Justia Construction Law Opinion SummariesArticles Posted in Supreme Court of New Jersey
New Jersey v. Hyland
On a night in March 2016, defendant Susan Hyland was driving an automobile, and struck and killed sixteen-year-old Q.T., then fled the scene. She was indicted on three counts. The Prosecutor’s Office recommended against defendant’s admission into Drug Court because defendant left the scene of a fatal accident and failed to help Q.T., she was not the type of non-violent offender intended for Drug Court and would be a “danger to the community.” Defendant pled guilty to all three charges in the indictment. The trial judge analyzed the factors required to impose a drug court sentence, found defendant was likely to respond affirmatively to Drug Court probation, and sentenced her to concurrent five-year special probation Drug Court terms. The State appealed. The Appellate Division found no neither an illegal sentence nor statutory authorization, and dismissed the appeal for lack of jurisdiction. The New Jersey Supreme Court concluded the State may appeal a Drug Court sentence only when the sentencing judge makes a plainly mistaken, non-discretionary, non-factual finding under N.J.S.A. 2C:35-14(a). Because application of N.J.S.A. 2C:35-14(a)(9) required fact-finding and an exercise of the sentencing judge’s discretion, a sentence based on application of that factor was not appealable as an illegal sentence. View "New Jersey v. Hyland" on Justia Law
New Jersey v. Bull
In 1991 and 1992, defendant Rodney Bull was sentenced to two extended-term sentences, the second of which was imposed for crimes that occurred before defendant’s first sentencing took place. In 2012, the New Jersey Supreme Court held that the plain language of N.J.S.A.2C:44-5(b)(1) prohibited the imposition of a second discretionary extended-term sentence for an offense committed before entry of the first extended-term sentence. There is no question that defendant’s second extended-term sentence would have been illegal under “New Jersey v. Hudson,” (209 N.J.513 (2012)). The question this case presented for the Court’s review was whether “Hudson” should be applied retroactively. The Court found “Hudson” : “illuminated a longstanding rule of law rather than announce[d] a new one.” The Court affirmed the Appellate Division’s determination that “Hudson” applied retroactively. Defendant’s second extended-term sentence was remanded for re-sentencing. View "New Jersey v. Bull" on Justia Law
CypressPoint Condominium Association, Inc. v. Adria Towers, L.L.C., et al.
This dispute arose from the construction of Cypress Point, a luxury condominium complex in Hoboken. Co-defendants Adria Towers, LLC, Metro Homes, LLC, and Commerce Construction Management, LLC (collectively, the developer) served as the project's developer and general contractor, and subcontractors carried out most of the work. During construction, the developer obtained four CGL policies from Evanston Insurance Company, covering a four-year period, and three from Crum & Forster Specialty Insurance Company, covering a subsequent three-year period (collectively, the policies). In this appeal, issue before the Supreme Court was whether rain water damage caused by a subcontractor's faulty workmanship constituted property damage and an occurrence under the developer's commercial general liability (CGL) insurance policy. In a published decision, the Appellate Division reversed, holding that, under the plain language of the CGL policies, the unintended and unexpected consequential damages caused by the subcontractors faulty workmanship constituted property damage and an occurrence. The Supreme Court agreed and affirmed, finding that the consequential damages caused by the subcontractors faulty workmanship constituted property damage, and the event resulting in that damage water from rain flowing into the interior of the property due to the subcontractors faulty workmanship was an occurrence under the plain language of the CGL policies at issue here. View "CypressPoint Condominium Association, Inc. v. Adria Towers, L.L.C., et al." on Justia Law