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Feb 2

No Breach of Contract or Negligence Per Se Claims in Medical Negligence Case

Posted by Bruce D. Greenberg on Feb 2, 2022 in Appellate Division, Judges, Standards of review | 0 comments
Labega v. Joshi, ___ N.J. Super. ___ (App. Div. 2022). Judge Accurso’s opinion in this case began as follows: “We permitted defendants in this medical malpractice action leave to appeal the trial court’s denial of their motions for partial summary judgment on plaintiff’s claims for breach of contract and hospital policy based on a third -party beneficiary theory as well as his claims for negligence per se for defendants’ alleged violation of the hospital policies incorporated into those contracts. Because well-established precedent makes clear neither cause of...
Apr 29

A Monumental Opinion by Judge Accurso in a “Title Raider” Case

Posted by Bruce D. Greenberg on Apr 29, 2021 in Appellate Division, Chancery issues, Contract interpretation, Effect of decisions by other courts, Judges, Notable opinion writing, Summary judgment | 0 comments
Phoenix Pinelands Corp. v. Davidoff, ___ N.J. Super. ___ (App. Div. 2021). Today’s opinion by Judge Accurso in this case clocked in at 175 pages. It is the longest opinion of the current Term and may be the longest opinion issued by the Appellate Division since this blog began. Here are the first few paragraphs of the opinion, which amply summarizes what followed: “The State of New Jersey, Department of Environmental Protection, appeals from a final judgment in this quia timet and ejectment action divesting it of its title to seven parcels of land in the Preservation Area of the...
Apr 26

A Summary Reversal in an Election Case

Posted by Bruce D. Greenberg on Apr 26, 2021 in Appellate Division, Judges, Standards of review, Statutory interpretation | 0 comments
Board of Education of East Newark v. Harris, ___ N.J. Super. ___ (App. Div. 2021). Rule 2:8-3(b) allows the Appellate Division to decide appeals summarily without notice to the parties. Though that relief is often sought, it is not often granted. In some election cases, however, the Appellate Division has issued summary decisions. This ruling by Judge Accurso is the latest example of that. The case arose out of efforts by the plaintiff Board of Education to reclassify its school district from Type I, in which Board members are appointed annually by the Mayor to rotating terms, to Type II,...
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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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