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Mar 11

Successor Liability (or Non-Liability) on a Commercial Lease

Posted by Bruce D. Greenberg on Mar 11, 2021 in Appellate Division, Effect of decisions by other courts, Judges, Standards of review | 0 comments
160 West Broadway Associates, LP v. 1 Memorial Drive, LLC, ___ N.J. Super. ___ (App. Div. 2021). Judge Messano issued this opinion for the Appellate Division today. Though there were other issues and claims against other parties at the trial level, the appeal related only to a claim of successor liability against one defendant, 1 Memorial Drive, LLC (“Memorial”). Defendant Amma Corp. operated a supermarket, called “:Super Supermarket,” a name that was trademarked, under a lease in a Paterson strip mall owned by plaintiff. Defendants Antonio and Mireya Perez were equal...
Mar 5

The Direct Action Statute and Arbitration

Posted by Bruce D. Greenberg on Mar 5, 2021 in Appellate Division, Judges, Standards of review, Statutory interpretation | 0 comments
Crystal Point Condominium Ass’n v. Kinsale Ins. Co., ___ N.J. Super. ___ (App. Div. 2021). Plaintiff filed a construction defect litigation regarding balconies and slabs at plaintiff’s 42-story condominium building. Among the defendants were the structural engineer for the construction of the building and a third party inspector of the balconies and slabs. Neither defendant filed an Answer, and plaintiff ultimately obtained default judgment against both of them. Plaintiff had writs of execution issued, but the writs were not returned by the time this appeal was briefed. Plaintiff...
Mar 3

Another Mass Tort Case Headed for the Supreme Court?

Posted by Bruce D. Greenberg on Mar 3, 2021 in Appellate Division, Effect of decisions by other courts, Judges, Notable opinion writing, Standards of review | 0 comments
Hrymoc v. Ethicon, Inc., ___ N.J. Super. ___ (App. Div. 2021). This lengthy opinion by Judge Sabatino reversed trial verdicts for plaintiffs in two product liability cases involving pelvic mesh medical devices. The two verdicts together totaled $83 million in compensatory and punitive damages. Though defendants asserted many arguments for reversal, the Appellate Division rejected all but one. But that one contention won the day. Defendants successfully asserted that the two trial judges “erred by categorically excluding any proof that defendants had obtained what is known as...
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About the Author

Bruce D. Greenberg, a partner of Lite DePalma Greenberg & Afanador, LLC, has more than 35 years of appellate experience.  He has argued dozens of cases in New Jersey’s Appellate Division, and he has handled oral arguments in the Supreme Court of New Jersey and the Third Circuit Court of Appeals as well.  Mr. Greenberg’s appellate cases have ranged from . . more

 

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