Sunday, March 25, 2018
JAIME FRIEDMAN, ET AL. VS. TEODORO MARTINEZ, ET AL. VS. RUBEN SABILLON, ET AL. A-4896-15T1
JAIME FRIEDMAN, ET AL. VS. TEODORO MARTINEZ, ET AL. VS. RUBEN SABILLON, ET AL.
In reversing a partial summary judgment entered in defendants' favor, the court rejected the notion that plaintiffs – in alleging an invasion of their privacy in an office building's restroom – could only claim the presence of a hidden recording device by demonstrating their images were actually captured. In adhering to the general principles delineated in Soliman v. Kushner Cos., 433 N.J. Super. 153 (App. Div. 2013), the court concluded that an intrusion on seclusion occurs when a recording device is surreptitiously present notwithstanding whether the victim was ever recorded because the tort is intended to protect the victim's peace of mind and the comfort associated with the expectation of privacy.