Attorney Thomas T Kim's Legal Cases

Insurance

Greenidge v. NJM, et al. (Docket No. A-0602-19T3)

Nov 16, 2020

OUTCOME: Reversed and remanded in favor of the Appellant

Our firm represented the Plaintiff-Appellant in the matter before the Appellate Division. This case involves litigation commencing after the settlement of a personal injury lawsuit. Plaintiff appeal ... s from a September 27, 2019 order granting defendant New Jersey Manufacturers Insurance Company's (NJM) motion for reconsideration and dismissing her complaint with prejudice. Defendant failed to make a proper motion to dismiss the complaint for failure to state a claim—as the Rules of Court require—and cannot do so informally in a brief supporting a motion for reconsideration; the judge failed to state findings of fact or conclusions of law; and plaintiff was not given the opportunity for oral argument. We therefore reverse and remand to allow defendant to file a motion anew. Outcome: The Court held that the trial judge abused her discretion by failing to provide findings of fact or conclusions of law, as required by Rule 1:7-4(a). The link to the Per Curium opinion can be accessed here: https://njcourts.gov/attorneys/assets/opinions/appellate/unpublished/a0602-19.pdf

Estate planning

In the Matter of the Estate of Owens (Docket No. A-3708-18T1)

Mar 10, 2020

OUTCOME: The matter was affirmed in favor of the Respondent-Petitioners.

Our office represented the Respondent-Petitioners on an Appeal before the Appellate Division. This matter, originally arising out of the Chancery Division, Probate Part. was taken up on appeal. The iss ... ue was whether the enforceablity of a handwritten agreement prepared by the mediator that purported to memorialize the parties' intent and understanding at the conclusion of the mediation. The Appellate Division held that the issue was one for the trial court to resolve as a matter of law, and it did so correctly. Thus, the Appellate Division concluded the trial court did not mistakenly exercise its discretion by denying defendant's motion for reconsideration. It was affirmed in favor of the Respondent-Petitioners. The link to the Per Curium opinion can be accessed here: https://law.justia.com/cases/new-jersey/appellate-division-unpublished/2020/a3708-18.html

Family

S.A. v. R.F. (Docket No.: A-2443-15T4)

Jun 27, 2017

OUTCOME: The matter was affirmed in favor of the Appellant-Plaintiff.

Our office represented the Appellant-Plaintiff on an Appeal before the Appellate Division. The issue was whether the trial court erred in denying relief, sought by way of Motion for Reconsideration, to ... vacate the portion of the parties' Judgement of Divorce ("JOD"). The Appellate Division held that the trial court's decision to deny defendant's Motion for Reconsideration and enforce the JOD is supported by the record and consistent with applicable legal principles. Here's the link to the Per Curium opinion: http://www.njcourts.gov/attorneys/assets/opinions/appellate/unpublished/a2443-15.pdf

Thomas T Kim's Legal Cases (3)

Greenidge v. NJM, et al. (Docket No. A-0602-19T3)

In the Matter of the Estate of Owens (Docket No. A-3708-18T1)

S.A. v. R.F. (Docket No.: A-2443-15T4)