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Appellate Division Affirms Trial Court’s Dismissal Of Plaintiff’s Complaint In Real Estate/Slip And Fall Case

September 17, 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Robert B. Spawn reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division.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 buyer and seller agreed upon a price for a one-family home in the Borough of Metuchen and signed a sales contract on January 9, 2014. Per the sales contract, the buyer was to obtain a purchase-money loan secured by a mortgage on the property. After the buyer secured a mortgage lender, the lender sent a property appraiser to the house on February 12, 2014. Plaintiff, a real estate broker who represented the buyer, accompanied the appraiser on this site visit to ensure that the appraiser had access to the property. An hour before going to the house, plaintiff called the listing agent for the property and told her that she was going to(...)

Appellate Division Reverses Trial Court’s Denial Of Suppression Motion In Search And Seizure Case

September 10, 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Robert B. Spawn reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division.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 defendant was pulled over by the police for committing several motor vehicle violations. The police ran the vehicle's license plate and determined that the defendant was the owner of the car, and the defendant also produced his license, which confirmed his identity. Nonetheless, because the defendant was unable to produce the registration for his vehicle, the officers conducted a limited warrantless search of the vehicle's glove box and discovered a handgun. A subsequent search of the vehicle pursuant to a warrant revealed additional guns, and the defendant was eventually convicted of various weapons offenses. The Appellate Division(...)

Season Ticket Holder Loses Psl Dispute

September 10, 2018

WILLIAM H. MONE reports on a recent decision from the United States District Court for the District of New Jersey. A New York Jets fan recently lost a dispute with the team over the requirement that he purchase a transferrable Personal Seat License ("PSL") in order to secure his ability to purchase season tickets. The fan purchased a PSL from a wholly owned subsidiary of the team in 2010. The PSL guaranteed the fan the ability to purchase season tickets for specific seats in the "200 level" of MetLife Stadium. The fan alleged that he did so believing it was the only way to acquire season tickets for those seats. The fan continued to renew the PSL and purchase season tickets from 2010 to 2018. In 2018, the team informed the fan that he would no longer need to renew the PSL in(...)

Kozyra & Hartz, LLC Sponsors And Participates In The Essex County Bar Association Bowling For Gun Buy Back Event – August 14, 2018 At Eagle Rock Lanes, West Orange, New Jersey

August 23, 2018

On August 14, 2018, Kozyra & Hartz, LLC sponsored and participated in the Essex County Bar Association's Bowling for Gun Buy Back charity event held at the Eagle Rock Lanes in West Orange, New Jersey. This fun-filled event raised money for the Gun Buy Back Initiative of the Essex County Bar Foundation and the Essex County Prosecutor's Office.

Third Circuit Upholds Dismissal Of Tort Claim

August 7, 2018

WILLIAM H. MONE reports on a recent published decision from the United States Court of Appeals, Third Circuit. A New Jersey woman was injured as a result of a motor vehicle collision with a vehicle owned and operated by the United States Postal Service ("USPS"). Two weeks thereafter, the woman submitted an administrative tort claim notice to USPS pursuant to the Federal Tort Claims Act ("FTCA"). The woman's claim was subsequently denied by the USPS, and the woman was notified that she was permitted to file suit in federal court no later than six months from the date the denial notice was mailed to her. The woman subsequently filed suit against the USPS and the driver of the other vehicle in the District Court of New Jersey eight months after the denial notice was mailed to her. (...)