Search Rutgers Law Library N.J. Court Opinions

36871 CARL SPINCOLA v. CITY OF UNION CITY -- rank: 596

... Tort Claims Act (TCA) under the allocation of resources defense, N.J.S.A. 59:2-3d. The court further found that plaintiff failed ... defendant acted palpably unreasonably in failing to repair the stairs. N.J.S.A. 59:4-2, which provides that A public entity is ... that the determination of the public entity was palpably unreasonable. [ N.J.S.A. 59:2-3d]. This immunity is predicated upon the self ... at the expense of another are immune unless palpably unreasonable. N.J.S.A. 59:2-3d. The two adjoining statutory provisions exist to ... notice to defendant through the doctrine of constructive notice. Under N.J.S.A. 59:4-3b, a public entity may be charged with ...

docket:	a0310-07
court:	NJ Superior Court Appellate Division
decided:	2009-04-17
status:	unpublished
citation:
Document Size:	35865

36872 ASHANTI ATKINS v. STATE-OPERATED SCHOOL DISTRICT OF THE CITY OF NEWARK -- rank: 596

... claim required by the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3, and subsequently a civil ... the failure to take such action was not palpably unreasonable. [ N.J.S.A. 59:4-2.] The term "dangerous condition" is defined as ... which it is reasonably foreseeable that it will be used." N.J.S.A. 59:4-1a. In Levin , the Court rejected an approach ...

docket:	a4094-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-29
status:	unpublished
citation:
Document Size:	17046

36873 STATE OF NEW JERSEY v. RODNEY BULL -- rank: 596

... in 1992, defendant was convicted of second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1); fourth-degree unlawful possession of a knife, N.J.S.A. 2C:39-5(d); third-degree possession of a knife for an unlawful purpose, N.J.S.A. 2C:39-4(d); and third-degree terroristic threats, N.J.S.A. 2C:12-3(b). The trial evidence, as summarized from ... term, contending that defendant was a persistent offender pursuant to N.J.S.A. 2C:44-3(a), as he had prior convictions for ... judge found that aggravating factors two, three, six and nine, N.J.S.A. 2C:44-1(a)(2), (3), (6) and (9), " ...

docket:	a0264-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-23
status:	unpublished
citation:
Document Size:	16925

36874 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 IN THE MATTER OF JOHN HUGAT -- rank: 596

... duties are governed by the Civil Service Act (the Act), N.J.S.A. 11A:1-1 to 12-6. A civil service employee ...

docket:	a1687-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-17
status:	unpublished
citation:
Document Size:	16809

36875 JEFFREY EMMETT v. FANUTI VALENTINO -- rank: 596

... April 1, 2012. New Jersey's Security Deposit Act (SDA), N.J.S.A. 46:8-19 to -26, limits the amount of security ... tenant to one and one-half times the monthly rent. N.J.S.A. 46:8-21.2. Therefore, the maximum security deposit defendant ... one-day bench trial, the judge found that defendant violated N.J.S.A. 46:8-21.2 by charging plaintiffs two and one-half months' rent. N.J.S.A. 46:8-21.2 does not provide for a specific ... Super. 71 , 79 (App. Div. 2009). In this regard, 2 N.J.S.A. 46 :8-21.1 requires the landlord to return the ... did not, they were entitled to the penalty prescribed by N.J.S.A. 46:8-21.1. In Reilly , however, we held ...

docket:	a4093-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-26
status:	unpublished
citation:
Document Size:	16376

36876 NEWARK BETH ISRAEL MEDICAL CENTER v. BALA GANAPATI, INC -- rank: 596

... appealable except on the ground of lack of jurisdiction," see N.J.S.A. 2A:18-59, and it is undisputed that the court ... be appealable except on the ground of lack of jurisdiction.' N.J.S.A. 2A:18-59. Jurisdiction includes subject matter jurisdiction . . . ." Vill. Apartments ... Civil Part to grant a judgment of possession pursuant to N.J.S.A. 2A:18-53(a), which provides for the removal of ... a result, defendant's appeal is not cognizable pursuant to N.J.S.A. 2A:18-59. We therefore dismiss the appeal. 1 Disputes ...

docket:	a4029-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-13
status:	unpublished
citation:
Document Size:	17809

36877 STATE OF NEW JERSEY - v. ANTHONY NARDIELLO -- rank: 596

... Tort Claims Act (TCA) under the allocation of resources defense, N.J.S.A. 59:2-3d. The court further found that plaintiff failed ... defendant acted palpably unreasonably in failing to repair the stairs. N.J.S.A. 59:4-2, which provides that A public entity is ... that the determination of the public entity was palpably unreasonable. [ N.J.S.A. 59:2-3d]. This immunity is predicated upon the self ... at the expense of another are immune unless palpably unreasonable. N.J.S.A. 59:2-3d. The two adjoining statutory provisions exist to ... notice to defendant through the doctrine of constructive notice. Under N.J.S.A. 59:4-3b, a public entity may be charged with ...

docket:	a1216-07
court:	NJ Superior Court Appellate Division
decided:	2009-03-30
status:	unpublished
citation:
Document Size:	36340

36878 evelyn teresi v. Robert teresi -- rank: 596

... M.M. , 189 N.J. 261 , 279 (2007)). Pursuant to N.J.S.A. 2A:34-23, support payments "may be revised and altered ...

docket:	a4247-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-15
status:	unpublished
citation:
Document Size:	15310

36879 SHARON HARDY v. THERESA WRIGHT-JOHNSON -- rank: 596

... leave to file a notice of late claim pursuant to N.J.S.A. 59:8-9 within the year following the accident. Instead ... that plaintiffs' complaint was barred by the Tort Claims Act, N.J.S.A. 59:1-1 to 12-3, and specifically by their ... failure to file a notice of claim in accordance with N.J.S.A. 59:8-3. After discovery, mandatory non-binding arbitration, and ... to support an estoppel under the circumstances. This appeal followed. N.J.S.A. 59:8-8 requires that claims for damages against public ... 2000) (discussing the procedural requirements of the Tort Claims Act, N.J.S.A. 59:1-1 to 12-3). Although the period for filing is short, any harshness is alleviated by N.J.S.A. 59:8-9, which allows for the filing of ...

docket:	a2797-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-09
status:	unpublished
citation:
Document Size:	15052

36880 VIVIAN BROWN v. CSC INSURANCE SERVICES, et al. -- rank: 596

... fault benefits with the American Arbitration Association (AAA) pursuant to N.J.S.A. 39:6A-5, seeking PIP benefits, specifically medical expense benefits ... Judge Lombardi found that he lacked jurisdiction, pointing out that N.J.S.A. 2A:24-8, which allows a court to vacate an ... only for very specifically defined mistakes as set forth in [ N.J.S.A. 2A:24-9]. If the arbitrators decide a matter not ... that plaintiff's claim of fraud, even if cognizable under N.J.S.A. 2A:24-8, lacked the required specificity to satisfy the ... was not proscribed by the three-month limitation period in N.J.S.A. 2A:24-7. See Heffner v. Jacobson , 100 N.J ... been liquidated and are no longer in existence. Pursuant to N.J.S.A. 17:30A-2.1, existing claims have been assumed ...

docket:	A2283-05
court:	NJ Superior Court Appellate Division
decided:	2007-01-22
status:	unpublished
citation:
Document Size:	30786

36881 STATE OF NEW JERSEY v. MATAN SHELTON -- rank: 596

... lived alone. Defendant was found guilty of first degree murder, N.J.S.A. 2C:15-1 (count three); two counts of third degree theft by unlawful taking, N.J.S.A. 2C:20-3a (counts four and five); third degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4d (count six); fourth degree unlawful possession of a weapon, N.J.S.A. 2C:39-4d (count six); and fourth degree unlawful possession of a weapon, N.J.S.A. 2C:39-5d (count seven). After appropriate merger of offenses ...

docket:	a2371-06
court:	NJ Superior Court Appellate Division
decided:	2009-10-02
status:	unpublished
citation:
Document Size:	32627

36882 HAROLD LEONARD v. SECURITY LIFE INSURANCE COMPANY OF AMERICA -- rank: 596

... policy. Assuming New Jersey's six-year statute limitations applies, N.J.S.A. 2A:14-1, plaintiff's complaint was filed too late ...

docket:	a5780-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-23
status:	unpublished
citation:
Document Size:	19322

36883 STATE OF NEW JERSEY v. BRIAN M. YOHNNSON -- rank: 596

... defendant was indicted on four counts of first-degree robbery, N.J.S.A. 2C:15-1(a). Defendant moved for the suppression of ...

docket:	a0859-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-24
status:	unpublished
citation:
Document Size:	18125

36884 GAIL FERRANTI v. CITY OF ELIZABETH -- rank: 596

... THE COUNTY OF UNION IS NOT ENTITLED TO IMMUNITY UNDER N.J.S.A. 59:2-3 WHERE IT HAD NOTICE OF THE DANGEROUS ... a limited budget. The decision was not 'palpably unreasonable.' See N.J.S.A. 59:4-2. The statute immunizes certain discretionary acts by public entities from tort liability. See N.J.S.A. 59:2-3; Coyne, 182 N.J. at 189. A ... omissions of its employees in carrying out their ministerial functions. [ N.J.S.A. 59:2-3(d) (emphasis added).] '[F]or a public ... the universe of exceptions. A-4707-17T2 5 Additionally, citing N.J.S.A. 59:4-2, Ferranti asserts that the Law Division judge ... to protect personnel.' However, the judge did not address the N.J.S.A. 59:4-2 argument because he found that the ...

docket:	a4707-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-22
status:	Unpublished
citation:
Document Size:	11836

36885 NEW YORK SMSA LIMITED PARTNERSHIP v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF EAST BRUNSWICK -- rank: 596

... Div. 1994)). In order to obtain a variance pursuant to N.J.S.A. 40:55D- 70(d), an applicant must demonstrate both the ... obtain a use variance under the Municipal Land Use Law, N.J.S.A. 40:55D-1 to -163, which requires an applicant to ... must not be inconsistent with the town's master plan. N.J.S.A. 40:55D- 70(d)(1). After a thorough review of ...

docket:	a0238-16
court:	NJ Superior Court Appellate Division
decided:	2018-03-26
status:	unpublished
citation:
Document Size:	17443