Two for the Supreme Court

The Supreme Court announced that it has granted review in two more cases. In one case, the Court granted certification, while in the other the Court granted leave to appeal.

In Crystal Point Condominium Ass’n, Inc. v. Kinsale Ins. Co., the Court granted certification. The question presented, as phrased by the Supreme Court Clerk’s office, is “Does the direct action statute, N.J.S.A. 17:28-2, apply, and is plaintiff bound by the mandatory arbitration provision in the underlying insurance contract?” In an opinion reported at 466 N.J. Super. 471 (App. Div. 2021), and discussed here, a three-judge panel of the Appellate Division reversed a Law Division decision that had dismissed plaintiff’s complaint and required that plaintiff instead arbitrate its claims with defendant. The panel reinstated the case and remanded it for further proceedings.

The leave to appeal case, a criminal matter, is State v. Goldsmith. That case presents this question: “Did the police officers have a reasonable and articulable suspicion to stop defendant and to frisk him?” After the Law Division had granted defendant’s motion to suppress certain evidence, a two-judge Appellate Division panel, in an unpublished opinion, reversed that ruling. The panel held that the frisk of defendant was permissible and the evidence was therefore admissible.