Reported Cases - Szaferman Lakind
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Reported Cases

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Macysyn v. Hensler, 329 N.J. Super. 476 (App. Div. 2000)

Arnold Lakind representing Kathryn Hensler

A little known provision of the workers compensation act imposes personal liability upon corporate officers “actively engaged” in the corporate business. Plaintiff worked for a local hardware retailer, where he sustained the loss of an eye due to an unfortunate accident. The hardware retailer, who had filed for bankruptcy, had no workers compensation insurance. The injured employee sued the corporate secretary, the divorced wife of the president of the now bankrupt corporation. The workers compensation court awarded a $90,000 judgment to the employee. We were retained to represent the wife on appeal. In a reported decision, the Appellate Division of the Superior Court ruled that the wife was not “actively engaged” in her husband’s business, vacated the judgment, and relieved our client of any liability.


State v. Stasio, 78 N.J. 467 (1979)

Arnold Lakind representing Thomas Stasio
Defendant, Thomas Stasio, was found guilty by a jury of assault with intent to rob and of assault while being armed with a dangerous weapon. An appeal followed to the Appellate Division which reversed, and certification was thereafter granted by the Supreme Court. Arnold Lakind was retained to represent the Department of Public Advocate. The Supreme Court agreed with the arguments we advanced and reversed Mr. Stasio’s conviction.


Matter of Critchlow, 201 N.J. Super. 371 (App. Div. 1985)

Arnold Lakind representing Francis Critchlow

The applicant, an employee of the Department of Corrections, had applied to participate in several promotional examinations. The Department of Personnel had approved his participation on two occasions, but twice revoked his eligibility to take the examination. Mr. Critchlow then appealed to the Appellate Division. We were retained by appellate and, at our request, the Appellate Division agreed with our argument and ordered that the matter be remanded for a full hearing.

Murphy v. Department of Civil Service, 155 N.J. Super. 491 (App. Div. 1978)

Arnold Lakind representing Department of Civil Service

A police officer, who had been suspended for 60 days and fined $600, sought to arbitrate the penalty. Once he lost the arbitration, the officer appealed to the Civil Service Commission, and the appeal was dismissed as untimely. The officer then appealed this dismissal to the Appellate Division. As a Deputy Attorney General, Arnold Lakind represented the Civil Service Commission on the appeal. The Appellate Division affirmed the decision of the Civil Service Commission and ruled that the appeal on behalf of the police officer was untimely.

Saletta v. Civil Service Commission, 148 N.J. Super. 451 (App. Div. 1977)
Arnold Lakind representing Civil Service Commission

Mr. Saletta appealed the final determination of the Civil Service Commission, which had refused to reopen a competitive employment list after it had expired. As a Deputy Attorney General, Arnold Lakind represented the Civil Service Commission. The Appellate Division upheld the Commission’s refusal to reopen the expired list.

Cipriano v. Department of Civil Service, 151 N.J. Super. 86 (App. Div. 1977)

Arnold Lakind representing Civil Service Commission

Here, Leonard Cipriano was working outside of this title of, “Operator, Refrigeration Services.” The Civil Service Commission voided the employee’s permanent status to this job title and the employee appealed, claiming that his performance was pursuant to an order of the Department of Labor and Industry. While serving as Deputy Attorney General, Arnold Lakind represented the Civil Service Commission. The Appellate Division affirmed the determination of the Civil Service Commission ruling that it could deny permanent status to Mr. Cipriano. list.


Atlantic City Electric Co. v. Bardin, 145 N.J. Super. 438 (App. Div. 1976)

Arnold Lakind representing the Natural Resource Council

Atlantic City Electric Company appealed a determination of the Natural Resource Council of the Division of Marine Services of the Department of Environmental Protection, which had refused to offer the company an irrevocable license to lay center water cable in tideland waters. The Company argued that the Council did not have the power to grant revocable licenses, the fees were arbitrary and capricious, and that the fees constituted a revenue-generating measure prohibited by statute. As a Deputy Attorney General, Arnold Lakind represented the Natural Resource Council whose decision to deny an irrevocable license was upheld by the Appellate Division.

Distributec, Inc. v. New Jersey Dept. of Environmental Protection and Energy, Div. of Coastal Resources,139 N.J. 431 (1995)

Arnold Lakind representing Delanco Land Partnership

Our client, Delanco Land Partnership, opposed the construction of a container port on adjoining property owned by Distributec, Inc. The Department of Environmental Protection had denied the application of Distributec to build the container port, finding Distributec’s proposal to be inconsistent with the Department’s regulatory port policies. We represented the Delanco Land Partnership, both before the Department and the Supreme Court of New Jersey, opposing the port development. The Supreme Court endorsed our client’s position and concluded that the proposed port development was inconsistent with Department of Environmental Protection waterfront development regulations.

State, Dept. of Environmental Protection v. Middlesex County Bd. of Chosen Freeholders, 206 N.J. Super. 414 (Ch. 1985)

Arnold Lakind representing Mercer County Bd. of Chosen Freeholders

In 1975, the New Jersey Legislature enacted amendments to the Solid Waste Management Act which eliminated the municipal role in solid waste planning and conferred authority upon individual counties to establish solid waste management plans. In addition, the amendments authorized the Department of Environmental Protection (DEP) to amend any county’s solid waste management plan to bring it into conformity with statewide regulations. In this case, however, instead of exercising its authority to amend, the DEP chose to sue several counties whose plans it considered to be deficient. We were retained to represent Mercer County. The Court held that the Department of Environmental Protection did not have authority to sue the County of Mercer to compel it to amend its solid waste management plan.

Midland Glass Co., Inc. v. Dept. Env. Prot. N.J.,136 N.J. Super. 194 (App. Div. 1975)

Arnold Lakind representing the Department of Environmental Protection

In this case, appeals were taken by a corporation from two administrative orders issued by the Department of Environmental Protection as a result of the corporation’s violations of the Air Pollution Control Code. Arnold Lakind, representing the Department of Environmental Protection, as its Deputy Attorney General, argued that the appeal was untimely. The Superior Court, Appellate Division, held that the 15-day time limitation, set forth in the Air Pollution Control Code, was mandatory and agreed, dismissing the appeal.


Seavey v. Long, 303 N.J. Super. 153 (App. Div. 1997)

Jeffrey Blumstein representing Nan Long

Our client’s husband died. As his widow, she was entitled to a widow’s benefit from the Police and Firemen’s Retirement System. However, the husband’s first wife obtained a Judgment from a trial court imposing a constructive trust on 70% of these statutory benefits in supposed satisfaction of the husband’s obligations to the first wife under a prior divorce judgment. We appealed on behalf of Nan Long to the Appellate Division. The Appellate Division agreed with our contention that these benefits vested solely in our client and could not be transferred as a matter of equity to the first wife no matter how fair or unfair the Court felt their relative financial positions were.


Eagle Group of Princeton v. Zoning Bd. of Adjustment of

Arnold Lakind representing Eagle Group of Princeton

A developer, who sought to build a convenience store on a corner of two busy roads in a residential zone, applied for a use variance. The Hamilton Township Board of Adjustment denied the application, and its decision was affirmed by the New Jersey Superior Court, Law Division. Plaintiff, represented by our firm, then appealed to the Superior Court, Appellate Division. The court reversed the Board’s determination, concluding that insofar as the residential zoning may have deprived the owner of all reasonable use of the property, he might be entitled to a use variance. The matter was remanded for future consideration.

Loveladies Property Owners Ass’n. v. Raab,137 N.J. Super. 179 (App. Div. 1975)

Arnold Lakind Representing the Commissioner of the Department of Environmental Protection

A Loveladies Property Owners Association brought an action, seeking a declaration that lands owned by a developer, Max Raab, were wetlands as well as an injunction to restrain the developer from filling the land. In addition, the Association sought an order to compel the Department of Environmental Protection to require the owner to cease filling the wetland and to restore it to its original condition. As a Deputy Attorney General, Arnold Lakind represented the Department of Environmental Protection. The Appellate Division affirmed dismissal of the Association’s lawsuit and held that the Department could not be compelled to take action against Mr. Raab.


Ayers v. Township of Jackson, 106 N.J. 557 (1987)

Arnold Lakind representing Resident Plaintiffs

Residents of Jackson Township, represented by our firm, filed a negligence, nuisance and civil rights action against the Township of Jackson growing out of the contamination of local water wells by a municipal landfill. Plaintiffs prevailed, recovering a $15.6 million verdict for emotional distress, property damage, decrease in the quality of their lives, and medical surveillance. The Supreme Court of New Jersey affirmed the bulk of the verdict and upheld, for the first time in New Jersey, the right to medical surveillance damages.


DeSapio Const., Inc. v. Township of Clinton and Scozzari Builders,276 N.J. Super. 216 (L. Div. 1994)

Jeffrey Blumstein representing Scozzari Builders, Inc

Our client was the second lowest bidder for a public construction contract advertised by the Township of Clinton. We asserted that the bid proposal from the lowest bidder was defective because it did not contain an appropriate consent of surety. The Township of Clinton accepted our objection and awarded the contract to our client. The low bidder brought an action in the Law Division challenging that decision. We successfully argued that the defect in the low bidder’s consent of surety was material and could not be waived. The award of the contract to our client was upheld.


DeSapio Const., Inc. v. Township of Clinton and Scozzari Builders,276 N.J. Super. 216 (L. Div. 1994)

Jeffrey Blumstein representing Scozzari Builders, Inc

Our client was the second lowest bidder for a public construction contract advertised by the Township of Clinton. We asserted that the bid proposal from the lowest bidder was defective because it did not contain an appropriate consent of surety. The Township of Clinton accepted our objection and awarded the contract to our client. The low bidder brought an action in the Law Division challenging that decision. We successfully argued that the defect in the low bidder’s consent of surety was material and could not be waived. The award of the contract to our client was upheld.


Continental Cas. Co. v. Knuckles, 142 N.J. Super. 162 (App. Div. 1976)

Jeffrey Blumstein representing the New Jersey Department of Labor & Industry

A challenge was brought to the New Jersey Department of Labor & Industry’s interpretation of the eligibility provisions of the Temporary Disability Law. Jeffrey Blumstein, representing the Department, as its Deputy Attorney General, argued that the eligibility provisions of the Temporary Disability Law had to be read in pari materia to similar provisions of the State Unemployment Compensation Law. The Superior Court, Appellate Division, agreed and affirmed the Department’s decision.

Caldwell v. Division of Unemployment and Disability Ins. of Dept. of State, 145 N.J. Super. 206 (App. Div. 1976)
Jeffrey Blumstein representing the New Jersey Department of Labor & Industry

An employee became unemployed and received unemployment compensation benefits. He later received an award of back pay covering the period of time when he had received benefits. The New Jersey Department of Labor and Industry ruled that the receipt of back pay rendered the individual retroactively ineligible for those benefits, which had to be repaid in full. This decision was appealed. While serving as Deputy Attorney General, Jeffrey Blumstein represented the Department of Labor & Industry. The Appellate Division affirmed and held that the receipt of back pay required the repayment of all benefits received during the period covered by the back pay award.

White v. Board of Review, Division of Employment Security, New Jersey Dept. of Labor and Industry, 146 N.J. Super. 268 (App. Div. 1977)
Jeffrey Blumstein representing the New Jersey Department of Labor & Industry

While an inmate at a state institution, White worked for a private employer under a work release program. A condition of her parole was that she move back to her home. She claimed that this made it difficult for her to continue her existing employment and quit. She applied for unemployment compensation benefits. Those benefits were denied. As Deputy Attorney General, Jeffrey Blumstein represented the New Jersey Department of Labor & Industry when this decision was appealed. The Appellate Division upheld the Department’s ruling that White was ineligible for benefits because her reason for leaving work was not attributable to the work itself.

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