Search Rutgers Law Library N.J. Court Opinions

36046 STATE OF NEW JERSEY v. DOROTHY F. HAINES, a/k/a FAITH ANN HAINES -- rank: 605

... her right to indictment and pled guilty to aggravated manslaughter, N.J.S.A. 2C:11-4a, and hindering her own apprehension and prosecution, N.J.S.A. 2C:29-3b. As the prosecutor and defense counsel explained ... trial court found no mitigating factors and four aggravating factors, N.J.S.A. 2C:43-7.2, and a consecutive five-year term ...

docket:	a2761-06
court:	NJ Superior Court Appellate Division
decided:	2008-12-01
status:	unpublished
citation:
Document Size:	32869

36047 STATE OF NEW JERSEY v. DONALD HETRICK -- rank: 605

... hearing, entered a guilty plea to first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a)(1). He was sentenced on May ... Early Release Act's eighty-five percent parole ineligibility. See N.J.S.A. 2C:43-7.2(a). Defendant did not file a ... mitigating factors four, five, seven, eight, nine, and ten. See N.J.S.A. 2C:44-1(b)(4), (5), (7) to (10). The ...

docket:	a5652-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-08
status:	unpublished
citation:
Document Size:	17349

36048 VERONICA OWENS v. CITY OF NEWARK -- rank: 605

... with the notice requirements under the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3; 2) the City is ... that the City is not entitled to weather immunity under N.J.S.A. 59:4-7. We note that the motion judge did ... of streets and highways of weather conditions." By its terms, N.J.S.A. 59:4-7 does not apply to injuries that occur ... not occur on a "street" or "highway" for purposes of N.J.S.A. 59:4-7 when plaintiff alleged that injury occurred on ...

docket:	A1404-06
court:	NJ Superior Court Appellate Division
decided:	2007-06-05
status:	unpublished
citation:
Document Size:	33780

36049 ELEANOR MASLO v. CITY OF JERSEY CITY, et al. -- rank: 605

... or of public employee creation of the condition, required under N.J.S.A. 59:4-2- 3, to defeat a summary judgment motion ... the judge declined to comment about the qualification contained in N.J.S.A. 59:4-2 providing that, "[n]othing in this section ... interpretation of the Act and the Commission's Comment to N.J.S.A. 59:4-2 that "'recognize[d] the difficulties inherent in ...

docket:	A2994-00
court:	NJ Superior Court Appellate Division
decided:	2002-01-07
status:	published
citation:	346 N.J. Super. 346 787 A.2d 963
Document Size:	14022

36050 HELEN M. AIOSA, DIANE BEARD MICHAEL BEARD, JOAN M BOLAND WILLIAM E. BOLAND, G KEVIN CALLAHAN, ELIZABETH CAPRA RALPH CAPRA, RICHARD G CIOLLI ELAINE M. CIOLLI KATHLEEN H COLLIS, KENNETH M COLLIS ROBERT CONNOLLY BARBARA A. COX, DONALD D DAVIS, JOSEPH A. D'AL -- rank: 605

... 1983), where the Court held the Condominium Act (the Act),  N.J.S.A.  46:8B-1 to -38, provides only a condominium association ... it may assess litigation costs against unit owners. Ibid. (citing N.J.S.A.  46:8B-3(e) (an association may assess unit owners to raise funds for "common expenses"); N.J.S.A. 46:8B-17 (a unit owner is "conclusively presumed to ... We also reject plaintiffs' contention their Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20, and common law fraud claims ... any unlawful act under the CFA may file a claim. N.J.S.A. 56:8-19. An association has standing to pursue CFA ... Bank, et al. , No. L-4323-12. 3 See also N.J.S.A. 46:8B-12 (an association "shall be responsible for ...

docket:	a2166-14
court:	New Jersey Superior Court Appellate Division
decided:	2016-04-18
status:	Published
citation:
Document Size:	22243

36051 STANLEY L. WILLIAMS v. COUNTY OF CUMBERLAND -- rank: 605

... this action against Cumberland County under the Tort Claims Act, N.J.S.A. 59:1-1 to 12-3, claiming that improper flooring ... a "dangerous condition of public property" within the intent of N.J.S.A. 59:4-1, 2. Plaintiff named Cumberland County and the ... of the inmates participating in the pick-up basketball game. N.J.S.A. 59:4-2 provides: A public entity is liable for ... were "net opinions" that could not support a claim under N.J.S.A. 59:4-2. "[T]he net opinion rule . . . forbids the ... to the gymnasium constituted a "dangerous condition" of public property, N.J.S.A. 59:4-2(b), that is, "a condition of property ... which it is reasonably foreseeable that it will be used," N.J.S.A. 59:4-1(a), or that it was "palpably ...

docket:	a2449-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-30
status:	unpublished
citation:
Document Size:	19347

36052 STATE OF NEW JERSEY v. EDUARDO VARGAS -- rank: 605

... plea arrangement, Vargas was convicted of first-degree aggravated manslaughter, N.J.S.A. 2C:11-4, and second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1). Pursuant to the plea, Vargas ...

docket:	a5715-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-16
status:	unpublished
citation:
Document Size:	19270

36053 STATE OF NEW JERSEY v. AIJALON ARAD -- rank: 605

... a jury, defendant was convicted of first-degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3a(1); first-degree robbery, N.J.S.A. 2C:15-1; third-degree possession of a knife for an unlawful purpose, N.J.S.A. 2C:39-4d; and third-degree unlawful taking of a means of conveyance, N.J.S.A. 2C:20-10c. On January 31, 1997, because of his record, defendant was sentenced as a persistent offender, N.J.S.A. 2C:44-3a, to a discretionary extended aggregate term ...

docket:	a5024-08
court:	NJ Superior Court Appellate Division
decided:	2011-07-06
status:	unpublished
citation:
Document Size:	14507

36054 KANG IN YI v. RE/MAX FORTUNE PROPERTIES, INC., et al. -- rank: 605

... A.D.     This case involves the construction and application of N.J.S.A. 46:8-21.1. That statute requires a landlord, within ... policy could or should be engrafted on the statutory scheme.").      N.J.S.A. 46:8-21.1 provides in relevant part:             Within 30 ... that the latter approach is required. The plain language of N.J.S.A. 46:8-21.1, especially the reference to "said moneys ... damages sought by plaintiff beyond the double damages provided in N.J.S.A. 46:8-21.1 are not authorized by the statute ...

docket:	A2720-99
court:	NJ Superior Court Appellate Division
decided:	2001-04-11
status:	published
citation:	338 N.J. Super. 534
Document Size:	15376

36055 J.V. v. G.D. -- rank: 605

... to have committed acts of domestic violence as defined by N.J.S.A. 2C:18-3 (harassment) and 2C:33-4 (stalking). On ... she was a "victim of domestic violence" as defined by N.J.S.A. 2C:25-19d, subjected to domestic violence consisting of harassment ...

docket:	a5080-07
court:	superior court appellate division
decided:	2010-01-08
status:	unpublished
citation:
Document Size:	33217

36056 IN THE MATTER OF LATEIF DICKERSON HUDSON COUNTY -- rank: 605

... 1999. However, he never complied with the requirement imposed by N.J.S.A. 52:17B-68.1 provides in pertinent part: a. A ... review of an ALJ's decision are set forth in N.J.S.A. 52:14B-10(c): In reviewing the decision of an ...

docket:	a1323-08
court:	superior court appellate division
decided:	2010-07-20
status:	unpublished
citation:
Document Size:	26752

36057 BARBARA COLLINS, CPA v. JOHN MENZA -- rank: 605

... party defendant was proper. Affirmed. The Affidavit of Merit statute, N.J.S.A. 2A:53A-26 to -29, requires the filing in any ...

docket:	a1171-07
court:	NJ Superior Court Appellate Division
decided:	2009-01-07
status:	unpublished
citation:
Document Size:	39185

36058 STATE OF NEW JERSEY v. JOSE SANTOS -- rank: 605

... 2013 order denying his motion seeking DNA testing pursuant to N.J.S.A. 2A:84A-32a. For the reasons that follow, we vacate ... se application with the trial court in 2009, pursuant to N.J.S.A. 2A:84A-32a, to have DNA testing performed on a ... efendant has failed to meet [the] standard set forth in N.J.S.A. 2A:84A-32a." The trial court evidently did not amplify ... degree that such testing would be fruitless. The applicable statute, N.J.S.A. 2A:84A-32a, was enacted in 2001 in light of ... motion is not made solely for the purpose of delay. [ N.J.S.A. 2A:84A-32a(d).] See also State v. DeMarco , 387 ... of reasons that addresses all of the discrete factors under N.J.S.A. 2A:84A-32a. Counsel shall furnish the trial court ...

docket:	a4554-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-09-22
status:	Published
citation:
Document Size:	16207

36059 RICK LARUE v. MONMOUTH COUNTY AGRICULTURE DEVELOPMENT BOARD -- rank: 605

... work area location under the Right to Farm Act (RTFA), N.J.S.A. 4:1C-1 to -10.4, despite its violation of ... the SADC within, but independent of, the Department of Agriculture. N.J.S.A. 4:1C-4(a). To effectuate this express purpose, the ... municipal or county ordinance, resolution, or regulation to the contrary.' N.J.S.A. 4:1C-9; see also Borough of Closter v. Abram ... use ordinances enacted pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 to -129.' Twp. of Franklin v. Hollander ...

docket:	a2608-16
court:	NJ Superior Court Appellate Division
decided:	2018-04-16
status:	unpublished
citation:
Document Size:	26772

36060 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. H.L. -- rank: 604

... year sentence for second-degree child endangerment, in violation of N.J.S.A. 9:6-8.21 for the care and custody of ... children required the care and supervision of DYFS pursuant to N.J.S.A. 30:4C-12. The trial court suspended the Title 9 ... if there is no final order regarding abuse or neglect. N.J.S.A. 9:6-8.70. The statute states, in relevant part ... of parental rights under any of the other subsections of N.J.S.A. 30:4C-15 without first bringing an action under Title ... s motion is granted. The appeal is dismissed as moot. N.J.S.A. 9:6-8.21 to -8.73. N.J.S.A. 30:4C-1 to -40. We elect to substitute ...

docket:	a2198-08
court:	superior court appellate division
decided:	2009-12-14
status:	Unpublished
citation:
Document Size:	34001