Search Rutgers Law Library N.J. Court Opinions

1951 City of Long Branch v. Jui Yung Liu -- rank: 832

... in submerged tidal lands through riparian grants. See, e.g. , N.J.S.A. 12:3-20 to -24. A riparian grant is the ... constitute a part of the State’s permanent school fund. N.J.S.A. 18A:56-5. No riparian grant is at issue in ... a way that encompasses certain furnishing, fixtures, and equipment. See N.J.S.A. 20:3-2(d). The Lius have not argued that ... the law. To the extent that the owners have raised N.J.S.A. 20:3-2(d), it has been to argue that ...

docket:	a-9-09
court:	New Jersey Supreme Court
decided:	2010-09-21
status:
citation:	203 N.J. 464 4 A.3d 542
Document Size:	105854

1952 THE GREAT ATLANTIC AND PACIFIC TEA COMPANY, INC. V. POINT PLEASANT -- rank: 832

... from submitting a non-binding question to voters pursuant to N.J.S.A. 19:37-1. The court stated that section 62.b ... to binding referenda and that non-binding referenda permitted by N.J.S.A. 40:55D-16. If the ordinance had been filed, A ... preference for proposed zoning amendments.     One purpose of the MLUL, N.J.S.A. 40:55D-1 to -129, was to coordinate municipal land ... reduce costs, and promote construction. Id. at 1; see also N.J.S.A. 40:55D-2 (outlining intent and purpose of MLUL). The ... adoption of a master plan by the planning board. See N.J.S.A. 40:55D-23 to -28. Once the planning board adopts ... the municipality may then enact a conforming zoning ordinance. See N.J.S.A. 40:55D-62.a. When adopting a zoning ordinance, ...

docket:	a-112-93
court:	njsupreme
decided:	1994-08-04
status:
citation:	137 N.J. 136
Document Size:	67039

1953 STATE OF NEW JERSEY v. CARL JONES -- rank: 832

... definition of an included offense that is set forth in N.J.S.A. 2C:1-8(d).8 State v. Thomas, 187 N ... 119, 130-31 (2006). That initial requirement is met 8 N.J.S.A. 2C:1-8(d) provides that an offense is 'included ... A-1994-17T4 44 here. The offenses of aggravated manslaughter, N.J.S.A. 2C:11-4(a)(1), and manslaughter, N.J.S.A. 2C:11-4(b)(1), conceptually are lesser-included offenses to murder, N.J.S.A. 2C:11-3(a)(1) and (2). See, e.g ... such requisite proof. Defendant was charged with first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (2), for 'purposely' ...

docket:	a1994-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-17
status:	Unpublished
citation:
Document Size:	103248

1954 Ferreira v. Rancocas Orthopedic Associates -- rank: 832

... provide an affidavit, pursuant to the Affidavit of Merit statute, N.J.S.A. 2A:53A-26 to –29, attesting to the merits of ... the opinion of the Court.     The Affidavit of Merit statute, N.J.S.A. 2A:53A-26 to –29, requires a plaintiff in a ... pursuant to this section, upon a finding of good cause. [ N.J.S.A. 2A:53A-27.] The statute was one of five bills ... cause of action, subjecting the complaint to dismissal with prejudice. N.J.S.A. 2A:53A-28. The Legislature did not intend to give ... modified. When the Legislature enacted the Affidavit of Merit statute, N.J.S.A. 2A:53A-26 to -29, as a tort reform measure ... a methodology for the filing of an affidavit of merit. N.J.S.A. 2A:53A-27. Plaintiff’s failure to provide an ...

docket:	a-151-01
court:	njsupreme
decided:	2003-11-24
status:
citation:	178 N.J. 144
Document Size:	78941

1955 NEW JERSEY OUTDOOR ALLIANCE v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 832

... of the supply thereof in the waters to the State.' N.J.S.A. 13:1B-28. Pursuant to that delegated authority, the Council ... members, appointed by the Governor with Senate advice and consent. N.J.S.A. 13:1B-24. The applicable statute prescribes that three members ... section 7 of the 'Endangered and Nongame Species Conservation Act [N.J.S.A. 23:2A-7(e)].'' Ibid. 3 Part B of this ... of black bears pursuant to the Commissioner’s authority at N.J.S.A. 13:1B-5 et seq., as clarified and confirmed in ... lands controlled by the State of New Jersey; and WHEREAS, N.J.S.A. 13:1B-5 authorizes me to exercise the State's ... McCabe, Commissioner, pursuant to the authority vested in me under N.J.S.A. 13:1B-5, hereby ORDER and DIRECT that all ...

docket:	a0525-18
court:	NJ Superior Court Appellate Division
decided:	2018-11-16
status:	Unpublished
citation:
Document Size:	74511

1956 FRANCES GREEN v. MONMOUTH UNIVERSITY -- rank: 832

... judgment to the University under the Charitable Immunity Act (Act), N.J.S.A. 2A:53A-7 to - 11. '[W]e consider the trial ... outside of the benefactions of such corporation, society or association. [ N.J.S.A. 2A:53A-7(a) (emphasis added).] 'By the plain meaning of N.J.S.A. 2A:53A-7(a), 'an entity qualifies for charitable immunity ... it is a 'nonprofit corporation . . . organized exclusively for . . . educational purposes.' N.J.S.A. 2A:53A-7(a). However, she disputes the third prong ... for the protection of nonprofit corporations' organized for educational purposes. N.J.S.A. 2A:53A-10. 'In the context of colleges and universities ... for a . . . charitable [or] educational . . . purpose.' Id. at 570 (quoting N.J.S.A. 2A:53A-9) (alteration in original). Under N.J. ...

docket:	a1652-15
court:	NJ Superior Court Appellate Division
decided:	2018-01-08
status:	published
citation:	452 N.J.Super. 542 178 A.3d 83
Document Size:	73460

1957 /usr/local/share/www/libweb/collections/courts/appellate/a4143-17.opn.html -- rank: 832

... s convictions. I. Defendant was indicted for first-degree murder, N.J.S.A. 2C:11-3(a)(1), (2); unlawful possession of a knife, N.J.S.A. 2C:39-5(d); and possession of a knife for an unlawful purpose, N.J.S.A. 2C:39-4(d). After a ten-day trial, the ... State need only prove a 'knowing' culpable mental state. See N.J.S.A. 2C:11-3(a)(2) ('criminal homicide constitutes murder when ... death or serious bodily injury resulting in death.'); see also N.J.S.A. 2C:2-2(c)(2) ('When the law provides that ... if a person acts with a higher kind of culpability.'). N.J.S.A. 2C:2- - 2(b)(2), which defines the 'knowing' ...

docket:
court:
decided:
status:
citation:
Document Size:	52787

1958 Luis Perez v. Zagami, LLC -- rank: 832

... whether the New Jersey Civil Rights Act (Act or CRA), N.J.S.A. 10:6-2(c), authorizes a private right of action ... “deprivation” of his civil rights. The panel reasoned that N.J.S.A. 10:6 2(c) has two distinct clauses, and that ... any other person to the deprivation of” protected civil rights. N.J.S.A. 10:6 2(a) (emphasis added). Subsection (b) governs claims ... attempts to interfere” with the exercise of protected civil rights. N.J.S.A. 10:6 2(b) (emphasis added). (p. 6). 2. The ... action for deprivations of or interference with protected civil rights. N.J.S.A. 10:6 2(c) (“Any person who has been ... analysis with the statute’s plain language, the punctuation of N.J.S.A. 10:6 2(c) confounds its clear meaning. Specifically, ...

docket:	A-36-12
court:	NJ Supreme Court
decided:	2014-05-20
status:
citation:
Document Size:	74663

1959 A.D.P. v. EXXONMOBIL RESEARCH AND ENGINEERING COMPANY -- rank: 832

... 1) defendant violated the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, by discriminating against her because ... against such individual . . . in terms, conditions or privileges of employment[,]" N.J.S.A. 10:5-12(a), "unless the nature and extent of ... the disability reasonably precludes the performance of the particular employment[.]" N.J.S.A. 10:5-4.1. Further, the LAD does not "prevent ... at, is unable to perform adequately the duties of employment[.]" N.J.S.A. 10:5-2.1. Plaintiff alleges that the imposition of ... Equip. Co., Inc. , 173 N.J. 1 , 13 (2002). Under N.J.S.A. 10:5-2.1, an employer retains the right to ... the disability reasonably precludes the performance of the particular employment." N.J.S.A. 10:5-4.1. The Supreme Court observed: There ...

docket:	a4806-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-26
status:	published
citation:	428 N.J.Super. 518 54 A.3d 813
Document Size:	80734

1960 DR. ENRICO BONDI v. CITIGROUP, INC. -- rank: 832

Original Wordprocessor Version This case can also be found at 423 N.J. Super. 377 or 32 A.3d 1158. (NOTE: The status of this decision is Published .) (NOTE: The status of this decision is Published .) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY ...

docket:	a2654-08
court:	NJ Superior Court Appellate Division
decided:	2011-12-22
status:	published
citation:	423 N.J. Super. 377 32 A.3d 1158
Document Size:	164228

1961 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.M.W and S.O.F -- rank: 832

... concern as being in the interests of the general welfare . . . .' N.J.S.A. 30:4C-1(a). Parental rights, however, are not inviolable ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] See also A.W., 103 ... order, the Division may remove a minor in an emergency. N.J.S.A. 9:6-8.21 to -8.82 (the 'Dodd Act ... 418, 434 (App. Div. 2001) (first alteration in original) (quoting N.J.S.A. 30:4C-15.1(a)(2)). [T]he second prong ... 17 provide the care and support required by the child.' N.J.S.A. 30:4C-12.1(a). She argues the Division, in ... litigation risk that a Family Part judge will conclude, under N.J.S.A. 30:4C- 15.1(a)(3), that it has ...

docket:	a5369-18
court:	NJ Superior Court Appellate Division
decided:	2020-06-05
status:	Unpublished
citation:
Document Size:	46450

1962 A.M.C. v. P.B. -- rank: 832

... FRO), pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, even though it found that ... issued by the Middlesex County Family Part, as required by N.J.S.A. 2C:25-28(l). Further, "the clerk of the court ... a TRO had been issued against defendant, as required under N.J.S.A. 2C:25-28(n). These failures also violated the procedures ... violence 3 against her in the form of terroristic threats, N.J.S.A. 2C:12-3, sexual assault, 4 N.J.S.A. 2C:14-2, physical assault, N.J.S.A. 2C:12-1, and harassment, N.J.S.A. ...

docket:	a4730-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-21
status:	published
citation:	447 N.J.Super. 402 148 A.3d 754
Document Size:	68258

1963 STATE OF NEW JERSEY v. BRUCE D. STERLING -- rank: 832

... J.L. in New Brunswick. They included second-degree burglary, N.J.S.A. 2C:18-2, and first-degree aggravated sexual assault, N.J.S.A. 2C:14-2a. These counts also included charges of second ... with two counts. The first charged the certain persons offense, N.J.S.A. 2C:39-7b(1). This was based on defendant's ... samples under the DNA Database and Databank Act of 1994, N.J.S.A. 53:1-20.17 to -20.28, would be admissible ...

docket:	a5579-06
court:	NJ Superior Court Appellate Division
decided:	2011-08-15
status:	unpublished
citation:
Document Size:	157975

1964 STATE OF NEW JERSEY v. DAVID ROMEO -- rank: 832

... returned a one-count indictment charging defendant with official misconduct, N.J.S.A. 2C:30-2. The trial court conducted a pretrial hearing ... count of the indictment, official misconduct in the second degree, N.J.S.A. 2C:30-2. On May 21, 2010, defendant was sentenced ... impose a five-year period of parole ineligibility, pursuant to N.J.S.A. 2C:43-6.5(a). On appeal, defendant raises the ... IN WAIVING THE STATUORILY-MANDATED PERIOD OF PAROLE INELIGIBILITY. Under N.J.S.A. 2C:43-6.5(a), "a person who serves or ... or reducing the mandatory minimum sentence that would otherwise apply. [ N.J.S.A. 2C:43-6.5(c)(2).] In Rice , decided after ... issued the first published decision construing the waiver provision of N.J.S.A. 2C:43-6.5(c)(3). We compared the " ...

docket:	a4580-09
court:	NJ Superior Court Appellate Division
decided:	2013-08-26
status:	unpublished
citation:
Document Size:	106487

1965 STATE OF NEW JERSEY v. OSEAS S. PONS -- rank: 832

... counts, including three counts of first-degree aggravated sexual assault, N.J.S.A. 2C:13-1b (Counts Three, Seven, and Thirteen), two counts of first-degree aggravated sexual assault, N.J.S.A. 2C:39-4d (Counts Eight and Fourteen), two counts of fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5d (Counts Nine and Fifteen), one count of first-degree robbery, N.J.S.A. 2C:15-1 (Count Sixteen), and one count of second-degree robbery, N.J.S.A. 2C:15-1 (Count Seventeen). Emilio Giron and Eric Quintanilla ... 75 years) pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant appeals and we affirm. ...

docket:	A2437-04
court:	NJ Superior Court Appellate Division
decided:	2007-10-03
status:	unpublished
citation:
Document Size:	93335