Recent Decisions of the New Jersey Appellate Courts
from 2018-10-01 to 2018-10-15

Supreme Court Decisions


Docket No.: a-26-27-17
Decided: 2018-10-03
Caption: Accutane Litigation
Summary:
ALBIN, J., writing for the Court. This appeal arises from 532 product-liability claims filed against Hoffmann-La Roche Inc. and Roche Laboratories Inc. (collectively Roche), corporations with their principal places of business in New Jersey. Roche developed, manufactured, marketed, and labeled Accutane, a prescription medication for the treatment of severe and persistent cases of acne. Plaintiffs allege that Accutane, prescribed by their physicians, caused them to contract inflammatory bowel disease (IBD) and that Roche failed to give adequate label warnings to advise them of the known risks of the medication.

click here to get this case.


Appellate Division PUBLISHED Decisions


Docket No.: a3638-16
Decided: 2018-10-05
Caption: L.E. v. THE PLAINFIELD PUBLIC SCHOOL
Status: Published
Summary:
OSTRER, J.A.D. Plaintiffs L.E. and her mother, P.T., allege that defendants, a school district and several of its employees, negligently supervised L.E. and two teenage male students on school grounds; failed to protect L.E. from a sexual assault; and failed to undertake an adequate investigation after L.E.'s delayed report. Plaintiffs allege that L.E. suffered psychological injury as a result. They appeal from the summary judgment dismissal of their complaint.

click here to get this case.


Docket No.: a2358-15
Decided: 2018-10-04
Caption: CHARLES WRIGHT v. v. APPELLATE DIVISION BANK OF AMERICA, N.A.
Status: Published
Summary:
FISHER, P.J.A.D. Plaintiff Charles Wright filed a complaint that alleged five notices of intention to foreclose served on him in 2010 by defendant BAC Home Loans Servicing, LP (BAC) violated the Fair Foreclosure Act (FFA), N.J.S.A. 2A:50- 53 to -68. He asserted that BAC – the alleged servicer of loans made in 2007 when plaintiff purchased his Williamstown residence – neglected to include the name and address of the lender, defendant Bank of America, N.A. (the bank).

click here to get this case.


Docket No.: a3024-16
Decided: 2018-10-03
Caption: ESTATE OF MARY VAN RIPER v. DIRECTOR, DIVISION OF TAXATION
Status: Published
Summary:
YANNOTTI, P.J.A.D. The Estate of Mary Van Riper (Estate) appeals from a judgment of the Tax Court, which upheld an assessment by the Director of the Division of Taxation (Division) of inheritance transfer taxes and interest upon the Estate. For the reasons that follow, we affirm.

click here to get this case.


Appellate Division UNPUBLISHED Decisions


Docket No.: a0852-17
Decided: 2018-10-10
Caption: IN RE THE ESTATE OF MARIE O'SHEA
Status: Unpublished
Summary:
PER CURIAM Patricia Commins appeals from the trial court's September 11, 2017 order denying reconsideration of its June 16 and 28, 2017 orders approving the accounting of the estate of her mother, Marie O'Shea. We affirm in part, reverse in part, and remand for further proceedings.

click here to get this case.


Docket No.: a0883-16
Decided: 2018-10-10
Caption: FRANCES J. RUSSO v. IVAN A. FRIEDRICH, M.D.
Status: Unpublished
Summary:
PER CURIAM Plaintiff Frances J. Russo, the Executor of the Estate of Rosemary Pelle, filed a medical malpractice complaint against defendant Ivan M. Freidrich, M.D., and others. Only Freidrich participates in this appeal. We reverse the jury's verdict, and remand for a new trial.

click here to get this case.


Docket No.: a1075-17
Decided: 2018-10-10
Caption: DEIRDRE R. SCOTT v. MALANEY HILL
Status: Unpublished
Summary:
PER CURIAM Defendant Malaney Hill appeals from that portion of a September 21, 2017 Family Part order denying his motion for a credit against his child support arrearages for claimed payments made toward his child support obligation. Because we are convinced the court erred by determining N.J.S.A. 2A:17-56.23a barred its consideration of defendant's claim for a credit against certain child support arrearages for payments he caused to be made to his child from his social security retirement benefits, we vacate the court's order denying defendant's credit request and remand for further proceedings on that issue, and affirm the remaining portions of the order.

click here to get this case.


Docket No.: a0156-16
Decided: 2018-10-09
Caption: STATE OF NEW JERSEY v. LOUIS LUIBIL
Status: Unpublished
Summary:
PER CURIAM Convicted by a jury in 2003 of first-degree carjacking, N.J.S.A. 2C:15- 2(a)(1), and sentenced by the trial judge to an extended prison term of thirty- four years subject to the No Early Release Act, N.J.S.A. 2C:43-7.2, defendant, Louis Luibil, appeals an order denying his second petition for post-conviction relief (PCR). We affirm.

click here to get this case.


Docket No.: a0505-17
Decided: 2018-10-09
Caption: STATE OF NEW JERSEY v. EDGAR TORRES
Status: Unpublished
Summary:
PER CURIAM Defendant Edgar Torres appeals from the August 29, 2017 denial of his petition for post-conviction relief (PCR) without a plenary hearing. A jury convicted defendant of three counts of first-degree robbery, N.J.S.A. 2C:15-1, and three counts of second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a). He was sentenced to an aggregate forty-year prison term, subject to the No Early Release Act, N.J.S.A. 2C:43-7.2. Defendant's convictions were affirmed by this court in an unpublished opinion.

click here to get this case.


Docket No.: a1863-16
Decided: 2018-10-09
Caption: STATE OF NEW JERSEY v. AHMAD TAYLOR
Status: Unpublished
Summary:
PER CURIAM Defendant Ahmad Taylor appeals from an order entered by the Law Division on November 17, 2016, which denied his petition for post-conviction relief (PCR). We affirm.

click here to get this case.


Docket No.: a0311-17
Decided: 2018-10-05
Caption: NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION v. BERNARDSVILLE REPUBLICANS and PAULA MARASCO
Status: Unpublished
Summary:
PER CURIAM The Bernardsville Republicans appeal from a July 26, 2017 final decision issued by the chairman of the New Jersey Election Law Enforcement Commission (ELEC), which adopted the decision of the Administrative Law Judge (ALJ), finding the Bernardsville Republicans failed to comply with the reporting requirements of the New Jersey Campaign Contributions and Expenditures Reporting Act (Act), N.J.S.A. 19:44A-1 to -47, and assessing fines against it and Paula Marasco, the treasurer of the Bernardsville Republicans. We affirm.

click here to get this case.


Docket No.: a0819-17
Decided: 2018-10-05
Caption: KARL HALLIGAN v. JOHN O'CONNOR
Status: Unpublished
Summary:
PER CURIAM Under Rule 2:2-4, leave to appeal was granted to John O'Connor of an interlocutory order finding counsel for O'Connor and the business entities named as defendants had a non-waivable conflict which required them to withdraw from the litigation. Leave to appeal from interlocutory orders should be granted only in the "interest of justice." R. 2:2-4. We conclude that in this case, the interest of justice is served by Judge Jeffrey R. Jablonski's decision and thus affirm for the reasons that follow.

click here to get this case.


Docket No.: a1600-17
Decided: 2018-10-05
Caption: IN THE MATTER OF ADOPTION OF A CHILD BY C.M.C.
Status: Unpublished
Summary:
PER CURIAM On November 13, 2015, plaintiff C.M.C. filed a complaint in the Family Part, Union County, for the adoption of G.M. She appeals from an order dated March 17, 2017, which dismissed her complaint without prejudice; an order filed July 5, 2017, awarding W.A.D. attorney's fees; and an order dated October 20, 2017, which denied her motion for reconsideration of the July 5, 2017 order. We affirm.

click here to get this case.


Docket No.: a0594-15
Decided: 2018-10-04
Caption: IN THE MATTER OF I.C. Police Officer , Newark
Status: Unpublished
Summary:
PER CURIAM I.C. appeals from the Civil Service Commission's September 3, 2015, order finding him psychologically unfit to perform effectively the duties of a police officer, as found by the City of Newark, as the appointing authority, and the Medical Review Panel to which I.C. had initially appealed. We will disturb the Commission's decision only if we conclude it was arbitrary, capricious or unreasonable, or unsupported by substantial credible evidence. In re Stallworth, 208 N.J. 182, 194 (2011); Campbell v. Dep't of Civil Serv., 39 N.J. 556, 562 (1963). We do not substitute our judgment for the agency's. In re Polk, 90 N.J. 550, 578 (1982).

click here to get this case.


Docket No.: a1417-17
Decided: 2018-10-04
Caption: LINDA HUNTLEY v. FINBAR EQUITY INVESTMENTS, LLC
Status: Unpublished
Summary:
PER CURIAM Plaintiff Linda Huntley appeals from a July 24, 2017 order, granting partial summary judgment dismissing count one of her complaint seeking to enforce an environmental conservation easement against property owned by defendant Finbar Equity Investments, LLC. The order was rendered ripe for appeal on October 13, 2017, when plaintiff voluntarily dismissed with prejudice the remaining counts of her complaint.1 All of the issues plaintiff raises on this appeal rest on the flawed assumption that the easement is enforceable, a contention the trial court properly rejected.

click here to get this case.


Docket No.: a1740-16
Decided: 2018-10-04
Caption: SEIDMAN PINCUS, LLC v. RICHARD J. ABRAHAMSEN
Status: Unpublished
Summary:
PER CURIAM Defendants/third-party plaintiffs Richard J. Abrahamsen and Abrahamsen Law Firm, LLC (Abrahamsen defendants) appeal from thirteen separate Law Division orders issued in connection with this litigation.1 We affirm all of the orders appealed by the Abrahamsen defendants.

click here to get this case.


Docket No.: a0231-17
Decided: 2018-10-03
Caption: MTGLQ INVESTORS, LP v. MIN WOO PARK
Status: Unpublished
Summary:
PER CURIAM Defendants appeal from the final judgment of foreclosure entered after the grant of an order striking their answer and counterclaims and transferring the matter as uncontested to the Office of Foreclosure, and from an order overruling their objection to plaintiff's application for final judgment after remand from the Office.

click here to get this case.


Docket No.: a0485-17
Decided: 2018-10-03
Caption: S.E. v. B.S.B
Status: Unpublished
Summary:
PER CURIAM We use initials to protect the privacy of the parties. Plaintiff S.E. and defendant B.S.B. are respectively the mother and father of D.E., who was born in November 1993. D.E. lives with plaintiff and has never had a relationship with defendant. In May 2017, in response to an earlier notice from probation that defendant's child support payments would soon terminate, plaintiff filed a pro se motion seeking to continue the court order then in effect requiring defendant to pay $1295 per week and one-half of D.E.'s medical expenses.2 Plaintiff appeared pro se for the hearing on her motion; defendant was represented by counsel.

click here to get this case.


Docket No.: a1068-16
Decided: 2018-10-03
Caption: JEFF CARTER v. FRANKLIN FIRE DISTRICT NO. 1
Status: Unpublished
Summary:
PER CURIAM Complainant Jeff Carter appeals from the September 29, 2016 final agency decision of the Government Records Council (GRC) adopting the initial decision of an administrative law judge (ALJ) who held that certain emails exchanged on the computer network of defendant Franklin Fire District No. 1 (District) are not "government records" subject to disclosure under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. We affirm.

click here to get this case.


Docket No.: a1592-16
Decided: 2018-10-03
Caption: STATE OF NEW JERSEY v. GEORGE KACPRZYKOWSKI
Status: Unpublished
Summary:
PER CURIAM Defendant George Kacprzykowski appeals from the August 3, 2016 Law Division order denying his petition for post-conviction relief (PCR) without an evidentiary hearing. We affirm.

click here to get this case.


Docket No.: a0420-15
Decided: 2018-10-02
Caption: STATE OF NEW JERSEY v. DARRELL R. CRONE
Status: Unpublished
Summary:
PER CURIAM Defendant appeals from his convictions for first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a)(1); first-degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3(a)(1)(2); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); and second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(b). We affirm.

click here to get this case.


Docket No.: a0576-17
Decided: 2018-10-02
Caption: THE ALBERT SAMUELS TRUST WILLIAM HERMAN v. SETTIMO AND THE THREE MUSKETEERS, LLC
Status: Unpublished
Summary:
PER CURIAM This matter arises from a dispute over a commercial real estate contract. Plaintiffs entered into an agreement to sell two lots 1 in Hanover Township to defendant buyer, Settimo and The Three Musketeers, LLC. The agreement provided for the payment of a development bonus, under certain circumstances. After defendant refused to pay the bonus, plaintiffs sued to compel payment. Defendant now appeals from the Law Division order granting plaintiffs' motion for summary judgment and entering judgment against defendant in the amount of $1172,222.30, plus prejudgment interest. We affirm.

click here to get this case.


Docket No.: a0962-17
Decided: 2018-10-02
Caption: ZULKARNAIN KAGALWALLA v. ANTHONY FLERES
Status: Unpublished
Summary:
PER CURIAM Pro se plaintiff Zulkarnain Kagalwalla appeals from the trial court's September 15, 2017 dismissal of his defamation complaint against defendant Anthony Fleres. We affirm, substantially for the reasons stated in the trial court's oral opinion of September 15, 2017.

click here to get this case.


Docket No.: a0969-17
Decided: 2018-10-02
Caption: LIBERAL FINANCE SERVICE v. GABRIEL HORACE
Status: Unpublished
Summary:
PER CURIAM Defendant appeals from two orders denying his motions to vacate judgment and reconsideration. For the following reasons, we affirm.

click here to get this case.


Docket No.: a1522-15
Decided: 2018-10-02
Caption: ROONEY SAHAI v. SUSAN SAHAI
Status: Unpublished
Summary:
PER CURIAM Rooney and Susan Sahai 1 were married in 1986, divorced in 2012 and have three adult children. They incorporated a Property Settlement Agreement (PSA) into the divorce judgment, which provided for no parenting time for Susan with her severely disabled adult child, Kaye. In July 2014, Susan sought parenting time with Kaye, claiming she had been coerced by her husband into signing the PSA. From Kaye's birth in 1993 until August 2012, Susan and Rooney cared for her with the help of an aide. After Susan's application to vacate the PSA, Rooney was sanctioned and ordered to pay Susan's counsel fees for his failure to comply with court-ordered visitation, as well as his failure to provide financial discovery.

click here to get this case.


Docket No.: a0015-16
Decided: 2018-10-01
Caption: STATE OF NEW JERSEY v. ELIJAH A. SUMLER
Status: Unpublished
Summary:
DeALMEIDA, J.A.D. Defendant Elijah A. Sumler appeals from an order entered by the Law Division on June 30, 2016, denying his petition for post-conviction relief (PCR) without a hearing. We affirm.

click here to get this case.


Docket No.: a0111-17
Decided: 2018-10-01
Caption: STATE OF NEW JERSEY v. N.L.
Status: Unpublished
Summary:
PER CURIAM After a bench trial, defendant appeals from her conviction of disorderly persons contempt, N.J.S.A. 2C:29-9(b)(2), for violating a restraining order (RO) previously obtained by her mother (the mother) under the Prevention of Domestic Violence Act (the Act), N.J.S.A. 2C:25-17 to -35.1 The judge believed the mother's testimony, concluded that defendant purposely violated the RO, and imposed a one-year probationary sentence.

click here to get this case.


Docket No.: a0912-16
Decided: 2018-10-01
Caption: NATIONSTAR MORTGAGE LLC v. TEDD W. GUENZEL
Status: Unpublished
Summary:
PER CURIAM Defendant Tedd W. Guenzel appeals from the Chancery Division's August 19, 20161 order denying his motion under Rule 4:50-1 to vacate the final judgment of foreclosure, and to dismiss with prejudice the complaint filed against him in this matter. Before denying his motion, the trial court had entered an order striking defendant's contesting answer because he failed to appear for trial on September 10, 2015, either personally or by telephone. The court also remanded the matter back to the Office of Foreclosure for processing as an uncontested action.

click here to get this case.


Docket No.: a1693-16
Decided: 2018-10-01
Caption: STATE OF NEW JERSEY v. AMGAD A. HESSEIN
Status: Unpublished
Summary:
PER CURIAM Defendant Amgad A. Hessein, a physician, and co-defendant Ashraf A. Sami (collectively defendants) were the subjects of a joint investigation by the Union County Prosecutor's Office and the Office of the Inspector General of the United States Department of Health and Human Services regarding alleged medical billing fraud concerning their patients at Advanced Pain Management Specialists (APMS).

click here to get this case.


Tax Court Cases

Docket No.: 004230-17
Decided: 2018-10-02
Caption: Merrill Lynch Credit Corp v Dir. Division of Taxation
Summary:
Plaintiff taxpayer, Merrill Lynch Credit Corporation, filed a complaint with this court challenging a Notice of Assessment dated August 24, 2015 issued by the defendant, Director of Division of Taxation setting forth an assessment of $14,353,297.99 in taxes, penalties and interest for corporation business taxes for the years 2007 through 2010. The taxpayer protested on February 2, 2016.

click here to get this case.


©2005 Rutgers University School of Law - Newark, 123 Washington Street, Newark, NJ 07102
Rutgers School of Law Rutgers University-Newark Support the Law
Library