Category Archive: Legal News

  • Contract Prevents Personal Injury Plaintiff From Recovery

    Plaintiff slipped and fell on sweat at her gym, causing injury to her elbow that required surgery. Prior to joining the gym, plaintiff signed a contract that prevents an injured patron from suing the gym for negligence for any injuries sustained while using the gym. The New Jersey Appellate Division upheld the trial court’s decision to dismiss the case because the contract prevented plaintiff from suing the gym for negligence in connection with “voluntarily use of equipment and participation in instructed activity.” Plaintiff tried to amend her read more
  • Workers’ Compensation Insurers Eligible To Recover Medical Expenses

    The Appellate Division of the New Jersey Superior Court found that medical expenses are recoverable by Workers’ Compensation insurers. Relying on Section 40 of the Workers’ Compensation Act (WCA), the Court found that Workers’ Compensation carriers may claim part of a judgment where a worker obtains recovery from a third-party tortfeasor. If an employee suffers in a work-related accident, receives recovery for his or her injuries, and relies on workers’ compensation benefits for recovery, their recovery may be subject to

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  • First Department Appellate Division Approves Construction At Pier 55

    MATTER OF CITY CLUB OF NEW YORK V. HUDSON RIVER PARK TRUST, 101068/15.

    The First Department Appellate Division is allowing construction of a 2.4-acre park on Pier 55 to proceed. The Court determined on September 9th, 2016 that the construction complies with New York environmental review and parkland use laws. The project, set for construction on the Hudson River shoreline and 13th Street, has received the support of Governor Cuomo, who proclaimed in a statement that he believes it will result in a

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  • New York State Legislature Shortens Foreclosure Proceedings

    The state legislature signed Chapter 73 of the Laws of New York into law during the summer in an attempt to shorten foreclosure proceedings. New York foreclosure proceedings are some of the longest in the United States, and are now subject to expedited measures, including a notable amendment to CPLR §3408 shortening the timeline of the mandatory foreclosure settlement conference. The settlement conference requirement allows a borrower to negotiate with their lender in the hopes of preventing the borrower from losing his or her home

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  • NJ TRIAL JUDGE NUMBERS LOWEST IN 14 YEARS

    NJ TRIAL JUDGE NUMBERS LOWEST IN 14 YEARS

    8/5/14 The New Jersey judiciary roster is getting by with fewer and fewer resources, as judicial ranks have hit a 14 year low, according to this year’s general assignment order. Seven areas lost judges, while just three gained judges. Five stayed the same. Bergen and Passaic were hit hardest, each taking a four-judge net loss. Mercer had a net loss of two. Four other areas had a net loss of one. Bergen was the biggest loser last year, too, shedding three judges. The

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  • New York State Legislature Shortens Foreclosure Proceedings

    The state legislature signed Chapter 73 of the Laws of New York into law during the summer in an attempt to shorten foreclosure proceedings. New York foreclosure proceedings are some of the longest in the United States, and are now subject to expedited measures, including a notable amendment to CPLR §3408 shortening the timeline of the mandatory foreclosure settlement conference. The settlement conference requirement allows a borrower to negotiate with their lender in the hopes of preventing the borrower from losing his or her home, and previously

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