Search Rutgers Law Library N.J. Court Opinions

3181 BRIAN FRUGIS and SUSAN FRUGIS, Individually, et al. v. SAMUEL BRACIGLIANO, -- rank: 822

... Board claims that pursuant to the Joint Tortfeasors Contribution Law, N.J.S.A. 59:9-3.1, the jury should have been directed ... plaintiffs' contention has attraction and potential merit, we conclude that N.J.S.A. 59:9-3.1 requires its rejection. The statute provides ... follows:             Notwithstanding the provisions of [the Joint Tortfeasors Contribution Law, N.J.S.A. 2A:15-5.1 to -5.8,] or any other ... or public employee and only to the extent authorized by [ N.J.S.A. 59:9-2 and N.J.S.A. 59:9-4].     The legislative history of N.J.S.A. 59:9-3.1 indicates that its specific purpose ...

docket:	a6349-99
court:	njappellate
decided:	2002-03-22
status:	published
citation:	351 N.J. Super. 328
Document Size:	61496

3182 /usr/local/share/www/libweb/collections/courts/appellate/a0381-20.opn.html -- rank: 822

... of M.M. (a victim less than thirteen years old), N.J.S.A. 2C:14- 2A(1); second-degree sexual assault of M ... years old and the defendant at least four years older), N.J.S.A. 2C:14-2B; first- degree aggravated sexual assault of M ... defendant is related to the victim by blood or affinity), N.J.S.A. 14-2A(2); second-degree sexual assault of M.M ... years old and the actor at least four years older), N.J.S.A. 2C:14-2C(4); fourth-degree criminal sexual contact of M.M., A-0381-20 4 N.J.S.A. 2C:14-3B; second-degree endangering the welfare of a ... or having assumed responsibility for the care of a child), N.J.S.A. 2C:24-4A(1); first-degree aggravated sexual assault ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	41802

3183 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is only binding on the parties in the case and its use in other cases is limited. R.1:36-3 A-03010-14T3 STATE OF NEW J -- rank: 822

... Youth and Family Services (DYFS or the Division) 1 records, N.J.S.A. 9:6-8.10(b), a fourth-degree offense, and ... the disorderly persons offense of obstructing the administration of law, N.J.S.A. 2C:29-1. For the reasons that follow, we reverse ... form also included a "statement of conclusion" describing the abuse. N.J.S.A. 9:6-8.10a(a) addresses the limited circumstances in ... part: All records of child abuse reports made pursuant to [ N.J.S.A. 9:6-8.10], all information obtained by the Department ... Families in investigating such reports including reports received pursuant to [ N.J.S.A. 9:6-8.40], and all reports of findings forwarded to the child abuse registry pursuant to [ N.J.S.A. 9:6-8.11] shall be kept confidential and ...

docket:	a3010-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	70297

3184 Daniel Angland v. Mountain Creek Resort, Inc. -- rank: 822

... statutory standard of care in the New Jersey Ski Act, N.J.S.A. 5:13-1 to -12, governs claims made between skiers ... to avoiding collisions with or injury to other skiers. See N.J.S.A. 5:13-4(b)(4), (b)(5). Second, the court ... define[] the responsibility of ski area operators and skiers.” N.J.S.A. 5:13-1(b). Third, the court relied on language ... question about the applicability of the New Jersey Ski Act, N.J.S.A. 5:13-1 to -12, to the claims brought by ... contrary to the resort’s statutory duty of care. See N.J.S.A. 5:13-3(a)(3). When Mountain Creek filed its ... that are imposed on skiers by the Ski Act, see N.J.S.A. 5:13-4, and that he therefore was liable ...

docket:	A-57-11
court:	NJ Supreme Court
decided:	2013-06-06
status:
citation:
Document Size:	79980

3185 MICHAEL LANG v. CITY OF JERSEY CITY DEPUTY POLICE -- rank: 822

... of Captain Cowan, charged plaintiff with driving while intoxicated (DWI), N.J.S.A. 39:4-50. Plaintiff was transported from the BP station ... was charged with refusal to submit to a breath test, N.J.S.A. 39:4-50.2. The male assailant was charged with ... 4 A-0654-16T1 New Jersey Civil Rights Act (CRA), N.J.S.A. 10:6-1 to -2.1 The five counts alleged ... that the moving party 1 Plaintiff's complaint mistakenly cited ' N.J.S.A. 10:5-1 et seq.,' which is the Law Against ... action for damages and for injunctive or other appropriate relief.' N.J.S.A. 10:6-2(c). The CRA 'is a means of ... a motor vehicle while under the influence of intoxicating liquor.' N.J.S.A. 39:4-50(a). That statute does not require ...

docket:	a0654-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-04
status:	unpublished
citation:
Document Size:	117126

3186 MARC J. MIGNANO v. JIM SULLIVAN, INC. -- rank: 822

... judgment finding them liable under the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3, and 42 U.S ... required to comply with the Industrial Site Recovery Act (ISRA), N.J.S.A. 13:1K-6 to -14. Accutherm thereafter filed with the ... for the unpaid taxes pursuant to the Tax Sale Law, N.J.S.A. 54:5-19 to -137. Also in 1994, Sullivan moved ... proceeds would be deemed a collateral source of recovery under N.J.S.A. 59:9-2(e), thereby reducing the damages payable by ... Accutherm site pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.11z. N.J. Dep ... such negligence justified imposition of liability under the TCA, specifically N.J.S.A. 59:2-2(a). The judge rejected the Township' ...

docket:	a2995-12
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	125617

3187 EGG HARBOR TOWNSHIP BOARD OF EDUCATION v. EGG HARBOR TOWNSHIP EDUCATION ASSOCIATION -- rank: 822

... was a permissible exercise of "managerial prerogative" in accordance with N.J.S.A. 18A:27-4.1(b), which fell outside the stated ... charged with administering the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-5.2, and has primary jurisdiction to determine ... Educ. Ass'n , supra , 78 N.J. at 155 (citing N.J.S.A. 34:13A-5.4(d)). PERC's role is to ... the parties can legally negotiate and make subject to arbitration. N.J.S.A. 34:13A-5.4(d). PERC may not interpret contracts ... granted by law." (emphasis added). Apt to this mandate is N.J.S.A. 18A:27-4.1, which governs a board of education ... non-renewal remains a prerogative of the Board pursuant to N.J.S.A. 18A:27-4.1." Camden Bd. of Educ. v. ...

docket:	a3035-14
court:	New Jersey Superior Court Appellate Division
decided:	2016-02-02
status:	Published
citation:
Document Size:	49153

3188 Patterson v. Board of Trustees, State Police Retirement System -- rank: 822

... an exclusively psychological trauma. The Court takes guidance, however, from N.J.S.A. 40A:14-195 to -198, a statute that provides for ... s response involved intense fear, helplessness or horror. In enacting N.J.S.A. 40A:14-196, describing events potentially experienced by law enforcement ... disability retirement provisions of the State Police Retirement System (SPRS), N.J.S.A. 53:5A-1 to -47, and the Police and Firemen’s Retirement System (PFRS), N.J.S.A. 43:16A-1 to -68. In particular, we have been ... provisions for the grant of ordinary and accidental disability benefits. N.J.S.A. 43:16A-6; N.J.S.A. 43:16A-7. 1 The statutes provide that a ...

docket:	a-99-05
court:
decided:	2008-03-11
status:
citation:	194 N.J. 29
Document Size:	111362

3189 FABIAN FAZZARI v. BOARD OF TRUSTEES, THE POLICE AND FIREMEN'S RETIREMENT SYSTEM -- rank: 822

... and to such an extent that he should be retired. [ N.J.S.A. 43:16A-6(1).] Although Fazzari premised his disability on ... result of the performance of his regular or assigned duties." N.J.S.A. 43:16A-7. In addition, the retirement application must be ... of Fazzari's application for accidental disability benefits. In discussing N.J.S.A. 43:16A-7(1), Richardson , and Patterson , the ALJ conclude ... N.J. Super. 480, 485 (App. Div. 2002); see also N.J.S.A. 52:14B-10(c) (An agency head may only reject ... found that the incident was not a "traumatic event" under N.J.S.A. 43:16A-7. Ibid. Russo appealed. Ibid. Before the ALJ ... but held that his claim was filed out of time. N.J.S.A. 43:16A-7(1) requires the applicant to seek ...

docket:	a0351-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-19
status:	unpublished
citation:
Document Size:	89551

3190 /usr/local/share/www/libweb/collections/courts/appellate/a5409-18.opn.html -- rank: 822

... We affirmed. St. Louis, LLC v. Anthony & Sylvan Pools 1 N.J.S.A. 56:8-1 to -226. A-5409-18 3 Corp ...

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3191 State v. Azem Cuni -- rank: 822

... to withhold consent to sexual acts, the Rape Shield Law, N.J.S.A. 2C:14-7, may be applied to exclude evidence of ... to consent.     The Legislature enacted the first Rape Shield Law, N.J.S.A. 2C:14-7, as part of the revision of the ... is a person other than the defendant. See footnote 4 [ N.J.S.A. 2C:14-7 (1988).] This Court has stated that the ... for a court order " before the trial or preliminary hearing." N.J.S.A. 2C:14-7a (emphasis added). The only exception to that ... Appellant. STEIN, J., dissenting.          New Jersey's Rape Shield Law, N.J.S.A. 2C:14-7, was enacted primarily to protect sexual assault ... issues, or unwarranted invasion of the privacy of the victim." N.J.S.A. 2C:14-7. Similarly, the confrontation clause does not ...

docket:	a-141-97
court:	njsupreme
decided:	1999-06-14
status:
citation:	159 N.J. 584
Document Size:	79122

3192 STATE OF NEW JERSEY v. L.V. -- rank: 822

... conviction on two counts of first-degree aggravated sexual assault ( N.J.S.A. 2C:14-2(a)), two counts of second-degree aggravated sexual assault ( N.J.S.A. 2C:14-2(b), (c)), and one count of second-degree endangering the welfare of a child ( N.J.S.A. 2C:24-4). Larry also appeals his aggregate sentence of ... parole-ineligibility provisions of the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. We affirm. I. We discern the ... indicted in June 2006. Pursuant to the Rape Shield Law, N.J.S.A. 2C:14-7, 2 before trial, defense counsel sought leave ... required to comply with the provisions of Megan's Law, N.J.S.A. 2C:7-2. 3 This appeal followed. II. Larry ...

docket:	a4430-10
court:	NJ Superior Court Appellate Division
decided:	2013-04-24
status:	unpublished
citation:
Document Size:	57070

3193 STATE OF NEW JERSEY v. ARCADIO J. NOVA -- rank: 822

... jury and found guilty of first-degree kidnapping, contrary to N.J.S.A. 2C:13-1(b)(1), and other offenses. The trial ... ineligibility as prescribed by the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant appeals from the judgment of ... with second-degree attempting to lure or entice a minor, N.J.S.A. 2C:13-6 (count one); first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1) (count two); second-degree sexual assault, N.J.S.A. 2C:14-2(b) (count three); third-degree endangering the welfare of a child, N.J.S.A. 2C:24- 4(a) (count four); first-degree kidnapping, ...

docket:	a1915-15
court:	NJ Superior Court Appellate Division
decided:	2019-02-15
status:	Unpublished
citation:
Document Size:	61883

3194 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.O.1 and A.O and T.A -- rank: 822

... found he abused his niece L.A.O., pursuant to N.J.S.A. 9:6- 8.21(c). The Law Guardian, on behalf ... complaint seeking care and supervision of the children pursuant to N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C- 12. At the factfinding hearing, the Division presented ... inflicting unnecessary severe corporal punishment on a child constitutes abuse. N.J.S.A. 9:6- 1. In fact, any act or omission that ... judge entered the April 10, 2019 order finding, pursuant to N.J.S.A. 9:6-8.21(c), the Division proved by a ... T.A.] BY WAY OF EXCESSIVE CORPORAL PUNISHMENT ENCOMPASSED IN N.J.S.A. 9:6-8.21(C)(4)(B). [POINT] III. ...

docket:	a5598-18
court:	NJ Superior Court Appellate Division
decided:	2021-03-03
status:	Unpublished
citation:
Document Size:	46563

3195 Samuel Mejia v. Quest Diagnostics, Inc. -- rank: 822

... be 60% or more responsible for the total damages.” N.J.S.A. 2A:15-5.3(a). In that instance, the party ... ’” Jones, 230 N.J. at 159-60 (quoting N.J.S.A. 2A:15-5.3(e)). A defendant may file a ... is compelled to pay more than his percentage share,” N.J.S.A. 2A:15-5.3(e), and the trier of fact ... accords a percentage of fault against the third-party defendant, N.J.S.A. 2A:15-5.2(a)(2). In that instance, the ... to Fernandez could affect plaintiff’s recovery under provisions of N.J.S.A. 2A:15-5.3. The fact that plaintiff cannot recover ... the notice-of-claims provision of the Tort Claims Act, N.J.S.A. 59:8-8. 230 N.J. at 148-49. ...

docket:	a-88-18
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	45320