Recent Decisions of the New Jersey Appellate Courts
from 2019-06-06 to 2019-06-20

Supreme Court Decisions


Appellate Division PUBLISHED Decisions


Docket No.: a0232-18
Decided: 2019-06-06
Caption: CAROLINE PALADINO v. AULETTO ENTERPRISES, INC.
Status: Published
Summary:
GILSON, J.A.D. In this appeal we clarify the standard for evaluating a claim of the work- product privilege. Consistent with the language of Rule 4:10-2(c), we hold that there is no per se or presumptive rule that materials prepared or collected before litigation are not prepared in anticipation of litigation. Instead, as set forth in Rule 4:10-2(c), there is a multi-part, fact-specific test. The first inquiry is whether the materials were prepared or collected in anticipation of litigation or trial by another party or that party's representative. If so, to obtain the materials, a party must satisfy a two-part standard.

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Docket No.: a5144-17
Decided: 2019-06-06
Caption: ESTATE OF BRANDON TYLER NARLESKI v. NICHOLAS GOMES
Status: Published
Summary:
SABATINO, P.J.A.D. The tragedy of this wrongful death case began when the defendant liquor store sold about a half-gallon of vodka and three twenty-four ounce cans of beer to the nineteen-year-old decedent without checking his identification. Decedent and a group of his friends – all of whom were likewise young adults under the legal drinking age of twenty-one – then converged at the home of one of the young men. They drank the purchased alcohol in the young host's bedroom. Decedent then left the house as a passenger in the car of one of the inebriated youths. He died when the driver lost control of the car and it flipped over.

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Appellate Division UNPUBLISHED Decisions


Docket No.: a0047-17
Decided: 2019-06-06
Caption: C.S. v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM
Status: Unpublished
Summary:
PER CURIAM Petitioner, C.S., a member of the Public Employees' Retirement System (PERS), appeals from the final administrative determination of the PERS Board of Trustees (PERS Board or Board), which adopted the Initial Decision of an Administrative Law Judge (ALJ) that denied petitioner's application for accidental disability retirement benefits. The ALJ and Board denied petitioner's application after concluding petitioner's disability resulted from a preex isting condition alone or in combination with work events, thus disqualifying her for accidental disability benefits. Because the Board's decision is not arbitrary or capricious, we affirm.

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Docket No.: a0118-17
Decided: 2019-06-06
Caption: SUSAN MANLEY v. BOARD OF REVIEW DEPARTMENT OF LABOR
Status: Unpublished
Summary:
PER CURIAM Claimant Susan Manley appeals from a Board of Review (Board) final agency decision adopting an Appeal Tribunal determination that she is disqualified from receiving unemployment compensation benefits because she did not leave her job at a florist shop for good cause attributable to the work, see N.J.S.A. 43:21-5(a), and ordering that she refund $1881 in benefits she received during her disqualification, see N.J.S.A. 43:21-16(d). We affirm.

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Docket No.: a0242-18
Decided: 2019-06-06
Caption: MARGARET ALLEN v. MB MUTUAL HOLDING COMPANY
Status: Unpublished
Summary:
PER CURIAM Plaintiff Margaret Allen appeals from an August 2, 2018 order dismissing her second amended complaint against defendants, her co-workers, and employer, for failure to state a personal injury claim pursuant to the Workers' Compensation Act (Act), N.J.S.A. 34:15-1 to -142. We affirm.

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Docket No.: a1916-17
Decided: 2019-06-06
Caption: STATE OF NEW JERSEY v. GUNNAR WAHLSTROM
Status: Unpublished
Summary:
PER CURIAM Defendant Gunnar Wahlstrom appeals from the October 20, 2017 decision by the Honorable Thomas J. Critchley, Jr., after a trial de novo. The four separate summonses charged defendant with various offenses arising from the Township of East Hanover's property maintenance code. We affirm.

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Docket No.: a3127-17
Decided: 2019-06-06
Caption: DETECTIVE SERGEANT FIRST CLASS ROBERT TOBEY v. STATE OF NEW JERSEY
Status: Unpublished
Summary:
PER CURIAM Plaintiff Robert Tobey appeals from the February 16, 2018 Law Division order, denying his motion to file and serve a second amended complaint against defendants New Jersey State Police (NJSP) and two superior officers. The proposed amended complaint alleged violations of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. On the same date, the trial court also granted summary judgment to defendants and dismissed plaintiff's complaint alleging violations of the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14. However, plaintiff does not challenge this latter order in this appeal.

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Docket No.: a3663-17
Decided: 2019-06-06
Caption: D.S v. PASTOR R.L.S.
Status: Unpublished
Summary:
PER CURIAM Plaintiff D.S. appeals from Law Division orders: (1) enforcing the settlement agreement reached by plaintiff and defendants New Jersey Synod and Evangelical Lutheran Church in America (collectively defendants); (2) denying plaintiff's motion for reconsideration; and (3) denying plaintiff's motion to disqualify the trial judge. We affirm.

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Docket No.: a4311-17
Decided: 2019-06-06
Caption: U.S. BANK NATIONAL ASSOCIATION v. MARISA LUZ BELL
Status: Unpublished
Summary:
PER CURIAM Defendant Marisa L. Bell appeals from a final judgment of foreclosure contending plaintiff, U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT, failed to establish it possessed the mortgage note "at the time the complaint was filed or at the time final judgment was respectfully recommended" by the Foreclosure Unit. Because the record reveals plaintiff established its standing and that of its predecessor, Nationstar Mortgage, LLC, through duly recorded assignments of mortgage predating Nationstar's complaint and U.S. Bank's motion for final judgment, we affirm.

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Docket No.: a4580-17
Decided: 2019-06-06
Caption: WELLS FARGO BANK, N.A. v. MARY YACCARINO
Status: Unpublished
Summary:
PER CURIAM In this residential mortgage foreclosure action, defendant Walter A. Walker, Sr., appeals from a September 22, 2017 order granting plaintiff Wells Fargo Bank, N.A.1 summary judgment and striking defendant's answer, an April 27, 2018 order denying defendant's motion to fix the amount due, and an April 30, 2018 order granting final judgment to plaintiff. Finding no merit to defendant's arguments, we affirm.

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Docket No.: a5455-17
Decided: 2019-06-06
Caption: ROBERT MOSS v. STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION
Status: Unpublished
Summary:
PER CURIAM Plaintiff, Robert Moss, appeals from an order denying his motion for reconsideration of an order dismissing his complaint. We affirm.

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