Search Rutgers Law Library N.J. Court Opinions

1546 Gina Stelluti v. Casapenn Enterprises, LLC -- rank: 835

... and those who participate in some of those activities. See N.J.S.A. 5:13-1 to -11 (Ski Act); N.J.S.A. 5:14-1 to -7 (Roller Skating Rink Safety and Fair Liability Act); N.J.S.A. 5:15-1 to -12 (Equine Act). Although no such ... customers is governed by statute, not the common law. See N.J.S.A. 5:13-1 to -11 (ski statute); N.J.S.A. 5:14-1 to -7 (Roller Skating Rink Safety and Fair Liability Act); N.J.S.A. 5:15-1 to -12 (Equine Act). However, even ...

docket:	a-43-09
court:	supreme
decided:	2010-08-05
status:
citation:	203 N.J. 286 1 A.3d 678
Document Size:	174656

1547 In the Matter of the Liquidation of Integrity Insurance Company -- rank: 835

... distribution of an insolvent insurer’s liquidated estate pursuant to N.J.S.A. 17:30C-28(a)(1), which provides that “no ... into liquidation and appointed the Commissioner as Liquidator pursuant to N.J.S.A. 17:30C-9, to marshal Integrity’s assets and liquidate ... distribution of an insolvent insurer’s liquidated estate pursuant to N.J.S.A. 17:30C-28(a), and that the special master dispute ... claims) are not cognizable as “absolute” claims pursuant to N.J.S.A. 17:30C-28(a)(1) and thus cannot share in ... task in this appeal is to determine the meaning of N.J.S.A. 17:30C-28(a)(1). When the language is clear ... meaning is expressly indicated, be given their generally accepted meaning. N.J.S.A. 17:30C-28(a) provides that “no contingent ...

docket:	a-91-06
court:
decided:	0003-12-01
status:
citation:	*CITE_PENDING*
Document Size:	94037

1548 STATE IN THE INTEREST OF J.F A Juvenile -- rank: 835

... Michael Blee denying the State's application, filed pursuant to N.J.S.A. 2A:4A-26 and Rule 5:22-2, to waive ... intent of the Legislature's recent repeal and replacement of N.J.S.A. 2A:4A-26, 2 which excludes the possibility of waiver ... all juveniles whose unlawful behavior occurred before their fifteenth birthday. N.J.S.A. 2A:4A-26.1(c)(1). We therefore also affirm ... he were an adult would constitute first-degree purposeful murder, N.J.S.A. 2C:11-3(a)(1), second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1), second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b), 4 and second-degree possession ...

docket:	a0392-15
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	published
citation:	446 N.J.Super. 39 140 A.3d 564
Document Size:	69654

1549 NICKEMEA WHITFIELD v. BONANNO REAL ESTATE GROUP -- rank: 835

... in that partnership? We conclude that the immunity provided by N.J.S.A. 34:15-8 does not bar plaintiff's third-party ... TWF argued that it was immune from suit pursuant to N.J.S.A. 34:15-8 because "the immunities . . . that . . . the partner has ... the statutory framework of the Workers' Compensation Act (the WCA), N.J.S.A. 34:15-1 to -128. The WCA provides that "[w ... of his employment, . . . he shall receive compensation . . . from his employer." N.J.S.A. 34:15-1. 4 "When employer and employee . . . by agreement ... the employer without regard to the negligence of the employer." N.J.S.A. 34:15-7. As the Court recently explained: New Jersey ... rights to any other method, form or amount of compensation." N.J.S.A. 34:15-8. N.J.S.A. 34:15- ...

docket:	a2830-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-12
status:	published
citation:	419 N.J. Super. 547 17 A.3d 855
Document Size:	68642

1550 MICHAEL JACKSON, ET AL. VS. 319 PENN DEVELOPMENT, LLC., ET AL -- rank: 835

... and numerous variances under the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -136, to develop a mixed-use ... requirements for site plan approval; • Use variances, pursuant to N.J.S.A. 40:55D- 70(d), to permit residential development in the ... floors permitted, five floors proposed); • Bulk variances, pursuant to N.J.S.A. 40:55D- 70(c), for front yard setback on Columbia ... submit an affidavit of proof of service with the Board, N.J.S.A. 40:55D-12(i), which it did two days before ... and confirmed; notice by certified mail is 'complete upon mailing,' N.J.S.A. 40:55D-14; Szczesny, 71 N.J. Super. at 354 ... a zoning board hears 'applications for development,' including variance applications, N.J.S.A. 40:55D-3. N.J.S.A. 40:55D- ...

docket:	a1351-22
court:	appellate
decided:	2024-07-19
status:	Unpublished
citation:
Document Size:	48243

1551 /usr/local/share/www/libweb/collections/courts/appellate/a4562-18.opn.html -- rank: 835

... Yishay, filed motions for sanctions under the Frivolous Claims Act, N.J.S.A. 2A:15-59.1, and Rule 1:4-8, which ... LLC member to assert claims that belong to the LLC. N.J.S.A. 42:2C-67 to -68. In that respect, it is ... have been pursued in the form of derivative claims. Under N.J.S.A. 42:2C-67 an LLC member pursuing an individual claim ... § 7.01(d) (Am. Law Inst. 1992)). See also N.J.S.A. 42:2C- 68(a) (stating an LLC member 'may maintain ... the LLC, with exclusive authority to manage the LLC. See N.J.S.A. 42:2C-37(a) (stating an LLC is manager- managed ... its members. Rather, all such obligations were imposed upon John. N.J.S.A. 42:2C-39(i). Plaintiffs also had a shared ...

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1552 /usr/local/share/www/libweb/collections/courts/appellate/a1615-18.opn.html -- rank: 835

... an adult: second-degree sexual assault by force or coercion, N.J.S.A. 2C:14-2(c)(1), and first-degree endangering the ... welfare of a child through the possession of child pornography, N.J.S.A. 2C:24-4(b)(3). Based on our review of ... charged in a juvenile complaint with second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1), and third-degree criminal coercion, N.J.S.A. 2C:13-5.3 Greg was never advised of his ... welfare of a child through the possession of child pornography, N.J.S.A 2C:24-4(b)(3), and third-degree invasion of privacy, N.J.S.A. 2C:14- 9(b)(1). At trial, Ida detailed ...

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1553 DAMIEN ROSE BRUNO v. JEFFERSON STREET ASSOCIATES LLC -- rank: 835

... are immune from liability under the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3. However, the court denied ... identifying information. The judge found the claim was barred under N.J.S.A. 59:5-5, which provides public employees and entities with ... causes of action accruing on and after its effective date. N.J.S.A. 59:1-2; Velez, 180 N.J. at 289-90 ... to the public entity if it were a private person. [N.J.S.A. 59:2-1.] Furthermore, N.J.S.A. 59:2-3(a) states that 'a public entity is ... the exercise of judgment or discretion vested in the entity[.]' N.J.S.A. 59:2-3(d) provides, however, that '[n]othing ...

docket:	a0843-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-23
status:	Unpublished
citation:
Document Size:	61407

1554 LIBERTARIANS FOR TRANSPARENT GOVERNMENT, A NJ NONPROFIT CORPORATION v. THE OCEAN COUNTY PROSECUTOR'S OFFICE -- rank: 835

... its records custodian violated the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, by denying access to the ... date of separation and the reason therefor' as required by [ N.J.S.A.] 47:1A-10. 2. Any memorandum, letter, e-mail or ... of a public pension'' to which plaintiff was entitled under N.J.S.A. 47:1A-10. Following the filing of an answer by ... OF TERMINATION OR DISCIPLINE BECAUSE HE FAILED A DRUG TEST, [ N.J.S.A.] 47:1A-10 REQUIRES DISCLOSURE OF THAT FACT BECAUSE IT ... construed in favor of the public's right of access.' N.J.S.A. 47:1A-1. Government records are defined as any paper ... inter- agency or intra-agency advisory, consultative, or deliberative material. [N.J.S.A. 47:1A-1.1.] The right to access to ...

docket:	a1608-16
court:	NJ Superior Court Appellate Division
decided:	2018-01-05
status:	unpublished
citation:
Document Size:	77526

1555 JOHN M. HAMMER v. HAIR SYSTEMS INC. -- rank: 835

... his termination was improperly orchestrated by the majority shareholders. See N.J.S.A. 14A:12-7(1)(c). We include in the discussion ... the report he prepared for HSI before his employment began. N.J.S.A. 14A:12-7(1)(c) provides that minority shareholders of ... of a minority shareholder's employment may constitute oppression under N.J.S.A. 14A:12-7(1)(c), because a person who acquires ... HSI's directors, after Hammer was hired, constituted oppression under N.J.S.A. 14A:12-7(1)(c), including their use of corporate ... and costs under the OMS statute's fee-shifting provision. N.J.S.A. 14A:12-7(8)(d) provides that if, as here, the court finds that an action was maintainable under N.J.S.A. 14A:12-7(1)(c), it may award reasonable ...

docket:	a1475-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-05
status:	unpublished
citation:
Document Size:	76150

1556 IN THE MATTER OF REGISTRANT R.B. -- rank: 835

... the elements of the New Jersey luring a child statute, N.J.S.A. 2C:13-6, an enumerated offense under Megan's Law ... two substantive counts of endangering the welfare of a child, N.J.S.A. 2C:24-4b, and one count of possession of cocaine, N.J.S.A. 2C:35-10. In addition, E.F. was charged with a fifth count, child abuse in violation of N.J.S.A. 9:6-1 and -3. The drug count was no ... which constituted criminal offenses set forth in a state statute, N.J.S.A. 2C:14-1 et seq.," contrary to 18 U.S ... novo. Ibid. ����Effective October 31, 1994, M egan's Law, N.J.S.A. 2C:7-1 to -19, requires certain convicted sex ...

docket:	A0799-04
court:	NJ Superior Court Appellate Division
decided:	2005-04-15
status:	published
citation:
Document Size:	70859

1557 SOMNUK SUECHARON v. DIRECTOR, DIVISION OF TAXATION -- rank: 835

... the Director’s motion is to examine the applicable statutes. N.J.S.A. 54A:9-10(a), entitled “Appeal to tax court,” a provision of the Gross Income Tax Act, N.J.S.A. 54A:1-1 to 54A:10-12 , provides as follows ... The applicable provision of the Sales and Use Tax Act, N.J.S.A. 54:32B-1 to -29, also refers to the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 to :51-17 (renamed the State Uniform ... Uniform Procedure Law, R.S. 54:48-1 et seq. [ N.J.S.A. 54:32B-21(a).] The Litter Control Tax Act, N.J.S.A. 13:1E-99.1, provides that “[t]he ...

docket:	02857-02
court:
decided:	2002-11-04
status:
citation:	20 N.J. Tax 371
Document Size:	69897

1558 Maria Tartaglia v. UBS PaineWebber Incorporated -- rank: 835

... later, the Legislature enacted the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8, effectively creating a statutory cause ... of a CEPA complaint to be an election of remedies. N.J.S.A. 34:19-8; see, e.g. , Catalane v. Gilian Instrument ... could, pursuant to the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, and similar statutes, see Civil ... makes clear that common law rights are not extinguished, see N.J.S.A. 34:19-8 (waiver and election of remedies); Young , supra ... practical matter, serve to limit its availability. See, e.g. , N.J.S.A. 34:19-5 (imposing one year statute of limitations). In ... articulation of the basis for the common law remedy. Compare N.J.S.A. 34:19-3(c) (identifying basis for CEPA cause ...

docket:	a-107-06
court:
decided:	2008-12-16
status:
citation:	197 N.J. 81
Document Size:	146526

1559 /usr/local/share/www/libweb/collections/courts/appellate/006648-20.opn.html -- rank: 835

... defendant”) for the 2013 tax year was 57.61%. See N.J.S.A. 54:1 - 35 a(a). When the average ratio is ... county board of taxation; (3) [a] county or municipal official. N.J.S.A. 2B:13-2. An inuring compliance with filing requirements and ... App. Div. 1984), aff'd , 100 N.J. 418 (1985)). N.J.S.A. 54:3-21 prescribes the procedure for a “taxpayer� ... to institute a challenge to the local property tax assessment. N.J.S.A. 54:3-21, provides, in relevant part, that: [a] taxpayer ... the property subject to the appeal exceeds $1,000,000. [ N.J.S.A. 54:3-21.] However, it is well settled that an ... for filing a tax appeal “within the meaning of N.J.S.A. 54:3-21 because, as of such date, it ...

docket:	006648-20
court:	NJ Tax Court
decided:	2013-02-28
status:	unpublished
citation:
Document Size:	69371

1560 /usr/local/share/www/libweb/collections/courts/appellate/a2349-19.opn.html -- rank: 835

... for third-degree aggravated assault on a law enforcement officer, N.J.S.A. 2C:12-1(b)(5)(a) (count one); disorderly persons resisting arrest, N.J.S.A. 2C:29-2(a)(1), as a lesser included charge ... third-degree resisting arrest (count three); and second-degree eluding, N.J.S.A. 2C:29-2(b) (count four), arguing: POINT I THE ... motion and dismissed count two charging third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(7). 3 A-2349-19 whether ... facts most favorable to the State. Under the assault statute, N.J.S.A. 2C:12-1(b)(5)(a), the State had to ... to Cause or Purposely, Knowingly or Recklessly Causing Bodily Injury) ( N.J.S.A. 2C:12-1(b)(5)(a), (b), (c), (d), ( ...

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