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...

Late last week, the Supreme Court and the Appellate Division each issued two published opinions. Neither court has issued any published opinions this week (nor is either court slated to do so tomorrow, a relatively long hiatus for both courts at this point in a Term), thus affording time for another catch-up post. Here are summaries of those latest opinions. Maison v. New Jersey Transit Corp., ___ N.J. ___ (2021). This was a 4-3 decision in a case in which plaintiff, a passenger on a New Jersey Transit bus, was attacked and injured by another passenger, who threw a bottle at plaintiff....

Glassman v. Friedel, 465 N.J. Super. 436 (App. Div. 2020). Ciluffo v. Middlesex Gen’l Hosp., 146 N.J. Super. 476 (App. Div. 1977), was a case involving how to handle a plaintiff’s claims against “successive independent tortfeasors” when the plaintiff settles with fewer than all defendants and then tries his or her case against the others. That case held that, in order to “avoid duplicating compensation to the plaintiff,” a non-settling defendant was entitled to a “settlement credit” for part of the payment made by the settling defendant. The...