Search Rutgers Law Library N.J. Court Opinions

2791 DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.T. -- rank: 826

... removal of a child without a court order, pursuant to N.J.S.A. 9:6-8:29 of the Dodd Act, codified in N.J.S.A. 9:6-8:21 to -8:82. N.J. Div ... of the evidence defendant abused or neglected her children. See N.J.S.A. 9:6-8.21(c)(4)(a) and (b). More ... FAILED TO APPLY THE WELL ESTABLISHED LEGAL STANDARD[] STATED IN N.J.S.A. 9:6-8.21(c) AND CASE LAW IN MAKING ... Not Exercise a Minimum Degree of Care Under Title Nine ( N.J.S.A. 9:6-8.21(c)(4)(a) and (b)), Therefore ... of Manalapan, 140 N.J. 366, 378 (1995)). Title Nine, N.J.S.A. 9:1-1 to 9:25-11, sets forth ...

docket:	a2053-15
court:	NJ Superior Court Appellate Division
decided:	2018-03-08
status:	unpublished
citation:
Document Size:	65800

2792 STATE OF NEW JERSEY v. ANTHONY C. RIDGEWAY -- rank: 826

... murder, but found him guilty of first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a)(1); first-degree armed robbery, N.J.S.A. 2C:15-1(a)(1) and (2); second-degree burglary, N.J.S.A. 2C:18-2(b)(1); second- degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); and second-degree certain persons not to have firearms, N.J.S.A. 2C:39-7(b). The trial court imposed an ...

docket:	a1811-14
court:	NJ Superior Court Appellate Division
decided:	2017-12-05
status:	unpublished
citation:
Document Size:	123102

2793 River Rats Inc. v. Borough of Fair Haven -- rank: 826

... assessor for the Borough seeking local property tax exemption under N.J.S.A. 54:4-3.6. RRI stated its organizational purpose was ... general public, either of which purpose satisfied the requirements of N.J.S.A. 54:4-3.6. Counsel also provided additional details of ... art. VIII, § 1, ¶ 2. The enabling statute is N.J.S.A. 54:4-3.6, which details the exemption and conditions ... purposes on account of which the exemption is claimed.” N.J.S.A. 54:4-3.6. 11 These provisos have been summarized ... all types of property owners and property uses specified in N.J.S.A. 54:4-3.6. 12 (2) its property must be ... 503 , 506 (1984)]. 12 There is also a procedural requirement. N.J.S.A. 54:4-4.4 requires an assessor to obtain ...

docket:	008332-16
court:	NJ Tax Court
decided:	2019-08-14
status:	Unpublished
citation:
Document Size:	63965

2794 STATE OF NEW JERSEY v. ANDREW SWINTON -- rank: 826

... defendant Andrew Swinton was convicted of second-degree attempted burglary, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:18-2 (count five); second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a)(1) (count eight); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(1) and N.J.S.A. 2C:15-1 (count ten); second-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2(a)(1) and N.J.S. ...

docket:	a0442-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-12
status:	unpublished
citation:
Document Size:	63140

2795 Cesare v. Cesare -- rank: 826

... and the interpretation of the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -33 ("Act" or "DVA"). Specifically, this ... 1992. Preamble, L. 1994, Joint Resolution No. 2 , reprinted at N.J.S.A. 2C:25-17. In 1996, 85,018 domestic violence offenses ... deep and lasting emotional effects from exposure to domestic violence. [ N.J.S.A. 2C:25-18.] ����Until recently, however, the law in New ... inability to generate a prompt response in an emergency situation." N.J.S.A. 2C:25-18. The Legislature enacted the Prevention of Domestic ... violence the maximum protection from abuse the law can provide." N.J.S.A. 2C:25-18 (emphasis added). The Legislature attempted to address ... See 286 N.J. Super. 589, 597 (App. Div. 1996); N.J.S.A. 2C:25-20. The legislative findings underlying the Domestic ...

docket:	a-127-97
court:	njsupreme
decided:	1998-06-03
status:
citation:	154 N.J. 394
Document Size:	54623

2796 STATE OF NEW JERSEY v. CHRISTOPHER NEIDERMAN -- rank: 826

... returned an indictment charging defendant with second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(l) (count one) and third-degree terroristic threats, N.J.S.A. 2C:12-3(b) (count two). Defendant was tried over ... of the lesser-included offense of third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(7), and acquitted him on count ... and codified in both statute and an evidence rule.' Both N.J.S.A. 2A:84A-19 and N.J.R.E. 503 provide ... 336). Self-defense and defense of others are outlined in N.J.S.A. 2C:3-5, which provides that the use of force ... third person when: (1) The actor would be justified under [ N.J.S.A. ] 2C:3-4 in using such force to protect ...

docket:	a0164-09
court:	superior court appellate division
decided:	2010-09-30
status:	unpublished
citation:
Document Size:	62693

2797 Bridgewater-Raritan Education Association v. Board of Education of the Bridgewater-Raritan School District -- rank: 826

... or equity under circumstances calling into question the interplay of N.J.S.A. 18A:28-5, which establishes the general rule by which teachers obtain tenure, and N.J.S.A. 18A:16-1.1, which creates an exception to that ... to notify teachers of their status as replacement teachers under N.J.S.A. 18A:16-1.1. The Commissioner affirmed the ALJ’s ... Division, in an unpublished decision, affirmed. The panel noted that N.J.S.A. 18A:16-1.1 did not expressly require that a ... s petition for certification. 217 N.J. 304 (2014). HELD: N.J.S.A. 18A:16-1.1 requires a board of education to ... to her status during the 2007-08 school year. 1. N.J.S.A. 18A:28-5 establishes the general rule by which ...

docket:	A-85-13
court:	NJ Supreme Court
decided:	2015-05-06
status:
citation:	221 N.J. 349 113 A.3d 764
Document Size:	74114

2798 VIRGINIA COCKERLINE v. KEVIN CLARK -- rank: 826

... a new theory of damages. The Wrongful Death Act (Act), N.J.S.A. 2A:31-1 to -6, allows a decedent's survivors ... pursued for injuries from "a wrongful act, neglect or default." N.J.S.A. 2A:31-1. The claims must be pursued by the decedent's administrator ad prosequendum, N.J.S.A. 2A:31-2, "for the exclusive benefit of the persons ... entitled to take any intestate personal property of the decedent." N.J.S.A. 2A:31-4. Because the creation of this statutory remedy ... with respect to the validity of the collateral source doctrine, N.J.S.A. 2A:15-97. Id. at 604. This archive is a ...

docket:	a3706-10
court:	NJ Superior Court Appellate Division
decided:	2013-10-09
status:	unpublished
citation:
Document Size:	54630

2799 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. R.A.S., Sr. and N.L.D. -- rank: 826

... evidence, the criteria for termination of parental rights pursuant to N.J.S.A. 30:4C-15.1. Although the court did not order ... THE CHILDREN'S BEST INTEREST UNDER THE FOURTH PRONG OF N.J.S.A. 30:4C-15-1. POINT II ADDITIONAL JURISDICTIONS, WITH STATUTES SIMILAR TO N.J.S.A. 9:6B-4, HAVE FOUND THAT THE TRIAL COURT HAS ... S., when assessed under the statutory standards set forth in N.J.S.A. 30:4C-15.1(a), warrant termination of R.A ... 103 N.J. 591 , 604-11 (1986), now codified in N.J.S.A . 30:4C-15.1. The statute provides: a. The division ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1)-(4).] The four ...

docket:	a2562-07
court:	New Jersey Superior Court Appellate Division
decided:	2008-10-27
status:	unpublished
citation:
Document Size:	86850

2800 Miller v. Estate of Sperling -- rank: 826

... two-year statute of limitations that governs medical malpractice claims, N.J.S.A. 2A:14-2. The Law Division granted the motion, finding ... filed within two years of Ann's death, pursuant to N.J.S.A. 2A:31-3. Although the court noted that the issue ... of action. (Pp. 7-16). 2.����The Court overrules Knabe . N.J.S.A. 2A:31-1 reflects a legislative intent to use the ... to file a timely personal injury claim would conflict with N.J.S.A. 2A:31-3, which provides that �[e]very action brought ... two-year statute of limitations that governs medical malpractice claims, N.J.S.A. 2A:14-2. The Law Division, citing Baird v. American ... contended that the two-year wrongful death statute of limitations, N.J.S.A. 2A:31-3, governed plaintiff's claim that Dr. ...

docket:	a-90-99
court:	njsupreme
decided:	2001-01-22
status:
citation:	166 N.J. 370
Document Size:	61938

2801 STATE OF NEW JERSEY v. MICHAEL COPPOLA -- rank: 826

... a jury, defendant Michael Coppola was convicted of aggravated manslaughter, N.J.S.A. 2C:39-4d, (count three), was merged with count one ... the model jury charge on self-defense against an intruder, N.J.S.A. 2C:3-4c, at defendant's request, but also instructed ... jury, over defendant's objection, as to general self- defense, N.J.S.A. 2C:3a- and 2C:3b. Defendant moved for acquittal on ... a lesser kind of culpability suffices to establish its commission. [N.J.S.A. 2C:1-8d.] In this case, there was a substantial ...

docket:	a0256-08
court:	superior court appellate division
decided:	2010-09-07
status:	unpublished
citation:
Document Size:	94149

2802 JOSEPH MARIONI v. 94 BROADWAY, INC. -- rank: 826

... provisions of the deed or mortgage between the parties filed," N.J.S.A. 46:16A-4, within the forty-five day period set forth in N.J.S.A. 46:16A-5. The interest that plaintiff seeks to enforce ... recording notices of settlement that changes these fundamental rights. ����Instead, N.J.S.A. 46:16A-4, and the other related statutes, merely present ... s recorded notice of settlement. In discussing the purpose of N.J.S.A. 46:16A-4, we then observed that "the articulated objective ... his reliance upon whatever rights were provided by way of N.J.S.A. 46:16A-4. See Mezey , supra , 254 N.J. Super ...

docket:	a6129-02
court:	njappellate
decided:	2005-02-08
status:	published
citation:	374 N.J. Super. 588
Document Size:	82927

2803 PATRICIA C. MYSKA v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY -- rank: 826

... defendant insurers for violation of the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -195. Prior to discovery, the Law ... person has in fact been misled, deceived or damaged thereby. [ N.J.S.A. 56:8-2.] Further, "[t]he Legislature included 'services' within ... Agostino v. Maldonado , 216 N.J. 168 , 187 (2013) (quoting N.J.S.A. 56:8-1(c)). Thus, although the CFA must be ...

docket:	a4398-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-08
status:	published
citation:
Document Size:	92375

2804 GARVIN MCKNIGHT v. OFFICE OF THE PUBLIC DEFENDER, et al. -- rank: 826

... a public entity and its employee, the Tort Claims Act, N.J.S.A. 59:1-1 to 12-3, has application to the ... the ninetieth day after accrual of the cause of action," N.J.S.A. 59:8-8. This motion brought to a head the ... September 21, 2000, and that the limitations period contained in N.J.S.A. 59:8-9 for the filing of a malpractice claim ... Defender into a case under the Tort Claims Act (TCA), N.J.S.A. 59:8-1 to - 11. That would involve almost every ... action, but also with notice requirements under the TCA. See N.J.S.A. 59:8-8, -9. Because our TCA is patterned after ... year statute of limitations after filing the petition for PCR, N.J.S.A. 59:8-8 and -9; Stoeckel v. Twp. Of ...

docket:	a5527-05
court:	njappellate
decided:	2007-12-31
status:	published
citation:	397 N.J.Super. 265
Document Size:	146598

2805 ROGER SMITH et al. v. ALZA CORPORATION -- rank: 826

... s complaint finding that defendant qualified for "seller" immunity under N.J.S.A. 2A:58C-1 to -11. We adhere to the latter ... claims, including those under the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 to 8-20, over Alabama's counterparts ... is time-barred and, alternatively, that defendant was a "seller," N.J.S.A. 2A:58C-8, and therefore entitled to seller's immunity, N.J.S.A. 2A:58C-9. The motion judge, applying the "governmental interests ... the alleged defect, which would prevent them from utilizing the [ N.J.S.A. 2A:58C-8, and therefore not entitled to seller's immunity under N.J.S.A. 2A:58C-9. Defendant disagrees, and cross-appeals, arguing ...

docket:	a4277-06
court:	njappellate
decided:	2008-06-09
status:	published
citation:	400 N.J.Super. 529
Document Size:	112539