Krzykalski v. Tindall, ___ N.J. Super. ___ (App. Div. 2016).  This was an auto accident case.  At trial, the jury was allowed to consider in the comparative negligence mix not only defendant’s negligence but that of a John Doe defendant whose driving had a role in the collision.  The jury found Doe 97% negligent and defendant only 3% negligent, resulting in a molded damage award to the first named plaintiff of just $3,236.70.  No damages were awarded to the other plaintiff, his e

J.S. v. D.S., ___ N.J. Super. ___ (App. Div. 2016).  Normally, when parties agree to dismiss an appeal, the courts are only to happy to oblige.  This opinion by Judge Fisher yesterday in a domestic violence final restraining order case is a rare exception to that general rule.

Plaintiff filed a complaint against her husband under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35 (“the Act”).  She obtained a temporary restraining order against defendant.  At th

HUNY & BH Associates v. Silberberg, ___ N.J. Super. ___ (App. Div. 2016).  This 2-1 decision of the Appellate Division, issued today, is a rare published opinion on a motion to dismiss an appeal.  Defendant Silberberg filed a motion to intervene in a multi-party lawsuit on behalf of himself doing business as “Right Time,” a New York sole proprietorship.  The Law Division denied that motion, and Silberberg filed an appeal as of right.  Other parties moved to d