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Appellate Division Affirms Trial Court’s Dismissal Of Lad Claim

December 10, 2018

ROBERT B. SPAWN reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division. A recent New Jersey case involved an incident in which an African-American high school student ("Plaintiff") was escorted off school premises by a security guard after classes had ended on April 28, 2015. According to Plaintiff, as the two parties approached the exit to the building, Plaintiff and the security guard got into a physical altercation, and the security guard then made a racially abusive remark directed at Plaintiff, which, in turn, caused Plaintiff a great deal of pain and suffering. Plaintiff further alleged that this episode discouraged him from returning to school in the future. The school ("Defendant") investigated Plaintiff's allegations by viewing(...)

Dwi Guilty Plea Reinstated By Appellate Division

December 10, 2018

William H. Mone reports on a recent published decision from the Superior Court of New Jersey, Appellate Division. A New Jersey woman was arrested after a police officer observed her vehicle make a U-turn on a highway and pull into the parking lot of a closed retail business shortly after midnight on a holiday. The officer did not observe the woman commit any traffic violations or drive erratically, but nonetheless activated his emergency lights and stopped the woman's vehicle to investigate her presence in the parking lot at such an odd time. The officer's questioning of the woman ultimately led to her being arrested and charged with Driving While Intoxicated ("DWI"), refusal to submit to a chemical breath test, and reckless driving. The woman filed a motion in the municipal(...)

Appellate Division Affirms Suspension Of Non Resident’s Driver’s License

November 27, 2018

ROBERT B. SPAWN reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division. A recent case involved a Petitioner who appealed from a New Jersey State Commission's final decision suspending his driver's license for two years after he was convicted of "driving while ability impaired by alcohol" in New York. Petitioner had been convicted of two offenses for driving while intoxicated in New Jersey before he was charged with driving while ability impaired by alcohol pursuant to an incident that occurred in New York on March 14, 2017. At the time of the New York incident, Petitioner was a New Jersey licensed driver, although he resided in New York. Shortly after the incident, Petitioner obtained a New York driver's license on March 22,(...)

Kozyra & Hartz, LLC 2018 Annual Wine Down & Holiday Food Drive

November 20, 2018

Dear Friends and Colleagues: Kozyra & Hartz, LLC and the Nutley Family Service Bureau thank all guests and donors for participation in the Kozyra & Hartz, LLC 2018 Annual Wine Down & Holiday Food Drive which took place on November 20, 2018. The event allowed old friends and new ones to meet and celebrate in a relaxed and festive atmosphere and share our good fortunes with others in need. Guests and donors helped Kozyra & Hartz raise needed cash donations and deliver a carload of food for the needy. Kozyra & Hartz will continue to accept additional contributions through the end of the year. Keep your eyes open for the announcement date of next year's Annual Holiday Wine Down & Food Drive, which we hope to be the biggest ever! Happy Holidays to you and your families and(...)

Appellate Division Reverses Trial Court’s Dismissal Of Plaintiff’s Complaint In Dental I NJ Ury Case

November 19, 2018

Robert B. Spawn reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division. In a recent New Jersey case, a Plaintiff claimed that he suffered permanent neurological damage resulting from negligent procedures utilized by a Defendant-dentist. In support of his contention, Plaintiff introduced a dental expert, who concluded that Defendant deviated from the standard of care by using a Septocaine injection during a mandibular block procedure. The dental expert reached this conclusion based on Plaintiff's description of the physical action of the Septocaine injection, which was commensurate with such a procedure. However, Defendant's own office notes did not definitively confirm whether a mandibular block procedure was performed, and, for that(...)