Search Rutgers Law Library N.J. Court Opinions

1846 IN THE MATTER OF THE ESTATE OF SAMUEL P HEKEMIAN -- rank: 833

... a formal accounting pursuant to Rule 4:87-1 and N.J.S.A. 3B:17-2, which, collectively, allow an interested party to ... s] to the status of the [e]state' and, under N.J.S.A. 3B:17-2, he was entitled to an accounting. The ... ERRED IN CONCLUDING THAT THE NEW JERSEY ARBITRATION ACT [(NJAA),] N.J.S.A. 2A:23B-1 TO [-]32[,] DOES NOT PERMIT A LAST ... law or in equity for the revocation of a contract.' N.J.S.A. 2A:23B-6(a) (emphasis added). N.J.S.A. 2A:23B-1 broadly defines 'record' as 'information that is ... requirement. Unlike 'record,' the NJAA does not define 'agreement.' See N.J.S.A. 2A:23B-1. When interpreting a statute, our objective '' ...

docket:	a1774-21
court:	NJ Superior Court Appellate Division
decided:	2023-01-13
status:	Unpublished
citation:
Document Size:	60982

1847 A-4628-10T2 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. OCCIDENTAL CHEMICAL CORPORATION -- rank: 833

... brought under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24 (Spill Act), and The Joint Tortfeasors Contribution Law (JTCL), N.J.S.A. 2A:53A-1 to -5. The New Jersey Department of ... in 1993, pursuant to the Industrial Site Recovery Act (ISRA), N.J.S.A. 13:1K-6 to -18. ISRA was enacted in 1993 ... obligations before selling or otherwise transferring ownership of the property. N.J.S.A. 13:1K-7. To effectuate a stock transaction in 1984 ... the Spill Act and the Water Pollution Control Act (WPCA), N.J.S.A. 58:10A-1 to -43. This 1988 litigation arose from ... protect and preserve the lands and waters of our State. N.J.S.A. 58:10-23.11a. With its passage, the Legislature ...

docket:	a0067-11
court:	NJ Superior Court Appellate Division
decided:	2012-04-24
status:	unpublished
citation:
Document Size:	145002

1848 Jennifer Fitzgerald v. Stanley Roberts, Inc.,et. al. -- rank: 833

... awarded her attorneys’ fees under the Law Against Discrimination (“LAD”), N.J.S.A. 10:5-1 to -49. Defendants appealed, challenging a number ...

docket:	a-120-04
court:	njsupreme
decided:	2006-04-20
status:
citation:	*CITE_PENDING*
Document Size:	104474

1849 STATE OF NEW JERSEY v. RASHAAN LEWIS -- rank: 833

... Monmouth County Grand Jury Indictment No. 07-03-0629: murder, N.J.S.A. 2C:11-3(a)(1) and (2) (count one); attempted murder, N.J.S.A. 2C:5-1; N.J.S.A. 2C:11-3; (count two); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(b) (count three); and third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count four). On August 28, 2008 ... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A . 2C:43-7.2, to run consecutive to the ...

docket:	a1689-08
court:	NJ Superior Court Appellate Division
decided:	2011-05-31
status:	unpublished
citation:
Document Size:	70653

1850 /usr/local/share/www/libweb/collections/courts/supreme/a-75-76-18.opn.html -- rank: 833

... obstruct or attempt to obstruct the criminal justice process.” N.J.S.A. 2A:162-15. N.J.S.A. 2A:162-17 outlines various non-monetary conditions a court may order. And N.J.S.A. 2A:162-23 provides that, when a court releases a ... penalties for violating those conditions. (pp. 11-13) 2. Under N.J.S.A. 2A:162-24, if a court finds the defendant â ... required for ordering detention in the first instance. Implicit in N.J.S.A. 2A:162-24 is the authority to impose additional conditions ... ensure against the risk of flight, danger, or obstruction. Like N.J.S.A. 2A:162-23 and -24, the Rule does not ...

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1851 R.J. Gaydos Insurance Agency, Inc. v. National Consumer Insurance Company -- rank: 833

... involves New Jersey's Fair Automobile Insurance Reform Act (FAIRA), N.J.S.A. 17:33B-1 to -63, a comprehensive legislative initiative that ... large volume of high loss ratio policies, in violation of N.J.S.A. 17:33B-18b, and remanded to the Law Division to ... the voluntary market received coverage through an Assigned Risk Plan, N.J.S.A. 17:30E-1 to -24, to replace the assigned risk ... suspension of its obligations to “take all comers,” pursuant to N.J.S.A. 17:33B-19, a provision of FAIRA that prohibits insurers ... terminated its agency agreement with Gaydos in violation of FAIRA, N.J.S.A. 17:33B-1 to -63. Gaydos sought an injunction against ... has many components, our focus in this appeal is on N.J.S.A. 17:33B-15, the section that requires insurers to “ ...

docket:	a-53-00
court:	njsupreme
decided:	2001-06-28
status:
citation:	168 N.J. 255
Document Size:	74653

1852 CONCERNED CITIZENS OF TENAFLY, INC. v. BOROUGH OF TENAFLY PLANNING BOARD -- rank: 833

... with the requirements of the Municipal Land Use Law (MLUL), [ N.J.S.A. 40:55D-1 to -163,] and (b) fairly apprised the ... flagpole height, a (d)(6) variance was required pursuant to N.J.S.A. 40:55D-70(d)(6). The judge further found the ... with the Zoning Board of Adjustment. The judge noted that ' N.J.S.A. 40:55D-70 reserves the power to grant (d) variances ... S. of N.J., 172 N.J. at 82. B. N.J.S.A. 40:55D-70(d)(6) provides that a variance may ... property. She therefore concluded that a use variance pursuant to N.J.S.A. 40:55D-70(d)(6), not a bulk variance pursuant to N.J.S.A. 40:55D-70(c), was required. The zoning board ...

docket:	a1989-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-28
status:	Unpublished
citation:
Document Size:	94556

1853 DAVID F. CALABOTTA , v. PHIBRO ANIMAL HEALTH CORPORATION -- rank: 833

... the disability reasonably precludes the performance of the particular employment.' N.J.S.A. 10:5-4.1. Although the NJLAD does not expressly ... that he lived and worked for defendants out-of-state. N.J.S.A. 10:5-4 states that, '[a]ll persons shall have ... and declared to be a civil right.' (Emphasis added). Moreover, N.J.S.A. 10:5-5(a) defines the term 'person' as 'one ... New Jersey residents or employees. A-1576-17T3 26 Furthermore, N.J.S.A. 10:5-5(e) declares that the definition of the ... the section unless otherwise specifically exempt.' (Emphasis added). Equally broadly, N.J.S.A. 10:5-12(a) prohibits the discriminatory refusal 'to hire ... any individual' to New Jersey residents or employees. See also N.J.S.A. 10:5-13 (permitting '[a]ny person claiming to ...

docket:	a1576-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-27
status:	Published
citation:
Document Size:	80633

1854 /usr/local/share/www/libweb/collections/courts/appellate/a0495-16.opn.html -- rank: 833

... deprive him of a remedy[,]' because the oppressed shareholder statute, N.J.S.A. 14A:12-7(1)(c), 'does not limit the equitable ... our judgment and the Court's decision. 11 Koger cites N.J.S.A. 14A:12-7(1)(c), which provides for the court ... to Brenner. We disagree. In Brenner, the Court held that N.J.S.A. 14A:12-7 provides remedies for corporate misconduct that does ... caution[.]' Id. at 510–11. The Court held that while N.J.S.A. 14A:12-7(8) only authorized a voluntary stock buy ... clarified that the prejudgment interest award was not predicated upon N.J.S.A. 14A:12-7(8)(d), which permits, in a voluntary ... abused its discretion. The chosen valuation date is consistent with N.J.S.A. 14A:12-7(8)(a), governing voluntary court-ordered ...

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1855 STATE OF NEW JERSEY v. TROY C. CHANCE -- rank: 833

... Indictment No. 07-11-0769 with second-degree attempted escape, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:29-5. After a three-day jury trial, he ... the disorderly persons offense of obstructing the administration of law, N.J.S.A. 2C:29-1A, for which a concurrent six-month sentence ... force was used to "effect the escape," as required by N.J.S.A. 2C:29-5(e), was erroneously denied. We easily dispose ... See Cannel, New Jersey Criminal Code Annotated , comment 2 on N.J.S.A. 2C:29-5 (2009) (requiring that "knowingly" be applied, pursuant ...

docket:	a0536-08
court:	superior court appellate division
decided:	2010-06-23
status:	unpublished
citation:
Document Size:	122091

1856 ROBERT WILLIAMS v. CASINO REINVESTMENT DEVELOPMENT AUTHORITY -- rank: 833

... in violation of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -50. More particularly, plaintiff contends the ... created pursuant to The Pedestrian Mall and District Improvement Act, N.J.S.A. 40:56-65 to -89, which authorizes the creation of ... of encouraging 'self-help programs to enhance . . . local business climates.' N.J.S.A. 40:56-65(b). After passage of the Atlantic City Tourism District Act in 2011, N.J.S.A. 5:12-218 to -233, which 'prohibited' the city 'from ... Super. 173, 179 (App. Div. 2019) (alterations in original) (quoting N.J.S.A. 5:12-220(f)), defendant 'acquired most of the assets ... in compensation or in terms, conditions[,] or privileges of employment.' N.J.S.A. 10:5-12(a). 'In LAD cases, we 'frequently ...

docket:	a5368-18
court:	NJ Superior Court Appellate Division
decided:	2021-07-13
status:	Unpublished
citation:
Document Size:	78067

1857 /usr/local/share/www/libweb/collections/courts/appellate/a4829-18.opn.html -- rank: 833

... imprisonment without parole imposed pursuant to the 'Three Strikes Law,' N.J.S.A. 2C:43-7.1, is illegal. The prosecution hinged on ... jury indicted defendant for three counts of first-degree robbery, N.J.S.A. 2C:15-1(a)(2) (counts one through three); third ... degree possession of a weapon (knife) for an unlawful purpose, N.J.S.A. 2C:39-4(d) (count four); third-degree possession of a weapon (metal pipe) for an unlawful purpose, N.J.S.A. 2C:39-4(d) (count five); fourth-degree unlawful possession of a weapon (knife), N.J.S.A. 2C:39-5(d) (count six); and fourth-degree unlawful possession of a weapon (metal pipe), N.J.S.A. 2C:39- 5(d) (count seven). Prior to trial, ...

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court:	NJ Superior Court Law/Chancery Division
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1858 State v. Hakum Brown -- rank: 833

... s law governing the sex offender registration and notification system, N.J.S.A. 2C:7-1 to -23, is commonly known as Meganâ ... Brown (R.B.) was convicted of second-degree sexual assault, N.J.S.A. 2C:14-2, and was sentenced to three years in ... assault and third-degree endangering the welfare of a child, N.J.S.A. 2C:24- 4(a). H.B. was sentenced to six ... police department of the municipality in which he 4 resided. N.J.S.A. 2C:7-2(a)(1), -2(c). At the time ... degree offense. L. 2007, c. 19, § 1 (codified at N.J.S.A. 2C:7-2(a)(3)). Pertinent to our present analysis ... Each was charged with third-degree failure to register under N.J.S.A. 2C:7- 2(a)(3), as well as third- ...

docket:	a-39-19
court:	NJ Supreme Court
decided:	2021-01-25
status:
citation:
Document Size:	70014

1859 STATE OF NEW JERSEY v. KHALIF PADEN -- rank: 833

... 0279 with second-degree conspiracy to commit carjacking and robbery, N.J.S.A. 2C:5-2, 2C:15-2, 2C:15-1 (count one); first-degree carjacking, N.J.S.A. 2C:15-2 (count two); first-degree robbery, N.J.S.A. 2C:15-1 (count three); third-degree aggravated assault with a deadly weapon, N.J.S.A. 2C:12-1(b)(2) (count four); second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b) (count five); second-degree possession of ... handgun with the purpose to use it unlawfully against another, N.J.S.A. 2C:39-4(a) (count six); third-degree receiving ...

docket:	a4278-13
court:	NJ Superior Court Appellate Division
decided:	2016-04-14
status:	unpublished
citation:
Document Size:	53562

1860 DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.M. -- rank: 833

... Central Registry of Abuse/Neglect Perpetrators (Central Registry) pursuant to N.J.S.A. 9:6-8.11. In so doing, DCF rejected the ... result, D.M. was arrested and charged with aggravated assault, N.J.S.A. 2C:12-1(b)(1), and child endangerment, N.J.S.A. 2C:24-4(a), which charges were later no-billed ... D.M.'s conduct constituted physical abuse as defined in N.J.S.A. 9:6-8.21. Analogizing the facts of the case ... determined that D.M.'s conduct qualified as abuse under N.J.S.A. 9:6-8.21(c)(4) "as [D.M.] knew ... 5-4.3(a)(2). Under the Administrative Procedure Act, N.J.S.A. 52:14B-1 to-21, the ALJ conducts a ...

docket:	a1139-15
court:	NJ Superior Court Appellate Division
decided:	2017-09-22
status:	unpublished
citation:
Document Size:	47711