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Click on any decision below to get the full opinion – November 10, 2026.
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NOT APPROVED FOR PUBLICATION |
New Jersey Appellate Division
Civil/Education – Sexual Assault
A.M. vs. Millville Board of Education (Cumberland County and Statewide) – The plaintiff A.M. appealed from a post-remand order granting summary judgment to the defendant Millville Board of Education and dismissing with prejudice her complaint for various claims stemming from a BOE employee's sexual assault of her while she was a student at Millville High School. Because on remand the trial court misapplied the
statute of limitations analysis prescribed under the Child Sexual Abuse Act, the Appellate Division vacated the order and remanded for further proceedings before a different judge.
Civil – Helicopter Crash
Angela K. Gentry, etc. vs. Herlihy Helicopters, Inc., et al. (Burlington County and Statewide) – The plaintiff Angela K. Gentry, individually and as the executrix of the Estate of Troy Lee Gentry, her deceased husband, appealed from several pretrial orders addressing the admissibility of expert testimony at trial. The product liability action stems from a helicopter crash in Medford. The decedent, a musician with the country music band Montgomery Gentry, died in the accident. Additionally, the plaintiff appealed from an order granting summary judgment to the defendant Avco Corporation d/b/a Lycoming Engines and d/b/a Avco Lycoming-Textron Williamsport and denying her motion for summary judgment. The Appellate Division affirmed all orders on appeal.
Civil – Personal Injury
Mohammed Huzien, et al. vs. Nelson Duran, et al. (Bergen County and Statewide) – The plaintiffs Mohammed Huzien and Diane Huzien appealed from a series of orders and trial rulings stemming from a personal injury complaint in which the plaintiff alleged he was struck on the head by a commercial garage door while lawfully on the defendant's premises, including: an order barring the plaintiffs' amendments to interrogatory answers concerning surveillance evidence; a subsequent order denying reconsideration of the order, as well as a ruling denying the plaintiffs' trial request to utilize the surveillance evidence for impeachment purposes; a trial ruling barring the plaintiff from testifying about discussions with his physicians concerning surgery; trial rulings denying the plaintiffs' directed verdict motion on liability and proximate cause; an order of judgment memorializing the jury's verdict; and an order denying the plaintiffs' motion for judgment notwithstanding the verdict or, alternatively, a new trial. The plaintiffs also contended there was plain error in the jury instructions and verdict sheet as well as cumulative error requiring a new trial. The Appellate Division affirmed the lower court.
Consumer Protection/Landlord-Tenant – Debt Collection
Jhon Castillo, et al. vs. Sammarro & Zalarick, P.A., et al. (Bergen County and Statewide) – The plaintiffs alleged the defendants Sammaro & Zalarick, P.A. and Gary J. Zalarick violated the Fair Debt Collection Practices Act when they filed landlord-tenant summary dispossess actions against them. The plaintiffs argued that in each action the defendants improperly attempted to collect attorneys' fees and filing fees as rent and falsely represented, among other things, that such amounts were "permitted to be charged as rent by . . . law . . . and by the[ir] lease[s]." The trial court dismissed the plaintiffs' complaints for failure to state a claim upon which relief can be granted pursuant to Rule 4:6-2(e). The Appellate Division reversed the lower court.
Criminal – Post-Conviction Relief
State of New Jersey vs. R.J.Y. (Ocean County and Statewide) – The defendant R.J.Y. appealed from the Law Division's order denying his petition for post-conviction relief without an evidentiary hearing. The defendant is serving a 22-year prison sentence for aggravated sexual assault and child endangerment. The Appellate Division affirmed the lower court.
Criminal – Drug Possession
State of New Jersey vs. Malik Clark (Middlesex County and Statewide) – The defendant Malik Clark was charged with various drug offenses and pleaded guilty to third-degree possession with intent to distribute a controlled dangerous substance and a violation of probation. Prior to entering the plea, he filed a motion to suppress physical evidence, which was denied. On appeal, he argued the motion was improperly denied because the police arrested him without probable cause and relied on the fruits of the illegal arrest to obtain a search warrant to search the car. The Appellate Division affirmed the lower court.
Criminal – Sexual Contact
State of New Jersey vs. Jimmy Davis (Camden County and Statewide) – The defendant Jimmy Davis was tried by a jury and found guilty of fourth-degree criminal
sexual contact. He was acquitted of other more serious charges. The trial court imposed a sentence of three years' probation, subject to 180 days of confinement to be served on weekends. On appeal, the defendant's arguments solely concerned the admissibility of statements that he made to investigating law enforcement officers. The Appellate Division affirmed the lower court.
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