Carelli v. Borough of Caldwell, ___ N.J. Super. ___ (App. Div. 2022). N.J.S.A. 40A:9-138 deals with the removal of a municipal administrator from office. The statute provides for a resolution of removal by the governing body that is to become effective three months after its adoption by that body. But there is a proviso: “provided, however, that the governing body shall cause to be paid to the administrator forthwith any unpaid balance of his salary and his salary for the next 3 calendar months following adoption of the resolution.” Plaintiff Carelli, the municipal administrator...

Dennehy v. East Windsor Regional Bd. of Educ., ___ N.J. ___ (2022). As discussed here, this case involved an injury to a high school field hockey player at an informal team practice when she was hit by a soccer ball that had come from a nearby field. The soccer ball went over a “ball stopper” that was designed to prevent ball interference between simultaneous games or practices on different fields. Plaintiff sued based on defendants’ alleged failure to supervise and to prevent foreseeable dangerous conditions. The Law Division granted summary judgment to defendants, holding...

Malzberg v. Josey, ___ N.J. Super. ___ (App. Div. 2022). Here is how Judge Susswein’s opinion for the Appellate Division in this case described the purely legal issue presented. “This case presents a question of first impression regarding the scope of the Transportation Network Company Safety and Regulatory Act (TNCSRA or Act), N.J.S.A. 39:5H-1 to -27. Plaintiff was injured in a motor vehicle accident while he was operating his motorcycle as an Uber Eats delivery driver. The sole legal issue raised in this appeal is whether the Act—which requires ‘transportation network...