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Appellate Division Finds Offer, Acceptance, And Binding Oral Contract In Home Repair Case

March 18, 2019

ROBERT B. SPAWN reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division.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 Defendant-Building Company ("Builder") appealed a $2,836 Special Civil Part judgment in favor of a Plaintiff-Installation Company ("Installer") regarding the installation of cabling at a home the Builder had constructed for a Defendant-Homeowner. At trial, the Installer's Managing Member testified that he sent the Builder a written estimate of $5,404 for the installation of an alarm system in the Homeowner's new house. Upon receiving the estimate, an employee of the Builder orally told the Managing Member of the Installer to proceed with the work, and the Installer then discussed the details of the installation with the Homeowner. (...)

Appellate Division Upholds Denial Of Firearms Identification Card

March 14, 2019

WILLIAM H. MONE reports on a recent decision from the Superior Court of New Jersey, Appellate Division, which upheld the denial of a New Jersey man's application for a Firearms Identification Card ("FID") and permit to purchase a handgun. A New Jersey man applied for a Firearms Identification Card ("FID"), which is required to own a firearm in New Jersey, and a permit to purchase a handgun. The police chief for the municipality in which the man resided denied his application because the background investigation revealed a "series of disturbing antisocial behavior." The man's disturbing behavior included, inter alia, threatening to kill a schoolteacher and attempting to steal a police officer's handgun when the man was eight years old, biting a teacher, and fighting another student(...)

Appellate Division Affirms Trial Court’s Grant Of Summary Judgment To Movie Theater In Slip And Fall/Premises Liability Case

March 11, 2019

ROBERT B. SPAWN reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division. A recent New Jersey case involved a Plaintiff-Patron who sustained injuries after slipping and falling on the premises of a Defendant-Movie Theater. Plaintiff testified in his deposition that, as he was attempting to exit one of Defendant's theaters after seeing a 6:30 p.m. show, he "saw trash or debris on the floor, tripped over it, and fell right into the emergency exit door on a metal bar." Plaintiff also indicated in testimony that he had seen "litter" when he first sat down in the theater before the movie, but "paid it no mind." Plaintiff, however, was unable to precisely define what he had seen on the floor, further stating that the trash or litter "could(...)

A Police Officer’s Disposal Of Alleged Open Alcohol Containers Found In Defendant’s Vehicle Is Deemed A Violation Of Defendant’s Right Due To Process

March 11, 2019

Stelios Stoupakis reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division, dealing with a police officer's handling of alleged open bottles of wine and vodka located in the vehicle operated by the Defendant, who was charged with driving while intoxicated ("DWI"). The Appellate Division recently maintained the importance of a Defendant's due process rights against the "policy" of a certain police department in matters involving open alcohol containers. The police allegedly found Defendant sleeping in his automobile with the engine running and vomit located within the interior of the vehicle. Upon being woken up, Defendant was speaking incoherently, had bloodshot/watery eyes, and smelled of alcohol. Notably, two open alcohol containers(...)

Prosecutor’s Discretion In Denying Pretrial Intervention Applications Is Not Limitless

March 7, 2019

STELIOS STOUPAKIS reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division, concerning the Prosecutor's discretion in denying Pretrial Intervention Program ("PTI") applications. Specifically, the Appellate Division slightly tightened the broad discretion originally provided to the Prosecutor in the decision making over PTI applications. PTI generally offers first-time offenders charged with indictable offenses an opportunity to avoid a criminal conviction. Typically, only Defendants charged with non-violent crimes are eligible for PTI; however, as evidenced in this decision, that does not always hold true. The Defendant, in this case, was charged with second-degree aggravated assault and second-degree conspiracy to commit assault and(...)