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ROBERT B. SPAWN reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division.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(...)
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ROBERT B. SPAWN reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division.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(...)
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ROBERT B. SPAWN reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division.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,(...)
November 20, 2018
Dear Friends and Colleagues:
Kozyra & Hartz, LLC and the Nutley Family Service Bureau thank all guests and donors for participation in the Kozyra & Hartz, LLC 2018 Annual Wine Down & Holiday Food Drive which took place on November 20, 2018.
The event allowed old friends and new ones to meet and celebrate in a relaxed and festive atmosphere and share our good fortunes with others in need. Guests and donors helped Kozyra & Hartz raise needed cash donations and deliver a carload of food for the needy. Kozyra & Hartz will continue to accept additional contributions through the end of the year.
Keep your eyes open for the announcement date of next year's Annual Holiday Wine Down & Food Drive, which we hope to be the biggest ever!
Happy Holidays to you and your families and(...)
November 19, 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 claimed that he suffered permanent neurological damage resulting from negligent procedures utilized by a Defendant-dentist. In support of his contention, Plaintiff introduced a dental expert, who concluded that Defendant deviated from the standard of care by using a Septocaine injection during a mandibular block procedure. The dental expert reached this conclusion based on Plaintiff's description of the physical action of the Septocaine injection, which was commensurate with such a procedure. However, Defendant's own office notes did not definitively confirm whether a mandibular block procedure was performed, and, for that(...)
