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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STELIOS STOUPAKIS reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division, concerning the Prosecutor's discretion in denying Pretrial Intervention Program ("PTI")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(...)

Appellate Division Reverses Grant Of Summary Judgment To Design Engineers In Road Collapse Case

March 4, 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ROBERT B. SPAWN reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division.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-County initiated two separate construction projects to repair and extend a road in a city (the "Road"), and the Defendants-Design Engineers were hired to, among other things, perform geotechnical evaluations for both projects. The first project, which was completed in 1998, extended portions of the Road near 12th and 14th Streets in the city and included a connector loop constructed on timber pilings. The second project, which extended portions of the Road near 15th Street in the city and connected it to the loop built in the first project, was built on preexisting steel pilings and concrete platforms. On July 2, 2001, after(...)

Appellate Division Affirms Dismissal Of Personal Injury Claims For Failure To Satisfy Threshold Requirements Of Tort Claims Act

February 20, 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ROBERT B. SPAWN reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division.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, who lived in a building owned and maintained by a Defendant-Housing Authority, fell through a hole in the floor of her apartment. After a hospital visit on the night of her fall (in December 2013), Plaintiff followed up with her primary care physician regarding lingering knee and back pain. Per her physician's recommendation, Plaintiff underwent physical therapy for several months, but, because her knee and back pain did not improve, Plaintiff subsequently sought treatment at a chiropractic center, and received twenty-nine chiropractic treatments between February and June 2014. Notably, in the midst of her chiropractic(...)

Kozyra & Hartz, LLC Is Pleased To Announce That Stelios Stoupakis Has Joined The Firm As An Associate

February 15, 2019

Mr. Stoupakis is a graduate of Drew University (B.A. 2001). He is a graduate of St. John's University School of Law (J.D. 2004) where he was a Staff Member of the St. John's Law Review. Mr. Stoupakis was admitted to practice law in the State of New Jersey in 2004. Mr. Stoupakis started his legal career as an Assistant Prosecutor for the Passaic County Prosecutor's Office, under the late Prosecutor James Avigliano. He became an associate at the law firm of DiBiasi & Rinaldi in Nutley, New Jersey, before opening his own law practice as a partner at Koniarelis, Stoupakis & Kalogeras in Fairview, New Jersey. Mr. Stoupakis has experience in criminal, family, domestic violence, real estate, condominium conversions, contracts and civil litigation.

Appellate Division Affirms Trial Court’s Decision Awarding Public Adjusting Fees To Former LLC Members

February 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 dispute between four members of a public adjusting business (the "LLC") originally formed in 1999. Each member obtained business for the LLC through solicitation or referral of clients, and all public adjusting fees collected from the clients were paid directly to the LLC. The managing member ("SK"), pursuant to authority given to him by the LLC's operating agreement, instituted a procedure requiring a member to submit an expense report with supporting receipts in order to receive reimbursement for business expenses. Three members of the LLC (Defendants SK, JS, and JT) routinely submitted such expense reports and received(...)