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Appellate Division Reverses And Remands Personal I NJ Ury/Labor Law A CT Ion To Lower Court

October 9, 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ROBERT B. SPAWN reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division.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-nurse filed suit against two defendant-homeowners when the nurse allegedly suffered a severe and permanent back injury while caring for the homeowners' teenage daughter. Due to a disabling congenital condition, the daughter was physically unable to care for herself and required assistance in all aspects of daily life. Indeed, the daughter required a home caretaker to help her move to and from her bed and wheelchair. The daughter was also totally dependent on a ventilator, which further necessitated daily skilled nursing care. On December 18, 2012, the homeowners hired the nurse to serve as the daughter's on-site overnight(...)

Congratulations To Barry A. Kozyra! 2018 Professional Lawyer Of The Year Award By The Essex County Bar Association And The New Jersey Commission On Professionalism In The Law

September 25, 2018

Kozyra & Hartz, LLC is proud to recognize and congratulate Barry A. Kozyra as a recipient of the 2018 Professional Lawyer of the Year Award by the Essex County Bar Association and New Jersey Commission on Professionalism in the Law for his exemplary conduct, competence, diligence, demeanor, and being a positive example for others. The award will be presented at the Commission's Professionalism Awards Luncheon on Thursday, October 11, 2018 at the Pines Manor in Edison, New Jersey. Congratulations Barry!

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Robert B. Spawn reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division.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(...)