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1081 JOHN W. HARDWICKE, JR., et al. v. AMERICAN BOYCHOIR SCHOOL, et al. -- rank: 841
... not asserted under New Jersey's Child Sexual Abuse Act, N.J.S.A. 2A:61B-1, and because a public school board and ... the case did not raise issues of charitable immunity. See N.J.S.A. 2A:53A-7.     In the present cases, like Frugis , plaintiffs ... against the school as barred by the Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11. Finally, the court dismissed a ... trigger the Act's extended accrual features set forth in N.J.S.A. 2A:61B-1b. This was so, the court held, because ... issue of the applicability of the Child Sexual Abuse Act, N.J.S.A. 2A:61B-1, enacted in 1992. That statute was drafted ... Act contains rape-shield See footnote 6 and confidentiality provisions, N.J.S.A. 2A:61B-1d to -1g, and in paragraph h, ...
docket: A2803-02
court: NJ Superior Court Appellate Division
decided: 2004-03-26
status: published
citation:
Document Size: 129401
1082 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 841
... offense of being a leader of a narcotics trafficking network, N.J.S.A. 2C:35-3; second-degree conspiracy to distribute heroin or cocaine, in a quantity of five ounces or greater, N.J.S.A. 2C:5-2; N.J.S.A. 2C:35-5(a)(1); N.J.S.A. 2C:35-5(b)(1); second-degree employing a juvenile in a drug distribution scheme, N.J.S.A. 2C:35-6; first-degree maintaining or operating a CDS production facility, N.J.S.A. 2C:35-4; third-degree possession of heroin in ...
docket: A1282-05
court: New Jersey Superior Court Appellate Division
decided: 2008-06-30
status: unpublished
citation:
Document Size: 135133
1083 HARRISON REDEVELOPMENT AGENCY v. ANTHONY J. DEROSE -- rank: 841
... body, pursuant to the Local Redevelopment and Housing Law ("LRHL"), N.J.S.A. 40A:12A-1 to -49, may still challenge, in full ... of the LRHL with those of the Eminent Domain Act, N.J.S.A. 20:3-1 to -50, and our Rules of Court ... qualified as an "area in need of redevelopment," pursuant to N.J.S.A. 40A:12A-6, on August 7, 1997. The notice was ... to Section 6 of the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. The purpose of the hearing ... the Gruel Report] is a redevelopment area in accordance with N.J.S.A. 40A:12A-5 and that it be approved as such ... meets the criteria for designation as a 'redevelopment area' under N.J.S.A 40:12A-5." Relying upon the findings in the ...
docket: A0958-06
court: NJ Superior Court Appellate Division
decided: 2008-02-25
status: published
citation:
Document Size: 205496
1084 GLOBE MOTOR COMPANY v. ILYA IGDALEV -- rank: 841
... no reason to doubt the efficacy of the negotiable instruments, N.J.S.A. 12A:3-104(c), or know the money tendered actually ... banks' funds, again a mode implying security of the payment. N.J.S.A. 12A:3-104(g). However, even a cashier's check ... Article 3 of the Uniform Commercial Code (UCC), codified as N.J.S.A. 12A:3-101 to -605. A "holder in due course ... or claim to it on the part of any person. N.J.S.A. 12A:3-302(a)(2). Our assessment that defendants are ... of the instrument were taken in payment of the obligation." N.J.S.A. 12A:3-310(a). Moreover, Margolis accepted the checks notwithstanding ... of the instrument were taken in payment of the obligation." N.J.S.A. 12A:3-310(a). However, if legal defenses defeat ...
docket: a0897-12
court: NJ Superior Court Appellate Division
decided: 2014-08-07
status: published
citation: 436 N.J.Super. 594 95 A.3d 791
Document Size: 82946
1085 R.A. v. WEST ESSEX REGIONAL SCHOOL DISTRICT BOARD OF EDUCATION -- rank: 841
... the requirements of the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3. In denying defendants' motion ... c)(12); R. 1:38-3(d)(12); see also N.J.S.A. 2A:61B- 1(f)(1). We also use initials to ... juvenile at the time the offenses were allegedly committed. See N.J.S.A. 2A:61B-1(f)(1). A-0329-19 3 Bullying Act), N.J.S.A. 18A:37-13 to -37, should be dismissed because the ... are public entities within the meaning of the TCA. See N.J.S.A. 59:1-3. The District includes West Essex Middle School ... sexual harassment under the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -50 (Count Four); and violating ...
docket: a0329-19
court: NJ Superior Court Appellate Division
decided: 2020-10-01
status: Unpublished
citation:
Document Size: 84050
1086 STATE OF NEW JERSEY , v. ANDRES I. CHAVARRIA -- rank: 841
... suspension or revocation for a second or subsequent violation of N.J.S.A. 39:4-50, driving while under the influence (DUI), or N.J.S.A. 39:4-50.4a, refusal to provide a breath sample. N.J.S.A. 2C:40-26(b). Defendant also pleaded guilty to DUI ... as a condition of probation for defendant's convictions under N.J.S.A. 2C:40-26(b). The court also imposed a 180 ... our consideration: THE SENTENCES IMPOSED UPON DEFENDANT ARE ILLEGAL, AS [ N.J.S.A.] 2C:40-26 REQUIRES A SENTENCE OF IMPRISONMENT, PROBATIONARY SENTENCES ... In the first instance, defendant notes that a conviction under N.J.S.A. 2C:40-26 requires imposition of a 'term of ...
docket: a4473-18
court: NJ Superior Court Appellate Division
decided: 2020-06-04
status: Published
citation:
Document Size: 60650
1087 STATE OF NEW JERSEY v. DEWAN DENNIS -- rank: 841
... defendants Kevin Barnes and Dewan Dennis were convicted of conspiracy, N.J.S.A. 2C:5-2; three counts of first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (2), and N.J.S.A. 2C:2-6; five counts of second-degree aggravated arson, N.J.S.A. 2C:17-1(a)(1) and N.J.S.A. 2C:2-6; second-degree aggravated arson, N.J.S.A. 2C:17-1(a)(2) and N.J.S. ...
docket: a1055-07
court: New Jersey Superior Court Appellate Division
decided: 2005-05-05
status: Published
citation:
Document Size: 100692
1088 DOBCO, INC v. BERGEN COUNTY IMPROVEMENT AUTHORITY -- rank: 841
... A.D. Pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 to -89 (the LRHL), a municipality may ... authorize another public body to act as the 'redevelopment entity.' N.J.S.A. 40A:12A-4(c); see also N.J.S.A. 40A:12A-3 (defining '[r]edevelopment entity' as 'an entity ... authorized by the governing body of a municipality pursuant to [N.J.S.A. 40A:12A-4] to implement redevelopment plans and carry out ... improvement authority organized pursuant to the County Improvement Authorities Law, N.J.S.A. 40:37A-44 to -135 (the CIAL), may serve as ... 2201-20 2 designated redevelopment entity pursuant to the LRHL. N.J.S.A. 40A:12A- 4(c). When the LRHL was enacted ...
docket: a2201-20
court: NJ Superior Court Appellate Division
decided: 2021-07-08
status: Published
citation:
Document Size: 64119
1089 DIVISION OF YOUTH AND FAMILY SERVICES v. A.E.M IN THE MATTER OF THE GUARDIANSHIP OF I.M.M -- rank: 841
... statutes governing the wel­fare of children. See, e.g. , N.J.S.A. 9:6B-4 (stating that a child has the right ... by a client in cri­sis, and not available elsewhere"); N .J.S.A. 30:4C-11.1 ("[T]he [D]ivision shall make ... return to his home."). The Division did not comply with N.J.S.A. 30:4C-11.1, but defendant's initial protestationsthat psychological ... N.J. at 607. The G.L. Court noted that N.J.S.A. 30:4C-15.1 would not mandate the end of ... time period. The Dodd Act, as amended, is found at N.J.S.A. 9:6-8.21 to -8.82. A Dodd notice ...
docket: a2753-07
court: NJ Superior Court Appellate Division
decided: 2009-03-17
status: unpublished
citation:
Document Size: 160852
1090 CITY OF LONG BRANCH v. LOUIS THOMAS ANZALONE -- rank: 841
... the City, appointing condemnation commissioners. The City found, pursuant to N.J.S.A. 40A:12A-5(a), (c), (d) and (e), that the ... the purpose of redevelopment. Gallenthin involved only a finding under N.J.S.A. 40A:12A-5(e), but in our view its analysis ... that basis, the study concluded that Oceanfront North satisfied the N.J.S.A. 40A:12A-5(a) redevelopment criterion that "[t]he generality ... extensiveness of vacant land was consistent with the criterion in N.J.S.A. 40A:12A-5(c) that land be unamenable to private ... the property's remoteness, topography, or soil conditions. For the N.J.S.A. 40A:12A-5(d) criterion of conditions that are "detrimental ... way caused by them. The final statutory criterion was in N.J.S.A. 40A:12A-5(e), a growing or total lack ...
docket: a0191-06
court: New Jersey Superior Court Appellate Division
decided: 2008-08-07
status: unpublished
citation:
Document Size: 157369
1091 STATE OF NEW JERSEY V. EILEEN PIERCE -- rank: 841
... for operating the vehicle while his license is suspended. See N.J.S.A. 39:3-40. The State supports the validity of the ... impose limitations on police authority to arrest for such offenses). N.J.S.A. 39:5-25 provides:          Any constable, sheriff's officer, police ... herein provided, serve upon him a summons. [Footnotes omitted.]     Although N.J.S.A. 39:5-25 authorizes both issuance of a summons and ... not equipped with adequate license-plate illumination, in violation of N.J.S.A. 39:3-61, or who failed to signal for a ... for the last 100 feet before the turn, contrary to N.J.S.A. 39:4-126, or who parked within fifty feet of a stop sign, a violation of N.J.S.A. 4-138h. Our common experience informs us that arrests ...
docket: a-19-93
court: njsupreme
decided: 1994-06-15
status:
citation: 136 N.J. 184
Document Size: 117446
1092 /usr/local/share/www/libweb/collections/courts/tax/13203-13opn.opn.html -- rank: 841
... 2013 tax year application for local property tax exemption under N.J.S.A. 54:4-3.6. Conversely, defendant charges that the denial ... the property failed to satisfy the criteria for exemption under N.J.S.A. 54:4-3.6, and seeks partial dismissal of plaintiffâ ... local property tax exemption for the 2013 tax year under N.J.S.A. 54:4-3.6. Therefore, the court denies plaintiff’s ... subject property exempt from local property tax for 2013, under N.J.S.A. 54:4-3.6. Plaintiff’s motion is premised on ... date satisfies the criteria for local property tax exemption under N.J.S.A. 54:4- 3 Defendant did not levy an added assessment ... bearing on the criteria for local property tax exemption under N.J.S.A. 54:4-3.6. Plaintiff relies on the holding ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 61148
1093 STATE OF NEW JERSEY v. ANNA N. TALIAFERRO -- rank: 841
... a jury found her guilty of second-degree official misconduct, N.J.S.A. 2C:30-2; second-degree pattern of official misconduct, N.J.S.A. 2C:30-7(a); second-degree theft by deception, N.J.S.A. 2C:20-4; third-degree tampering with public records or information, N.J.S.A. 2C:28-7; third-degree forgery, N.J.S.A. 2C:22-1; and second-degree misconduct by a corporate official, N.J.S.A. 2C:21-9(c). We affirm the conviction, however, ...
docket: a5494-13
court: NJ Superior Court Appellate Division
decided: 2017-05-10
status: unpublished
citation:
Document Size: 73022
1094 COMMITTEE FOR A BETTER TWIN RIVERS, DIANNE MCCARTHY, HAIM BAR-AKIVA et al. v. and BRUCE FRITZGES -- rank: 841
... Planned Real Estate Development Full Disclosure Act], as codified in N.J.S.A. 45:22A-43 to -48, apply to Twin Rivers; and ... overturning convictions for criminal trespass under the predecessor statute of N.J.S.A. 2C:18-3, the court distinguished regulations of commercial speech ... that dispositions in these developments be regulated by the State[.]" N.J.S.A. 45:22A-22. Under PREDFDA, planned developments must register with ... Community Affairs and provide a public offering statement to purchasers. N.J.S.A. 45:22A-26. PREDFDA requires the existence of an association ... them as fiduciaries, to manage the common elements and facilities. N.J.S.A. 45:22A-44 and -45. The Act does not address ... address whether TRHA is subject to any part of [PREDFDA]. N.J.S.A. 45:22A-21 et seq. " As the motion judge ...
docket: A4047-03
court: NJ Superior Court Appellate Division
decided: 2006-02-07
status: published
citation:
Document Size: 158861
1095 1FRIENDSHIP, INC v. TOWNSHIP OF NEW HANOVER -- rank: 841
... permit was granted pursuant to the Water Pollution Control Act, N.J.S.A. 58:10A-1 to -43, and the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 to -68. The permit granted permission to ... attorney's fees under the New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2. The parties cross-moved for ... plan, where granted to it by the municipal governing body. N.J.S.A. 40:55D-37a. The Board, not the Board's attorney ... 171 (1973)). Defendants cite to the Municipal Land Use Law, N.J.S.A. 40:55D-1 to -163 (MLUL) — specifically N.J.S.A. 40:55D-53 — for the proposition that the ...
docket: a0592-10
court: NJ Superior Court Appellate Division
decided: 2012-03-07
status: unpublished
citation:
Document Size: 113285
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