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...

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...

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...