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Jul 22

Future Advance Mortgages: The Law From the Past Remains the Law (With Perhaps One Exception) in the Present

Posted by Bruce D. Greenberg on Jul 22, 2016 in Chancery issues, Effect of decisions by other courts, Judges, Statutory interpretation, Summary judgment, Supreme Court of New Jersey | 0 comments
Rosenthal & Rosenthal, Inc. v. Benun, 226 N.J. 41 (2016).  A future advance mortgage, in broad outline, is a mortgage that secures a loan that is made in stages, rather than all at once.  This case called on the Supreme Court to decide whether and when such a mortgage has priority over an intervening lien.  The Appellate Division, in an opinion summarized briefly here, applied the common law rule that has been in effect since 1864 and was thereafter largely codified by statute.  That court reversed summary judgment for plaintiff, the first mortgagee.  The Supreme Court unanimously...
Jun 22

Two Days, Two New Law Against Discrimination Opinions From the Supreme Court

Posted by Bruce D. Greenberg on Jun 22, 2016 in Judges, Standards of review, Statutory interpretation, Supreme Court of New Jersey | 0 comments
In each of the last two days, the Supreme Court issued unanimous opinions involving the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -42 (“LAD”).  Yesterday, in Smith v. Millville Rescue Squad, 225 N.J. 373 (2016), the Court ruled that the LAD’s protection against discrimination based on marital status extends to persons who have separated from a spouse and are in the process of divorce.  Judge Cuff wrote that opinion.  Today, in Griffin v. City of East Orange, 225 N.J. 400 (2016), with Justice Patterson writing, the Court reversed a defense verdict in an LAD...
May 6

Catching Up With the Supreme Court

Posted by Bruce D. Greenberg on May 6, 2016 in Judges, Supreme Court of New Jersey | 0 comments
This has been a busy past ten days for the Supreme Court.  Unfortunately, that busy period coincided with one of my own busy periods.  So here is a very brief recap of some of the actions that the Court took since April 26: In Innes v. Marzano-Lesnevich, 224 N.J. 584 (2016), a closely-watched case, the Court voted 3-2 that in prosecuting a fiduciary malpractice action against an attorney who intentionally violated an escrow agreement, the prevailing beneficiary could be awarded attorneys’ fees.  Justice Solomon wrote the majority opinion, to which Chief Justice Rabner and Justice Albin...
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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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