Gary K. Wolinetz
How Judge Wolinetz rules, drawn from 8 signed orders. Every observation links to the order it came from.
About Judge Wolinetz
Gary K. Wolinetz has served as a New Jersey Superior Court judge in Middlesex County since 2017 and is designated its Complex Business Litigation Program judge. Before joining the bench, he practiced complex commercial litigation. He earned his undergraduate and law degrees from Rutgers University.
Judge Wolinetz's practices and standing orders
The court's website lists no individual practices or standing orders of Judge Wolinetz's own (checked October 11, 2026), so the court's local rules and general orders are the place to look (court page ↗).
Standing orders for every case in this court
Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 11, 2026).
How Judge Wolinetz decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Atlanta International Insurance v. Johnson & Johnson, Wolinetz rejected J&J's attack on the Ingham verdict after finding that J&J had litigated and lost that case.
“One thing is certain. J&J had its day in Court in the Ingham case. And J&J lost.”
In Magyar Bank v. Mauro Motors, the court declined to add a requirement to sell particular property to a settlement agreement that allowed payment by other means.
“[Defendants'] role is to enforce contracts... not write... new and improved contracts.”
In Ardito v. Emerald Investment, the Appellate Division held that Wolinetz correctly rejected the plaintiffs' expert's unsupported conclusion as a net opinion.
“Judge Wolinetz correctly rejected [plaintiffs' expert's] unsupported conclusion as a net opinion.”
Procedural preferences
In Cosmax v. Rosenbaum, Wolinetz warned counsel that citing close to 50 unpublished opinions was excessive under the state rule that such opinions are not precedent. He said citing a few key unpublished cases was acceptable.
“As counsel is aware, pursuant to R. 1:36-3, 'no unpublished opinion shall constitute precedent or be binding upon any court.' ... Citing a few key unpublished cases is fine. Citing close to 50 unpublished cases is not.”
In Atlanta International Insurance v. Johnson & Johnson, Wolinetz required each excess insurer to file its own summary judgment motion rather than rely on another insurer's submission.
“I regard this motion as too important to rely on a series of ‘me too’ submissions... I will require each Excess Insurer to file separate motions for summary judgment.”
In Bishop v. Public Storage, the trial court denied a mistrial over a photograph of a later ramp installation, finding that a curative instruction could address the prejudice. The Appellate Division later ordered a new trial.
“The trial court ultimately denied the motion for mistrial, concluding any potential prejudice could be remedied by a curative instruction.”
Cautions
In Bishop v. Public Storage, Wolinetz instructed the jury to disregard a photograph shown during trial and counsel's comments about it.
“You are to disregard plaintiff's use of the last photograph that he showed to you and specifically disregard any comments that he made to you regarding that photo. You are to strike them from your mind, from your consciousness. They do not exist.”
In Bishop v. Public Storage, the appellate court ordered a new trial after finding that the admitted evidence, taken together, could have misled the jury despite Wolinetz's curative instruction.
“The admitted evidence, individually and cumulatively, rose to the level of a miscarriage of justice warranting a new trial because it had the capacity to mislead the jury, despite the curative instruction given by the trial court.”
In Wellmann, Wolinetz allowed recording and representative attendance at a seven-year-old's medical examinations, finding the conditions appropriate in light of the child's age.
“In the exercise of this court's discretion, I find that the conditions proposed, as detailed above, are appropriate in this case considering her age.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“On that basis alone, J&J is not entitled to indemnification or insurance coverage arising out of the Ingham verdicts and partial summary judgment in favor of Travelers is granted.”
“Defendant moved for judgment notwithstanding the verdict (JNOV) or, in the alternative, a new trial. After a hearing, the trial court issued a written opinion denying defendant's motion on both grounds.”
“The trial court ultimately denied the motion for mistrial, concluding any potential prejudice could be remedied by a curative instruction.”
“In a thoughtful, comprehensive opinion, Judge Gary Wolinetz found defendants ‘failed to meet their explicit obligations under the terms of the Settlement Agreement,’ ... [the illness and storm damage] ‘did not constitute 'fraud or other compelling circumstances' needed to justify modifying the settlement agreement.’”
“Here, Judge Wolinetz found defendants' ‘time to sell [the property] ha[d] passed,’ as they failed to close ... prior to ... January 14, 2024... the judge opined the ‘prospective sale could fall through tomorrow.’”
“Accordingly, I am dismissing, without prejudice, the claims against Michael Rosenbaum and the Lard Defendants on this basis alone -- the lack of specificity in the pleaded fraud claims.”
“I believe the better course is to deny the motion on the fraud claims as to these defendants... so discovery may proceed... Finally, Dolleck's motion to dismiss based on the loan issue is DENIED, without prejudice.”
“Judge Gary K. Wolinetz granted defendants' motions for summary judgment and dismissed plaintiffs' cause of action as a matter of law in an order dated March 25, 2019.”
“The judge reached the same conclusion with respect to plaintiffs' legal malpractice claims against their closing attorney Simon.”
“Plaintiffs also appealed Judge Wolinetz's denial of their motion for reconsideration. However, our decision to uphold the judge's order granting defendants' motions for summary judgment renders this aspect of the appeal moot.”
“For the reasons that follow, the Movants' motion is DENIED, and the Wellmans' cross-motion is GRANTED.”
“In balancing the burdens on the Movants and their doctors to obtain an independent medical examination to mount an adequate defense, and the Movants' need for information, with the interests of Ryan, the court deems an unobtrusive recording and the presence of one of Ryan's parents... far outweighs the difficulties.”
“Judge Gary K. Wolinetz denied the motion in a cogent written opinion... we affirm the court's order, substantially for the reasons set forth in Judge Wolinetz's well-reasoned opinion.”
“The insurer, Universal, cannot take a right of subrogation from the insured, Laspada, that he never had. Summary judgment in favor of the Association and against Universal is GRANTED.”
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