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Click on any decision below to get the full opinion – October 22, 2026.
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NOT APPROVED FOR PUBLICATION |
New Jersey Appellate Division
Employment – Disability Discrimination
Kathleen Markus vs. Reo Diner, et al. (Middlesex County and Statewide) – The defendants Reo Diner and Christina Kontos appealed from an amended final judgment entered in favor of the plaintiff Kathleen Markus after a jury determined the defendants failed to accommodate her disability in violation of the New Jersey Law Against Discrimination. The plaintiff cross-appealed from the same judgment awarding her attorneys' fees in the amount of $203,989.44. The Appellate Division affirmed the lower
court.
Employment – Unemployment Insurance Benefits
Lance Trusty vs. Board of Review, et al. (Department of Labor and Workforce Development) – Lance Trusty appealed from a final agency decision by respondent Board of Review, Department of Labor and Workforce Development affirming a decision by the Appeal Tribunal that he is disqualified for unemployment benefits. The Appellate Division affirmed the agency’s decision.
Employment/Education – Alleged Discrimination
Jeannette Andreula vs. The Board of Education of the Township of Nutley, et al. (Essex County and Statewide) – The plaintiff Jeannette Andreula appealed from orders that led to the dismissal of her New Jersey Law Against Discrimination claim against the defendants Board of Education of the Township of Nutley, school district superintendent Russell Lazovick, and elementary school principal Lorraine Restel. The Appellate Division affirmed the lower court.
Estate – Arbitration
Estate of Thomas Harasym, et al. vs. Cambridge Operator LLC, et al. (Burlington County and Statewide) – The plaintiffs appealed from the trial court's order denying their motion for reconsideration of the court's order granting the defendants' motion to compel arbitration. The case stems from a medical negligence and wrongful death action against the defendant, a nursing home. The Appellate Division affirmed the lower court.
Administrative – Inmate Discipline
Jaylen R. Anderson vs. New Jersey Department of Corrections (New Jersey Department of Corrections) – Jaylen Anderson, an inmate at Bayside State Prison, appealed from a final agency decision of the Department of Corrections imposing discipline for committing prohibited act *.203, possession or introduction of any prohibited substance such as drugs, intoxicants, or related paraphernalia not prescribed by medical or dental staff. Anderson contended the decision was arbitrary, capricious, and unreasonable because the alleged prohibited substance was not confirmed by the state laboratory; and therefore, the evidence was
insufficient to find him guilty of the infraction. The Appellate Division vacated the decision and remanded for further proceedings.
Municipal – Vehicle Tow
Daniel Luis Gomes vs. Linden City Municipality (Union County and Statewide) – The plaintiff Daniel Luis Gomes appealed from a Law Division order dismissing his complaint with prejudice following a bench trial. The plaintiff's personal vehicle was towed for having a fictitious plate and being unregistered while parked on a public street. The plaintiff filed suit for damages against the defendant City of Linden, and the trial judge found in favor of the city. The Appellate Division affirmed the lower court.
Business – Breach of Contract
David Berkowitz vs. WP Fidelco LLC (Essex County and Statewide) – The appeal arose out of claims by the plaintiff David Berkowitz that his ownership interests in the defendant WP Fidelco LLC were diminished when, effective May 1, 2020, Fidelco adopted an amendment to its operating agreement without his consent. Berkowitz sued Fidelco, asserting breach of contract claims and seeking damages. He appealed from an order granting summary judgment to Fidelco and dismissing his complaint with prejudice. Berkowitz argueed that the trial court erred in interpreting the operating agreement and in determining that he was not disassociated from Fidelco. The Appellate Division affirmed the lower court.
Criminal – Post-Conviction Relief
State of New Jersey vs. Michael Williams (Camden County and Statewide) – The defendant Michael Williams appealed from the Law Division's order denying his petition for post-conviction relief without an evidentiary hearing. The defendant is serving a 68-year prison sentence following convictions for multiple counts of sexual assault, kidnapping and other offenses. The Appellate Division affirmed the lower court.
Criminal – Burglary
State of New Jersey vs. Troy D. Jones (Ocean County and Statewide) – Tried by a jury, the defendant Troy D. Jones was found guilty of third-degree burglary and third-degree theft. The state contended that defendant, a maintenance worker at an apartment complex, entered the victims' apartment unit and stole $4,300 in cash and an Apple Watch. Surveillance video footage showed a man, who was subsequently identified as defendant, parking a car at the relevant time in front of the apartment building, going inside, and emerging in about two minutes. The defendant contended he had been misidentified. After denying the defendant's motion for a new trial, the court imposed a sentence of three years of probation, subject to 364 days in the county jail. The court also ordered restitution. On direct appeal, the defendant raised several issues and sub-issues, several of which were not raised at trial: He contended that the trial court: (1) erred in deeming his previous convictions admissible for impeachment purposes; (2) improperly admitted body-worn camera footage, an audio portion of which revealed that a non-testifying neighbor had identified defendant as the thief; (3) erred in denying his motion for a Wade hearing to evaluate the victims' out-of-court identifications; (4) improperly allowed witnesses to narrate and comment on the videos and photographs admitted at trial and to make identifications based on them; (5) erroneously failed to instruct the jury on third-party guilt; and (6) should have conducted an ability-to-pay hearing before imposing restitution. The Appellate Division affirmed the lower court.
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