Search Rutgers Law Library N.J. Court Opinions

32461 SAMUEL A. MELIA et al. v. DANIEL WALSH -- rank: 636

... did not have a medical expert to establish permanency. See N.J.S.A. 39:6A-8, plaintiffs noted it applies only to lawsuits ... by two or more relatives resident in the same household. [ N.J.S.A. 39:6A-2(a).] In the Law Division and on ... Toyota pickup truck qualifies as a private passenger vehicle under [ N.J.S.A. 39:6A-2(a)]. On August 22, 2005, plaintiffs filed ... up truck . . . to receive the classification as an 'automobile' under N.J.S.A. 39:6A-2a it must be owned only by an ...

docket:	a5482-05
court:	njappellate
decided:	2008-04-02
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	62807

32462 JOHN J. ROBERTELLI v. THE NEW JERSEY OFFICE OF ATTORNEY ETHICS -- rank: 636

... Plaintiffs posit that because the Uniform Declaratory Judgment Act (UDJA) N.J.S.A. 2A:16-50 to -62, grants the Superior Court jurisdiction ... objection on the ground that a declaratory judgment is demanded. [ N.J.S.A. 2A:16-52 (emphasis added).] Accordingly, both the trial court ...

docket:	a3018-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-03
status:	unpublished
citation:
Document Size:	26857

32463 NORTH JERSEY MEDIA GROUP INC. v. BOROUGH OF PARAMUS -- rank: 636

... requested records pursuant to the Open Public Records Act ("OPRA"), N.J.S.A. 47:1A-1 to -13, and for statutory counsel fees ... interest; and (4) they are exempt from disclosure pursuant to N.J.S.A. 47:1A-3(a), the "investigations in progress" provision, as ... they are "government records" subject to disclosure under OPRA. See N.J.S.A. 47:1A-1.1 (defining "government record" as being "made ... Jersey law, namely, the Destruction of Public Records Law ("DPRL"), N.J.S.A. 47:3-15 to -32, and the related regulations and ... a particular item to be "maintained or kept on file," N.J.S.A. 47:1A-1.1, because DARM is not a law ... the requested records were not exempt as criminal investigatory records. N.J.S.A. 47:1A-1.1 (excluding from disclosure a "criminal ...

docket:	a5349-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-13
status:	unpublished
citation:
Document Size:	20092

32464 DIVISION OF CHILD PROTECTION AND PERMANENCY v. B.D. -- rank: 636

... under the four statutory prongs established by the Legislature in N.J.S.A. 30:4C-15.1(a). We discern no legal basis ... Katz applied this evidence to the four statutory prongs in N.J.S.A. 30:4C-15.1(a) to determine whether the Division had met its burden of proof. N.J.S.A. 30:4C-15.1(a) provides that the Division must ... child's best interest. Stated differently, the four factors in N.J.S.A. 30:4C-15.1(a) "prescribe[] an integrated multi-element ... to the Dodd Act, which, as amended, is found at N.J.S.A . 9:6-8.21 to -8.82. The Act was ...

docket:	a4883-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-05
status:	unpublished
citation:
Document Size:	20690

32465 STATE OF NEW JERSEY v. SHARIFF MUHAMMAD -- rank: 636

... affirm. A grand jury indicted defendant for first-degree murder, N.J.S.A. 2C:11-3a(1) and (2); fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5d; and third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4d. The charges stemmed from the stabbing death ... pled guilty to an amended charge of first-degree manslaughter, N.J.S.A. 2C:11-4a, in exchange for a twenty-year term ... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. At the plea hearing before Judge ... causes death under circumstances manifesting extreme indifference to human life." N.J.S.A. 2C:11-4a(1). The State must prove beyond ...

docket:	a4392-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-17
status:	unpublished
citation:
Document Size:	20976

32466 STATE OF NEW JERSEY v. SHEM WALKER -- rank: 636

... Walker was convicted of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2, first-degree robbery, N.J.S.A. 2C:15-1, reckless manslaughter as a lesser-included offense of murder, N.J.S.A. 2C:11-4(b)(1), felony murder, N.J.S.A. 2C:11-3(a)(3), and fourth-degree possession of a weapon, N.J.S.A. 2C:39-4(d). State v. Walker , 203 N.J ... with defendant's prior statement to the police. Affirmed. 1 N.J.S.A. 2C:11-3(a)(3) provides an affirmative defense ...

docket:	a1853-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-05
status:	unpublished
citation:
Document Size:	19427

32467 JOHN BARBERO v. ALEXY JOHN -- rank: 636

... evidence rule does not bar relief, the statute of frauds, N.J.S.A. 2:1-15, does not bar relief, and John is ... Next, the three agreements here were patently sufficient writings under N.J.S.A. 25:1-13, memorializing the critical terms of the real ...

docket:	a4137-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-02
status:	unpublished
citation:
Document Size:	22499

32468 MI JA JAE v. METROPOLITAN LIFE INSURANCE COMPANY -- rank: 636

... also alleged Kim violated the Insurance Fraud Prevention Act (IFPA). N.J.S.A. 17:33A-1 to -30. During discovery, MetLife learned: Kim ... App. Div.), certif. denied , 81 N.J. 53 (1979)); see N.J.S.A. 17B:25-4. An insurer is entitled to rescission based ... v. Manzo , 122 N.J. 104, 118 (1991); see also N.J.S.A. 17B:24-3(d) ("The falsity of any statement in ...

docket:	a2302-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-14
status:	unpublished
citation:
Document Size:	29362

32469 JAMES B. HEALY VS FAIRLEIGH DICKINSON UNIVERSITY, ET. AL -- rank: 636

... for tenure under the State and County College Tenure Act, N.J.S.A. 18A:60-1 to -15, automatically acquired tenure by operation ...

docket:	a6906-93
court:	njappellate
decided:	1996-02-20
status:	published
citation:	287 N.J.Super. 407
Document Size:	20144

32470 IN THE MATTER OF LORI A. MUNSON -- rank: 636

... children pursuant to the provisions of the Wrongful Death Act. N.J.S.A. 2A:31-4, which governs the distribution of the amount ... erred in distributing all of the settlement proceeds pursuant to N.J.S.A. 2A:31-4, since the settlement included a survivorship claim ... action were distributable pursuant to the laws of intestate succession, N.J.S.A. 3B:5-1 to -14, and the focus of the ... aware of the distribution provisions of the wrongful death statute, N.J.S.A. 2A:31-4, all attention turned to it. In that ... counsel for Munson at several points conceded the applicability of N.J.S.A. 2A:31-4, for instance, stating while discussing the form ... full amount of the settlement to decedent's two children. N.J.S.A. 2A:31-4 vests the court with the authority ...

docket:	A2745-05
court:	NJ Superior Court Appellate Division
decided:	2006-11-30
status:	unpublished
citation:
Document Size:	35221

32471 ANDREA PERNA v. JOHN J. WILLIAMS -- rank: 636

... the trial judge regarding the passing-on-the-right statute, N.J.S.A. 39:4-85. We reject plaintiff's contentions, and affirm ... judge erred in charging the jury with the elements of N.J.S.A. 39:4-85, a statute that prohibits passing on the ... roadway are moving in two or more substantially continuous lines." N.J.S.A. 39:4-85. Neither of those two enumerated statutory exceptions ... judge to have instructed the jury on the substance of N.J.S.A. 39:4-85, a motor vehicle statute, in connection with ... court to have granted defense counsel's request to charge N.J.S.A. 39:4-85. As we have already noted, the statute ... not pertain here. As this court has noted in construing N.J.S.A. 39:4-85, "the statute prohibits passing on the ...

docket:	a5508-08
court:	superior court appellate division
decided:	2010-06-18
status:	Unpublished
citation:
Document Size:	29444

32472 COMMONWEALTH LAND TITLE INSURANCE COMPANY et al. v. ROY E. KURNOS, ESQ., -- rank: 636

... barred by the six-year limitation period set forth in N.J.S.A. 2A:14-1. The motion judge concluded that the statute ...

docket:	a5137-99
court:	njappellate
decided:	2001-06-06
status:	published
citation:	340 N.J. Super. 25
Document Size:	18997

32473 THOMAS & LYNN CORSIE V. MICHAEL CAMPANALONGA ET ALS -- rank: 636

... cleric-penitent" privilege. The cleric-penitent privilege is codified at N.J.S.A. 2A:84A-23, See footnote 2 which provides:             Any communication ... in confidence" to the Vicar are protected by the privilege. N.J.S.A. 2A:84A-23. It is undisputed that the Vicar was ...

docket:	a5016-97
court:	njappellate
decided:	1998-11-17
status:	published
citation:	317 N.J.Super. 177
Document Size:	21678

32474 DOROTHY RUSSELL v. YVETTE BRIDGES, M.D -- rank: 636

... Care Access and Responsibility and Patients First Act (the Act), N.J.S.A. 2A:53A-37 to -42, was enacted in 2004 and ... J. Super. 24, 39 (App. Div.) (upholding the validity of N.J.S.A. 2A:53A-41), certif. denied , 188 N.J. 491 (2006). N.J.S.A. 2A:53A-41 provides, in relevant part, that: In an ... Medical Specialties or the American Osteopathic Association; or (c) both. [ N.J.S.A. 2A:53A-41 (emphasis added).] As more succinctly stated in ... allows for waiver of these requirements in certain circumstances. See N.J.S.A. 2A:53A-41(c). Such waiver can only be granted ... N.J. 377 (2011), the Court reviewed the requirements of N.J.S.A. 2A:53A-41 in the context of compliance with ...

docket:	a5059-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-08
status:	unpublished
citation:
Document Size:	21735

32475 DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.J. -- rank: 635

... s finding that this conduct constituted abuse or neglect under N.J.S.A. 9:6-8.21(c)(4)(b). The Law Guardian ... of the evidence that the child was abused or neglected. N.J.S.A. 9:6-8.46(b). In pertinent part, N.J.S.A. 9:6-8.21(c)(4)(b) defines an "abused ...

docket:	a4402-15
court:	NJ Superior Court Appellate Division
decided:	2017-09-22
status:	unpublished
citation:
Document Size:	20234