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...

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...

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,...