 20, 2023 Summary A-3030-21 Plaintiff and decedent were partners for twenty-five years but never married. During their relationship, decedent owned an income-producing property in fee simple, which, unbeknownst to plaintiff, he transferred during his lifetime to himself and plaintiff as joint tenants with rights of survivorship. Decedent signed and recorded the transfer deed. Plaintiff discovered her interest in the property only after decedent passed away. Plaintiff sought injunctive relief to quiet title and was granted summary judgment, based on the trial court's holding that all elements of a valid inter vivos gift were present. Defendant, who is decedent's son and administrator of the estate, urges reversal, claiming material issues of fact precluded summary judgment, specifically challenging the validity of the inter vivos gift of real property. The court affirms. Defendants presented no evidence to rebut the presumptions of donative intent, delivery and acceptance raised by the recorded transfer deed. Acceptance is presumed subject to plaintiff's right to disclaim her interest within a reasonable time of becoming aware of it. The additional element of relinquishment required for a valid inter vivos gift in New Jersey was also satisfied upon recordation of the transfer deed because decedent could not unilaterally restore his former fee simple estate. Close
- GERALD CROCKENBERG VS. YESENIA GONZALEZ (FM-04-0439-08, CAMDEN COUNTY AND STATEWIDE) A-3969-21 Appellate June 20, 2023
- DCPP VS. D.D. AND E.C., III, AND D.M., IN THE MATTER OF THE GUARDIANSHIP OF S.M.L.D. AND KY'M.M.A.D. (FG-12-0030-20, MIDDLESEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-0043-22 Appellate June 20, 2023
- Gannett Satellite Information Network, LLC v. Township of Neptune (085719) (Monmouth County & Statewide) A-63-21 Supreme June 20, 2023 Oral Argument A-63-21 A-63-21 Part-1 Audio for A-63-21 Part-1 A-63-21 Part-2 Audio for A-63-21 Part-2 Close Summary A-63-21 The Court affirms as modified the Appellate Division’s judgment. The Court declines to adopt an exception to the American Rule for common law right of access claims to public records. Those claims impose significant burdens on municipal clerks and other records custodians; they require a careful balancing of competing interests and the application of an array of factors that can challenge even a seasoned judge. Imposing fee-shifting in this category of cases would venture far beyond the narrow exceptions to the American Rule that New Jersey courts have adopted to date. Accordingly, Gannett is not entitled to an award of attorneys’ fees in this appeal. Close
- PETR SHUMILIN, ETC. VS. HILLSIDE ESTATES, INC., ET AL. (L-0891-18, MIDDLESEX COUNTY AND STATEWIDE) A-2682-19 Appellate June 21, 2023
- CHARLES KIM VS. NEW JERSEY INSTITUTE OF TECHNOLOGY, ETC. (L-3805-20, ESSEX COUNTY AND STATEWIDE) A-1055-20 Appellate June 21, 2023
- STATE OF NEW JERSEY VS. MACGOOHAN ROMELUS, AKA MAGUAN ROMERUS, ET AL. (94-07-0789, UNION COUNTY AND STATEWIDE) A-3446-20 Appellate June 21, 2023
- STATE OF NEW JERSEY VS. LONNIE E. SWARNES (11-08-0298, SUSSEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-0874-21 Appellate June 21, 2023
- JOSEPH DROSSEL VS. MAYOR AND COUNCIL, ET AL. (L-0040-20, SUSSEX COUNTY AND STATEWIDE) A-1699-21 Appellate June 21, 2023
- IN THE MATTER OF SHEILA BROGAN, ETC. (NEW JERSEY DEPARTMENT OF EDUCATION) A-1959-21 Appellate June 21, 2023
- STATE OF NEW JERSEY VS. DASHAND D. CHASE (10-01-0139, 11-03-0681 AND 12-03-0734, ATLANTIC COUNTY AND STATEWIDE) A-2523-21 Appellate June 21, 2023
- D.B. VS. BOARD OF REVIEW, DEPARTMENT OF LABOR, ET AL. (DEPARTMENT OF LABOR) A-2796-21 Appellate June 21, 2023
- VISHNU REDDY VS. MOORESTOWN TOWNSHIP PLANNING BOARD, ET AL. (L-1723-21 and L-1877-21, BURLINGTON COUNTY AND STATEWIDE) A-3575-21/A-0752-22 Appellate June 21, 2023
- STATE OF NEW JERSEY VS. SALAAM LEEKS (16-06-1828, ESSEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-3924-21 Appellate June 21, 2023
- State v. Andreas M. Erazo (086991) (Monmouth County & Statewide) A-16-22 Supreme June 21, 2023 Oral Argument A-16-22 A-16-22 Audio for A-16-22 Close Summary A-16-22 Defendant voluntarily went to the police station to give a witness statement. At the police station, defendant was interviewed twice. During his first interview, defendant was not in custody and thus not yet owed Miranda warnings. The factors set forth in O’Neill therefore do not need to be considered to assess the admissibility of the second interview. And before police interviewed defendant the second time, they properly administered Miranda warnings. With his rights in mind, defendant executed a knowing, intelligent, and voluntary waiver. During his second interview, defendant confessed. Neither the Fifth Amendment nor state common law calls for suppression of defendant’s statements. Close
- STATE OF NEW JERSEY VS. R.H. (12-06-0516 AND 15-10-0645, UNION COUNTY AND STATEEWIDE) (RECORD IMPOUNDED) A-0252-21 Appellate June 22, 2023
- 1ST COLONIAL COMMUNITY BANK VS. BRIAN WOLFSON, ET AL. (F-008123-20, CAMDEN COUNTY AND STATEWIDE) A-0992-21 Appellate June 22, 2023
- S.M. VS. R.R.C. (FM-18-0639-15, SOMERSET COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-1020-21 Appellate June 22, 2023
- OTTAMISE EZEKIEL VS. LAWRENCEVILLE ORAL SURGERY, P.C., ET AL. (NEW JERSEY DIVISION ON CIVIL RIGHTS) A-2039-21 Appellate June 22, 2023
- SLUMPED KITCHEN, LLC VS. STATE OF NEW JERSEY, DIVISION OF CONSUMER AFFAIRS (L-2277-21, MERCER COUNTY AND STATEWIDE) A-2096-21 Appellate June 22, 2023