Search Rutgers Law Library N.J. Court Opinions

2371 Alloway v. General Marine Industries, L.P. -- rank: 828

... C. provides for express warranties regarding the quality of goods, N.J.S.A. 12A:2-313, as well as an implied warranty of merchantability, N.J.S.A. 12A:2-314, and an implied warranty of fitness for a particular purpose, N.J.S.A. 12A:2-714. In addition, the Legislature has directed courts ... promote the U.C.C.'s underlying purposes and policies. N.J.S.A. 12A:1-102(1).     As a counterbalance, the U.C ... to limit their liability through disclaimers, except for personal injuries. N.J.S.A. 12A:2-316. Further, the U.C.C. allows parties to modify or limit damages by agreement. N.J.S.A. 12A:2-719. Finally, the U.C.C. provides ...

docket:	a-48-96
court:
decided:	1997-06-30
status:
citation:	145 N.J. 372
Document Size:	79191

2372 /usr/local/share/www/libweb/collections/courts/supreme/a3813-10.opn.html -- rank: 828

... jury trial, of eight counts of first-degree armed robbery, N.J.S.A. 2C:15-1; two counts of second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a(1); two counts of third-degree unlawful ... possession of a shotgun without a firearms purchaser identification card, N.J.S.A. 2C:39-5c(1) and N.J.S.A. 2C:58-3; two counts of third-degree unlawful possession of a loaded shotgun, N.J.S.A. 2C:39-5c(2); and two counts of third-degree unlawful possession of a sawed-off shotgun, N.J.S.A. 2C:39-3b. 1 They were also convicted of ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	86097

2373 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.S. -- rank: 828

... s (Division) proofs under the best interests test, defined in N.J.S.A. 30:4C-15.1(a). The Division and Law Guardian ... of her parental rights violates the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, and the Americans with Disabilities ... s proofs under each of the four prongs delineated in N.J.S.A. 30:4C-15.1(a), 11 and concluded the Division ... decision met the legal standards set forth in Title 9, N.J.S.A. 9:6-8.21 to -8.73, 14 which is ... of Human Servs. , 157 N.J. 161 , 171 (1999) (quoting N.J.S.A. 9:6-8.8), but also children who are at ... danger of impairing the child's physical or mental health. N.J.S.A. 9:6-8.21(c)(4). Where the conditions ...

docket:	a4099-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-04
status:	unpublished
citation:
Document Size:	60323

2374 STATE OF NEW JERSEY v. ANGELO CUCULINO -- rank: 828

... the controlled dangerous substance (CDS) alpha- pyrrolidinopentiophenone (alpha-PVP), 1 N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(13). On direct appeal, defendant challenged ... or 'flocka.' Cannel, N.J. Criminal Code Annotated, cmts. on N.J.S.A. 2C:35-5.3(a) & N.J.S.A. 2C:35-10.3(a) (2023). A-1864-21 2 ... third-degree distribution of CDS or its analogue (alpha-PVP), N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b ... two); third-degree possession with intent to distribute CDS (Methylone), N.J.S.A. 2C:35-5(a)(1) and 2C:35-5( ...

docket:	a1864-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-14
status:	Unpublished
citation:
Document Size:	68054

2375 STATE OF NEW JERSEY v. KENNETH A. DUCKETT -- rank: 828

... Anton Duckett appeals from his conviction for first-degree murder, N.J.S.A. 2C:11-3(a); unlawful possession of a handgun, N.J.S.A. 2C:39-5(b), and possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a). He also appeals from the aggregate ... in prison subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. On this appeal, defendant presents the ... defense intended to request a charge of passion/provocation manslaughter, N.J.S.A. 2C:11-4b(2), 1 the State requested and was ... record on November 4, 2010, the trial judge first considered N.J.S.A. 2C:4-2, which provides: "Evidence that the defendant ...

docket:	a4382-10
court:	NJ Superior Court Appellate Division
decided:	2014-02-12
status:	unpublished
citation:
Document Size:	98770

2376 STEVE RAMSHUR v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, -- rank: 828

... to the DEP under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, seeking access to bids submitted ... plaintiff's request, explaining that the competitive advantage exemption, see N.J.S.A. 47:1A-1.1, exempted Liberty National's bid from ... Borough of Longport, 218 N.J. 168, 184 (2014) (quoting N.J.S.A. 47:1A-1). OPRA provides that 'government records shall be ... with certain exceptions, for the protection of the public interest.' N.J.S.A. 47:1A-1. A government record includes 'any . . . document . . . that ... course of . . . official business by any . . . agency . . . of the State.' N.J.S.A. 47:1A-1.1. If '[a] person . . . is denied access ... proving that the denial of access is authorized by law.' N.J.S.A. 47:1A- -6. The public's right to access ...

docket:	a1527-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-19
status:	Unpublished
citation:
Document Size:	46855

2377 STATE OF NEW JERSEY v. KARLTON L. BAILEY -- rank: 828

... Bailey was convicted of first-degree robbery of Alex Mehea, N.J.S.A. 2C:15-1 (count two); second-degree robbery of Carlos Guerrero, N.J.S.A. 2C:15-1 (count one); third-degree aggravated assault of ... by purposely or knowingly causing bodily injury with a weapon, N.J.S.A. 2C:12-1b(2) (count three); second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5b (count four); and second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4a (count five). In a separate trial that ... a firearm by certain persons not to possess a firearm, N.J.S.A. 2C:39-7b(1), the single count of Indictment ...

docket:	a2298-13
court:	NJ Superior Court Appellate Division
decided:	2016-01-14
status:	unpublished
citation:
Document Size:	53681

2378 STATE OF NEW JERSEY v. NELSON LEE JACKSON -- rank: 828

... count indictment charging second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5b, and his sentence of six years imprisonment ... the car, at least for a motor vehicle violation. See N.J.S.A. 39:3-61a (requirement of tail lamps). The United States ... finding at sentencing of aggravating factors three, six, and nine, N.J.S.A. 2C:44-1a(3), (6), (9). Those aggravating factors clearly and convincingly outweighed the absence of mitigating factors, N.J.S.A. 2C:44-1b, and they justified the sentence of six ... The three-year period of parole ineligibility was mandatory under N.J.S.A. 2C:43-6c for the firearms offense. The sentencing judge ...

docket:	a2939-10
court:	NJ Superior Court Appellate Division
decided:	2012-12-13
status:	unpublished
citation:
Document Size:	67021

2379 VALERIE MONTONE v. CITY OF JERSEY CITY -- rank: 828

... in violation of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42; (2) employment retaliation, also in ... violation of the New Jersey Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14; (4) retaliation for protected First ... Jersey Constitution and the New Jersey Civil Rights Act (CRA), N.J.S.A. 10:6-1 to -2; (8) retaliation for political affiliation ... with prejudice, to avoid preclusion of her LAD claims. See N.J.S.A. 34:19-18. The Astriab plaintiffs, who were all sergeants ... also "by the Constitution or laws of the United States." N.J.S.A. 10:6-2(c). New Jersey courts have accordingly recognized ... to enforce "any right granted or protected by this act." N.J.S.A. 10:5-12(d). To claim retaliation in violation ...

docket:	a3326-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-24
status:	published
citation:
Document Size:	85779

2380 STATE OF NEW JERSEY v. BRANDON KANE -- rank: 828

... serious bodily injury aggravated assault of M.K. (Marjie), 1 N.J.S.A. 2C:12-1(b)(1); second-degree kidnapping of Marjie, as a lesser-included offense of first-degree kidnapping, N.J.S.A. 2C:13-1(b); third-degree terroristic threats of Marjie, N.J.S.A. 2C:12-3; third-degree significant bodily injury aggravated assault of C.H. (Charlie), N.J.S.A. 2C:12-1(b)(1); 2 and fourth-degree criminal trespass of Charlie's home, N.J.S.A. 2C:18-3(a), as a lesser-included offense of second-degree burglary, N.J.S.A. 2C:18-2. The jury acquitted defendant of first- ...

docket:	a2739-13
court:	NJ Superior Court Appellate Division
decided:	2017-03-03
status:	published
citation:	449 N.J.Super. 119 155 A.3d 612
Document Size:	60481

2381 /usr/local/share/www/libweb/collections/courts/tax/014260-20.opn.html -- rank: 828

... defendant”) was 94.51% for the 2015 tax year. See N.J.S.A. 54:1 - 35 a(a). When the average ratio is ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	74465

2382 IN RE ADOPTION OF N.J.A.C.17:2-3.8 AND 17:2-3.13 -- rank: 828

... N.J.A.C. 17:2-3.8(b) (implementing N.J.S.A. 43:15A-93 by clarifying the effective date for converted ... and N.J.A.C. 17:2-3.13 (implementing N.J.S.A. 43:15A-50 by addressing benefits payable when a member ... and transaction of the [B]oard's and committees' business.' N.J.S.A. 43:15A-17(a)(1). Therefore, NJEA's appeal is ... first premium therefor had been made' during the grace period. N.J.S.A. 17B:27-72(k). The answer to the second question ... Although we will analyze the text of two enabling statutes ( N.J.S.A. 43:15A- 93 and N.J.S.A. 43:15A-50), we perform that analysis by considering ...

docket:	a4327-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-21
status:	Published
citation:	458 N.J.Super. 326 205 A.3d 237
Document Size:	47606

2383 JOAQUIN RUIZ v. BRIAN P. STACK -- rank: 828

... in contravention of the New Jersey Civil Rights Act (CRA), N.J.S.A. 10:6-1 to -2. Figueroa, alleging only political association ... speech retaliation, as well as racketeering activity in violation of N.J.S.A. 2C:41-2(c) and -2(d),3 which resulted ... suffered 3 This statute is part of our criminal code, N.J.S.A. 2C:41-1 to -6.2, that is based on ... 1968. Cannel, N.J. Criminal Code Annotated, cmt. 1 on N.J.S.A. 2C:41-1 (2018). As such, Chapter 41 of the ... pursuant to the New Jersey [f]rivolous [l]itigation statute, N.J.S.A. 2A:15- 59.1.'5 Additionally, Porres appeals from a ... which were subject to a two-year statute of limitations. N.J.S.A. 2A:14-2(a); Smith v. Datla, 451 N. ...

docket:	a1707-16
court:	NJ Superior Court Appellate Division
decided:	2019-03-15
status:	Unpublished
citation:
Document Size:	59130

2384 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.N. -- rank: 828

... fourth prongs of the best interests of the child standard. N.J.S.A. 30:4C-15.1a. Accordingly, the court dismissed the termination ... Super. 435 , 439 (App. Div. 2002). Termination actions brought under N.J.S.A. 30:4C-15.1a are decided under a four-part ... N.J. 591 , 604-611 (1986), and now codified in N.J.S.A. 30:4C-15.1a. Under that standard, parental rights may ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1a.] The four prongs of the best ... D.N. argues for the first time on appeal that N.J.S.A. 30:4C-15.1a is void for vagueness. D.N ... all prongs of the best interests of the child standard. N.J.S.A. 30:4C-15.1a. In considering D.N.'s ...

docket:	a0930-07
court:	NJ Superior Court Appellate Division
decided:	2009-05-13
status:	unpublished
citation:
Document Size:	149968

2385 STATE OF NEW JERSEY v. JEROME MERCER -- rank: 828

... a conditional plea of guilty to second-degree aggravated assault, N.J.S.A. 2C:12-1b(1), and third-degree unlawful possession of a weapon. N.J.S.A. 2C:39-5b. On July 24, 2009, Judge Hutchins-Henderson ... on the aggravated assault charge to an extended term under N.J.S.A. 2C:44-3d of twelve years imprisonment, with eighty-five ... of special parole supervision under the No Early Release Act, N.J.S.A. 2C:43-7.2. She also sentenced defendant to a ...

docket:	a3957-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-12
status:	unpublished
citation:
Document Size:	70095