Search Rutgers Law Library N.J. Court Opinions

32581 STATE OF NEW JERSEY v. STEPHEN A. ADRIAN -- rank: 635

... a motor vehicle while under the influence of alcohol (DWI), N.J.S.A. 39:4-50. The Law Division judge imposed the same ... DWI under both the per se and subjective prongs of N.J.S.A. 39:4-50. He found defendant not guilty of the ... its burden of proof under the per se prong of N.J.S.A. 39:4-50. However, Judge Austin found defendant guilty based ... the officer's observations, i.e., the subjective prong of N.J.S.A. 39:4-50. The judge commented on the fact that ... vehicle under the influence of intoxicating liquor as prohibited by N.J.S.A. 39:4-50. Rather, the court should examine the totality ... influence of alcohol: an accident that caused property damage, see N.J.S.A. 39:4-50 (property damage in accident is factor ...

docket:	A1412-06
court:	NJ Superior Court Appellate Division
decided:	2008-02-21
status:	unpublished
citation:
Document Size:	44566

32582 IGNACIO FLORES v. PARAGON CONSTRUCTION & RESTORATION, L.L.C. -- rank: 635

... Flores was not an employee of Paragon as defined by N.J.S.A. 34:15-36 and is not entitled to workers' compensation ... to have been soundly based upon existing statutes and precedent. N .J.S.A. 34:15-36 defines an employee as "synonymous with servant ...

docket:	a1035-07
court:	NJ Superior Court Appellate Division
decided:	2008-09-15
status:	unpublished
citation:
Document Size:	42789

32583 DINA MELANI v. PASSAIC COUNTY BOARD OF FREE HOLDERS -- rank: 635

... Plaintiff Dina Melani sought damages and counsel fees pursuant to N.J.S.A. 11A:10-4 and 11A:10-5 for alleged violations of the Civil Service Act, N.J.S.A. 11A:1-1 to 12-6, by defendants Passaic County ... not foreclose further action on Melani's part pursuant to N.J.S.A. 11A:10-4 (action for enforcement), N.J.S.A. [11A:10-5] (resident actions) or any other applicable statute ... creation of new job titles and arrangements for competitive exams. N.J.S.A. 11A:4-13. Once examinations are administered, a list is ... priorities that ensure that the most qualified candidates are appointed. N.J.S.A. 11A:4-8. The obvious purpose of the Civil ...

docket:	a5827-06
court:	njappellate
decided:	2009-03-17
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	32024

32584 FLIMON TESFAMARIAN VS. HABTE FREZGHI AND WEST MADISON, LLC. -- rank: 635

... also dismissed plaintiff's claim of adverse possession pursuant to N.J.S.A. 2A:14-30, finding plaintiff had not been in actual ... and adversely' since 2016, a period of six years, despite N.J.S.A. 2A:14-30's requirement of a minimum thirty-year ...

docket:	a0549-22
court:	appellate
decided:	2024-07-10
status:	Unpublished
citation:
Document Size:	18038

32585 MONIQUE BROWNLEE v. TOWN SPORTS INTERNATIONAL HOLDINGS, INC. -- rank: 635

... in violation of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to –49, and the New Jersey Family Leave Act, N.J.S.A. 34:11B-1 to –16, and intentional infliction of ... 168 N.J. 124, 131 (2001). The Uniform Arbitration Act, N.J.S.A. 2A:23B-1 to -32, provides that agreements to arbitrate ... law or in equity for the revocation of a contract.' N.J.S.A. 2A:23B-6. 'An arbitration agreement is a contract and ...

docket:	a0816-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-08
status:	Unpublished
citation:
Document Size:	16700

32586 ROBERT J. PACILLI HOMES, LLC v. PILESGROVE TOWNSHIP PLANNING BOARD -- rank: 635

... and $20,999.74, respectively, under the frivolous litigation statute, N.J.S.A. 2A:15-59.1. Pacilli cross-appealed from a portion ...

docket:	a3942-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-13
status:	unpublished
citation:
Document Size:	24362

32587 CHARLES TERRELL v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 635

... identified declarant). Although hearsay is admissible in an agency hearing, N.J.S.A. 52:14B-10(a), an adjudication in a disciplinary charge ...

docket:	a2225-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-09
status:	unpublished
citation:
Document Size:	17797

32588 STATE OF NEW JERSEY v. SHAQUANA M. WALKER -- rank: 635

... one count of second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b). At trial, Trooper Ariza was the ... a prior conviction to affect the credibility of a witness, N.J.S.A. 2A:81-12, State v. Sands , 76 N.J. 127 ...

docket:	a1159-12
court:	NJ Superior Court Appellate Division
decided:	2013-10-28
status:	unpublished
citation:
Document Size:	24263

32589 JAMES A. HUDDY et al. v. NUSKO, LLC, SHAWN YESKO, et al. -- rank: 635

... intent to foreclose as required by the Fair Foreclosure Act, N.J.S.A. 2A:50-53 to -68. On June 8, 2005, plaintiffs ... principal due asserting that defendants violated the criminal usury statute, N.J.S.A. 2C:21-19, the Consumer Fraud Act, N.J.S.A. 56:8-1 to -167, and other consumer protection statutes ... of $23,057.24 pursuant to the frivolous litigation statute, N.J.S.A. 2A:15-59.1. Oral argument was held on June ... denied defendants' application for payment of attorneys fees bottomed on N.J.S.A. 2A:15-59.1. The motion judge then stated the ...

docket:	a5912-05
court:	njappellate
decided:	2008-02-15
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	40850

32590 DARLEEN BRUNNER v. VERTIS, INC. and PETER TINDALL -- rank: 635

... in violation of the New Jersey Law Against Discrimination (NJLAD), N.J.S.A. 10:5-1 to -49. She also alleged that her ...

docket:	a0036-07
court:	NJ Superior Court Appellate Division
decided:	2008-11-24
status:	unpublished
citation:
Document Size:	39674

32591 STATE OF NEW JERSEY v. JEVON ROBINSON -- rank: 635

... same day, he pled guilty to first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a), and second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1). In pleading guilty defendant admitted ... in prison subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The State also recommended that defendant ... age. The court then found aggravating factors three and nine, N.J.S.A. 2C:44-1(a)(3) and (9), and mitigating factors six and twelve, N.J.S.A. 2C:44-1(b)(6) and (12). The court also ...

docket:	a0039-19
court:	NJ Superior Court Appellate Division
decided:	2020-11-25
status:	Unpublished
citation:
Document Size:	15706

32592 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. W.F -- rank: 635

... prongs three and four of the best interests test. See N.J.S.A. 30:4C- 15.1(a). He further contends the Division ... of parental rights will not do more harm than good. [N.J.S.A. 30:40C-15.1(a).] We defer to the trial ...

docket:	a5880-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-11
status:	Unpublished
citation:
Document Size:	16597

32593 LARRY PRICE v. LIBERTY PARK AT UNION CITY, LLC -- rank: 635

... approval and, in particular, a conditional use variance pursuant to N.J.S.A. 40:55D-70(d). As part of this application, Liberty ... Park also sought variances for the parking lot, pursuant to N.J.S.A. 40:55D-70(c)(2), as well as certain waivers ... be present at a meeting to constitute a quorum. See N.J.S.A. 40:55D-6 (providing ''[q]uorum' means the majority of ... transcript of the April meeting before the May one. See N.J.S.A. 40:55D-10.2 (providing that if a member of ... the transcript or listened to the recording of such hearing). N.J.S.A. 40:55D-9 provides that no action shall be taken ... transcript or heard a recording of that hearing pursuant to N.J.S.A. 40:55D-10.2, that member cannot be counted ...

docket:	a0032-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-20
status:	Unpublished
citation:
Document Size:	13815

32594 LINDA BRIGANTE v. TENAFLY BOARD OF EDUCATION -- rank: 635

... Ins. Co. of Am. , 142 N.J. 520 , 536 (1995)) . N.J.S.A. 59:4-2 addresses a dangerous condition of public property ... to correct it was palpably unreasonable. The Tort Claims Act, N.J.S.A. 59:1-1 to 12-3, defines "dangerous condition" as ... which it is reasonably foreseeable that it will be used." N.J.S.A. 59:4-1a. "Thus the standard is whether any member ...

docket:	a0279-13
court:	NJ Superior Court Appellate Division
decided:	2014-11-25
status:	unpublished
citation:
Document Size:	24446

32595 STATE OF NEW JERSEY IN THE INTEREST OF A.S. -- rank: 635

... committed by an adult, would have been third-degree burglary, N.J.S.A. 2C:18-2(a)(1), third-degree theft, N.J.S.A. 2C:20-3(a), and third-degree conspiracy, N.J.S.A. 2C:5-2(a), all committed in Cape May County ... amended charge of what would be fourth-degree criminal trespass, N.J.S.A. 2C:18-3(a), if committed by an adult. In ... State agreed to a six-month deferred disposition pursuant to N.J.S.A. 2A:4A-43(b)(1), with the charges to be ... charged that a juvenile has committed an act of delinquency . . . ." N.J.S.A . 2A:4A-24(a); State in the Interest of ...

docket:	a4772-12
court:	NJ Superior Court Appellate Division
decided:	2015-06-15
status:	unpublished
citation:
Document Size:	16789