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...

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...

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...