NEWS Notes green


Covid 19 (Coronavirus Disease 2019)

March 10, 2020

COVID-19 (Coronavirus Disease 2019) has now been identified as being present in the United States. Everyone should be aware of what you can do now to prevent the spread of COVID-19. The following are recommended steps from the Centers for Disease Control (CDC) : (1) Wash your hands with soap and warm water for 20 seconds. Do this often. (2) Do not touch your face, nose, hands or mouth, as that will spread the virus. (3) Use your folded arm or a tissue if you cough or sneeze and discard the tissue immediately afterward. (4) Avoid close contact with people who are sick. Stay home when you are sick. (5) Clean and disinfect frequently touched objects and surfaces using a regular household cleaning spray or wipe. For current information on COVID-19, as well as signs and symptoms,(...)

Kozyra & Hartz, LLC Congratulates Its Partner Michael J. Rankin For Being Sworn In As The Township Of West Caldwell's Planning Board Attorney On January 13, 2020

February 4, 2020

On January 13, 2020, Michael J. Rankin was sworn in as the Planning Board Attorney for the Township of West Caldwell for the 2020 term. Mr. Rankin's practice includes, amongst other things, all aspects of real estate law including, but not limited to, real estate litigation, commercial and residential transactions and land use. Congratulations Michael!

Spoliation Of Evidence Does Not Automatically Entitle A Plaintiff To An Adverse Inference

December 12, 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ROBERT B. SPAWN reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division.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 Plaintiff-Tenant was sitting in a chair in the basement laundry room of her apartment building (owned by a Defendant-Landlord) for about thirty minutes before a leg on the chair gave way, causing Plaintiff to sustain personal injuries to her shoulder, arm, neck, back, and knees. The chair was part of a set of chairs that were connected to each other, and Plaintiff was sitting on an end chair. Plaintiff described the leg of the subject chair as having "collapsed," and asserts that she became caught between the chair she was sitting on and the chair connected to it on her right, after which she fell to the floor. On August 6,(...)

Under The Tort Claims Act, Conduct That Is Objectively Indicative Of A Decedent’s Lack Of Due Care Will Preclude A Finding Of Any Actionable Dangerous Condition (And Any Liability Against A Defendant)

November 25, 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 Decedent was struck and killed by a motor vehicle on a four-lane roadway at approximately 9:30 p.m. on January 29, 2013. The driver of the motor vehicle explained that he did not see Decedent attempting to cross the street because she was wearing dark clothing. Decedent had also apparently elected to enter the roadway at a point not designated for crossing, despite the existence of crosswalks located near where she was hit. In her complaint and summary judgment motion papers, Plaintiff (the administratrix of Decedent's estate) asserted that the road was a dangerous condition that proximately caused Decedent's injuries, and that, as(...)

Appellate Division, In Reversing Dismissal Of Personal Injury Case Against University, Reaffirms Principle That Landowners Have A Duty To Warn Independent Contractors Of Latent Defects

October 23, 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-University hired an electrical services company as an independent contractor to repair lights on the roof of its library, and Plaintiff (an employee of the electrical services company), was injured during the course of his work. On the date of the incident, Plaintiff attempted to access the roof by using a bucket truck (as was his custom), but a car of one of the University's employees was preventing Plaintiff from accessing the roof in such a manner. Plaintiff was thus forced to find an alternate way to the roof, and, while en route, Plaintiff leaned on a balustrade (a cast-stone railing) in order to retrieve pliers that(...)