Search Rutgers Law Library N.J. Court Opinions

1726 IN THE MATTER TRUST CREATED BY AGREEMENT DATED DECEMBER 20, 1961, by and between JOHN SEWARD JOHNSON, GRANTOR, and PHILIP B. HOFFMAN, GUSTAV O. LIENHARD and KENNETH PERRY, TRUSTEES -- rank: 833

... are permitted by statute. R. 4:42-9(a)(8). N.J.S.A. 3B:14-23( 1 ) authorizes trustees to "employ and compensate ...

docket:	A1785-03
court:	NJ Superior Court Appellate Division
decided:	2006-08-17
status:	unpublished
citation:
Document Size:	136398

1727 /usr/local/share/www/libweb/collections/courts/tax/18815-12.opn.html -- rank: 833

... seeking a refund of taxes paid by mistake pursuant to N.J.S.A. 54:4-54. For the reasons set forth herein, the ... Floral filed the present litigation to obtain a refund under N.J.S.A. 54:4-54. 3 In June 2013 , Hanover Floral stopped ... 3 to the Tax Court of New Jersey pursuant to N.J.S.A. 2B:13-2(b), and R. 4:3-4(a ... property of another by “mistake,” as defined under N.J.S.A. 54:4-54; (2) a refund is mandatory or permissive under N.J.S.A. 54:4-54; and (3) the Township must refund taxes ... property of another by “mistake,” as defined by N.J.S.A. 54:4-54; (2) a refund is mandatory under ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	100007

1728 STATE OF NEW JERSEY v. FUQUAN K. KNIGHT -- rank: 833

... parole ineligibility period under the No Early Release Act ('NERA'), N.J.S.A. 2C:43-7.2. Defendants raise substantially overlapping issues on ... counts: (1) second-degree conspiracy to commit robbery against Osbourne, N.J.S.A. 2C:5-2(a)(1); (2) first-degree armed robbery, N.J.S.A. 2C:15-1; (3) third-degree unlawful possession of a shotgun, N.J.S.A. 2C:39-5(c)(1); and (4) second-degree possession of a shotgun for an unlawful purpose, N.J.S.A. 2C:39- A-0377-20 11 4(a). Shaquan was ... second-degree conspiracy to commit a robbery or bodily injury, N.J.S.A. 2C:5- 2(a)(1), 2C:15-1(a)( ...

docket:	a0377-20
court:	NJ Superior Court Appellate Division
decided:	2023-12-21
status:	Published
citation:
Document Size:	101428

1729 IN THE MATTER PETITION OF ADAMAR OF NEW JERSEY -- rank: 833

... qualification as a holding company for Tropicana AC pursuant to N.J.S.A. 5:12-95.12 to -95.16. Tropicana submitted additional petitions seeking declaratory rulings on certain provisions of N.J.S.A. 5:12-82d and specific debt transactions, and for the ... of Fred Buro as a key casino employee pursuant to N.J.S.A. 5:12-89e. Tropicana also sought permission from the Commission ... 1977, the Legislature enacted the Casino Control Act (the Act), N.J.S.A. 5:12-1 to -152, which legalized casino gambling and ... N.J., Inc. , 155 N.J. 245 , 255 (1998) (citing N.J.S.A. 5:12-63, while DGE conducts investigations and prosecutions under N.J.S.A. 5:12-76. Campione , supra , 155 N.J. at ...

docket:	A1727-07
court:	NJ Superior Court Appellate Division
decided:	2008-07-01
status:	published
citation:	401 N.J.Super. 247 950 A.2d 231
Document Size:	87325

1730 State in the Interest of E.S. -- rank: 833

... Two weeks later, the State filed a motion pursuant to N.J.S.A. 2A:4A-26.1 to waive juvenile court jurisdiction and ... 1. The Court reviews in detail the waiver process under N.J.S.A. 2A:4A-26.1 and notes that there are fundamental ... delinquent act of possessing a firearm under circumstances that satisfied N.J.S.A. 2A:4A-26.1(c)(2)(j). Probable cause is ... Two weeks later, the State filed a motion pursuant to N.J.S.A. 2A:4A-26.1 to waive juvenile court jurisdiction and ... of discretion. The waiver statute provides for reverse waiver, see N.J.S.A. 2A:4A-26.1(f), and the Appellate Division’s ... certain serious offenses” through the waiver process set forth in N.J.S.A. 2A:4A-26.1. See State in Int. of ...

docket:	a-41-42-21
court:	NJ Superior Court Appellate Division
decided:	2022-11-22
status:
citation:
Document Size:	45505

1731 STATE OF NEW JERSEY v. DONALD BURRIS -- rank: 833

... evidence could establish the affirmative defense of involuntary intoxication under N.J.S.A. 2C:2-8. In support of his claims, defendant submitted ... evidence would provide a basis for an involuntary intoxication defense. N.J.S.A. 2C:2- 8(d) provides that '[i]ntoxication which (1 ... Jury Charges (Criminal), 'Murder, Passion/Provocation ad Aggravated Reckless Manslaughter ( N.J.S.A. 2C:11-3(a)(1) and (2); 2C:11-4 ...

docket:	a2460-19
court:	NJ Superior Court Appellate Division
decided:	2023-01-30
status:	Unpublished
citation:
Document Size:	131106

1732 CAMPO JERSEY, INC. v. DIRECTOR, DIVISION OF TAXATION -- rank: 833

... to sales tax under the Sales and Use Tax Act, N.J.S.A. 54:32B-1 to -29 (the “Act”). Specifically, plaintiff ... premises,” and that its sales are not taxable under N.J.S.A. 54:32B-3(c)(1), pertaining to sales of food ... consumption off the premises of the vendor set forth in N.J.S.A. 54:32B-3(c)(3). For the following reasons, I ... computed through August 20, 2002) and an amnesty penalty, see N.J.S.A. 54:53-18(b), the liabilities in issue total $171 ... of New Jersey and managed by the Authority. But see N.J.S.A. 5:10-6(a)(1), authorizing the Authority “[t ... reconstruct, restore, improve and otherwise effectuate” the project defined by N.J.S.A. 5:10-3(d) as the Meadowlands complex (emphasis ...

docket:	05483-02
court:
decided:	2005-05-10
status:
citation:	22 N.J. Tax 251
Document Size:	79813

1733 JOHN DOE v. The Estate of C.V.O., JR. -- rank: 833

... confidentiality of these proceedings. R. 1:38- 3(c)(9); N.J.S.A. 2A:61B-1(f)(1). Thomas J. Coffey and Alison ... 2021, plaintiff John Doe filed Child Sexual Abuse Act (CSAA), N.J.S.A. 2A:61B-1, and common law negligence, gross negligence, and ... barred claims for sexual crimes committed against them while minors. N.J.S.A. 2A:14-2b. The second enacted statute of limitations expanded ... date of reasonable discovery of the injury . . . whichever is later.' N.J.S.A. 2A:14-2a. The statutes similarly provide for actions at ... sexual act . . ., or sexual abuse as defined in [the CSAA].' N.J.S.A. 2A:14-2a; N.J.S.A. 2A:14-2b. The CVA also supplemented the CSAA ...

docket:	a2780-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-12
status:	Published
citation:
Document Size:	44516

1734 DELOIS TURNER v. NANCY WONG, Individually et al. -- rank: 833

... in violation of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, and 42 U.S.C ... was charged with theft of a donut in violation of N.J.S.A. 10:5-4 and 42 U.S.C.A. �1981 ... complaint, plaintiff also belatedly asserted a civil bias claim under N.J.S.A. 2A:53A-21. ����After completion of discovery, defendants moved for ... for purposes of 42 U.S.C.A. � 1981 and N.J.S.A. 10:5-4. During oral argument on the summary judgment ... dismissal of plaintiff's public accommodation claims under both State, N.J.S.A. 10:5-4 guarantees all persons "the opportunity . . . to obtain ... discrimination on the basis of, among other things, race. Further, N.J.S.A. 10:5-12 not only prohibits the owner or ...

docket:	a4889-01
court:	njappellate
decided:	2003-10-02
status:	published
citation:	363 N.J. Super. 186
Document Size:	65020

1735 STATE OF NEW JERSEY VS JEFFREY DISHON -- rank: 833

... defendant was charged with first-degree purposeful or knowing murder, N.J.S.A. 2C:20-3a. He was tried by a jury and ... was fully explored. ����The procedure followed by the judge violated N.J.S.A. 2A:78-4, now repealed, which provided in pertinent part ... 180 N.J. Super. 564, 566-68 (App. Div. 1981) ( N.J.S.A. 2A:74-1, which defines the manner for impanelling a ... Constitutions, it is nevertheless a "substantial right" provided by statute, N.J.S.A. 2B:23-13b and court rule, R. 1:8-3 ... participate at" the bench examination of prospective jurors). Footnote: 8 N.J.S.A. 2A:78-4 was repealed subsequent to defendant's trial ... 1. The new statute, which was enacted in its place, N.J.S.A. 2B:23-10a, contains substantially similar language. Footnote: 9 ...

docket:	a0744-92
court:	njappellate
decided:	1997-02-06
status:	published
citation:	297 N.J.Super. 254
Document Size:	87810

1736 COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO v. DAVID ROUSSEAU -- rank: 833

... valid subject to the standard of care set forth in N.J.S.A. 52:18A-89b. The Division is an agency within the Department of Treasury, N.J.S.A. 52:18A-79, that manages State-employee pension funds, N.J.S.A. 52:18A-88.1, in accordance with policies and procedures established by the Securities Investment Council (SIC), N.J.S.A. 52:18A-91. The Director has the "authority to invest ... acquire [assets] for or on behalf of" the pension funds, N.J.S.A. 52:18A-88.1, and "to sell or exchange any such investments." N.J.S.A. 52:18A-89a. In August 2004, the SIC issued ...

docket:	a5198-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-08-22
status:	Published
citation:
Document Size:	74500

1737 Oliver v. Ambrose -- rank: 833

... claims were barred by the applicable statute of limitations. See N.J.S.A. 2A:14-2. ����The trial court reserved on the entire ... doctrine issue, but ordered a plenary � Lopez � hearing, pursuant to N.J.S.A. 2A:14-2, to determine when the statute of limitations ... fitness as parents and the safety of the child. See N.J.S.A. 9:2-4. In making a custody determination, among the ... to the Prevention of Domestic Violence Act ("Domestic Violence Act"), N.J.S.A. 2C:25-17 to -33. After the wife had instituted ... violence the maximum protection from abuse the law can provide. [ N.J.S.A. 2C:25-18 (emphasis added).] ����Moreover, the Legislature specifically directed ...

docket:	a-33-97
court:	njsupreme
decided:	1998-02-05
status:
citation:	152 N.J. 383
Document Size:	84434

1738 SUZANNE K. OGBORNE v. CITY OF TRENTON -- rank: 833

... suffering damages under the New Jersey Tort Claims Act (Act), N.J.S.A. 59:9-2d, and from the denial of its motion ... injuries were sufficient to recover pain and suffering damages under N.J.S.A. 59:9-2d. However, the judge denied plaintiff's motion ... FOR DANGEROUS CONDITIONS OF PUBLIC PROPERTY UNDER THE GOVERNING STANDARD, N.J.S.A. 59:4-1, ET SEQ. POINT III . THE TRIAL COURT ... FAILURE TO PROVE LIABIL[IT]Y AGAINST THE DEFENDANT UNDER N.J.S.A. 59:4-1 ET SEQ. AND HER FAILURE TO MEET THE REQUIREMENTS FOR PAIN AND SUFFERING DAMAGES UNDER N.J.S.A. 59:9-2[d]. POINT V . THE JURY'S VERDICT ... a public entity for a dangerous condition of its property, N.J.S.A. 59:4-2. The City asserts that summary judgment ...

docket:	A1729-05
court:	NJ Superior Court Appellate Division
decided:	2007-06-06
status:	unpublished
citation:
Document Size:	99416

1739 COUNTY OF ESSEX v. DEPARTMENT OF LAW AND PUBLIC SAFETY - -- rank: 833

... name does not appear in the record. 3 Pursuant to N.J.S.A. 40A:14-147, no officer may be removed from his ... not an action filed pursuant to the Tort Claims Act, [ N.J.S.A. 59:1-1 to -12.3 (TCA),] or 42 U ... devoid of any details regarding the previous request. 7 Compare N.J.S.A. 59:10A-1 (imposing a legal duty to represent State employees), with N.J.S.A. 59:10A-3 (imposing discretion to represent State employees if ... including the State's obligation to defend and indemnify, see N.J.S.A. 59:10-1 to l0A, is triggered in the first ... TCA, namely the State's obligations to defend and indemnify, N.J.S.A. 59:10-1 to 10A-6, applies at all. . . . ...

docket:	a0725-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-11
status:	Unpublished
citation:
Document Size:	43001

1740 JAN SCHADRACK v. K.P. BURKE BUILDER, LLC. -- rank: 833

... Division's application of the Construction Lien Law ("the CLL"), N.J.S.A. 2A:44A-1 to -38, to two contractors who each ... Right to File Lien" ("NUB"), pursuant to the CLL, see N.J.S.A. 2A:44A-20 and -21, in the amount of $128 ... County Clerk. However, a demand for arbitration, as prescribed by N.J.S.A. 2A:44A-21(b)(3), did not accompany Burke's ... challenge an arbitrator's award made under the statute. See N.J.S.A. 2A:44A-21(b)(10). On April 12, LED filed ... not governed by the CLL's strict compliance provision, see N.J.S.A. 2A:44A-5(c), but rather by the AAA's ... day time frame specified by the CLL had expired. See N.J.S.A. 2A:44A-21(b)(6). During the oral argument ...

docket:	a5063-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-05-08
status:	Published
citation:
Document Size:	67614