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All Attorneys At Kozyra & Hartz, LLC Join In Donation To The Essex County Bar Foundation Gun Buyback Initiative

December 28, 2018

The Essex County Bar Foundation (ECBF) recently announced a cooperative initiative with the Essex County Prosecutor's Office and other state and local law enforcement agencies to host a gun buyback event. Every attorney at Kozyra & Hartz, LLC (K&H) has joined in donating a total of $1,500.00 toward the ECBF gun buyback initiative in an effort to take 6 rifles and 6 handguns out of harm's way. Kozyra & Hartz, LLC has always been a strong supporter of the Essex County Bar Association (ECBA) and the ECBF's public service and fundraising efforts for the Essex County community. The gun buyback initiative is particularly close to the heart of K&H's founding member, Barry A. Kozyra, as he initiated the idea for the event to take place. "The surrender was proposed to bring awareness(...)

Appellate Division Affirms Trial Court’s Judgment Of Possession To Landlord In Eviction Action

December 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ROBERT B. SPAWN reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division.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 Plaintiff-Landlord sent a three-day Notice of Termination of Lease to a Defendant-Tenant on January 30, 2017. The Notice specified that Plaintiff was seeking termination of Defendant's lease due to a January 30, 2017 incident in which Defendant had allegedly entered the management office and assaulted both Plaintiff and another resident of the complex. After Defendant did not leave her apartment within three days, Plaintiff filed a summary eviction action on February 15, 2017, again citing the January 30, 2017 assault as justification for Defendant's forced removal from the premises. Following a two-day bench trial on March 23 and(...)

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 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(...)

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,(...)