Search Rutgers Law Library N.J. Court Opinions

4291 /usr/local/share/www/libweb/collections/courts/tax/00403-12.opn.html -- rank: 815

... from being added back to the subsidiary’s income under N.J.S.A. 54:10A-4.4(b). Plaintiff contends that the addback ... an intangible expense/cost for purposes of addback provisions of N.J.S.A. 54:10A-4.4. However, the court finds that payments ... denying a deduction for such payments is “unreasonable” under N.J.S.A. 54:10A-4.4(c)(1). The court’s finding ... 1) qualify as intangible costs and expenses for purposes of N.J.S.A. 54:10A-4.4(b); and (2) if so, whether ... general rule.” Statement to Assembly No. 2501, supra . Thus, N.J.S.A. 54:10A-4.4(b) presumptively denies a deduction of ... direct or indirect transactions with, one or more related members. [N.J.S.A. 54:10A-4.4(b).] N.J.S.A. ...

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court:	NJ Superior Court Law/Chancery Division
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4292 ESTATE OF CLAUDIA L. COHEN v. ROBERT COHEN -- rank: 815

... date for permitting oral contracts to make a devise under N.J.S.A. 3B:1-4, could not be gleaned from the complaint ... in counsel fees against Perelman as a sanction pursuant to N.J.S.A. 2A:15-59.1, and against plaintiffs' attorneys, pursuant to ... were no facts establishing a contract between Robert and Claudia, N.J.S.A. 3B:1-4, by its terms, is not applicable. Thus ... J. 546 (1993), where it construed the frivolous litigation statute, N.J.S.A. 2A:15-59.1, as being limited to imposing sanctions ...

docket:	a0941-10
court:	NJ Superior Court Appellate Division
decided:	2013-10-03
status:	unpublished
citation:
Document Size:	131108

4293 Vonnie Cornett v. Johnson & Johnson -- rank: 815

... In addition, the panel held the Product Liability Act (PLA), N.J.S.A. 2A:58C-1 to -11, subsumed the breach of implied ... into a possible cause of action? (pp. 9-14) 2. N.J.S.A. 2A:14-2 provides that a cause of action for ... design, or failure to warn through adequate warnings or instructions. N.J.S.A. 2A:58C-2. The standard for liability is that the ... law. Ibid. The panel held the Product Liability Act (PLA), N.J.S.A. 2A:58C-1 to -11, subsumed the breach of implied ... New Jersey law on this issue conflicts with Kentucky law. N.J.S.A. 2A:14-2 provides that a cause of action for ... for harm caused by breach of an express warranty.” N.J.S.A. 2A:58C-1b(3). The permissible theories of liability ...

docket:	A-88-10
court:	NJ Supreme Court
decided:	2012-08-09
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Document Size:	103167

4294 STATE OF NEW JERSEY v. NICHOLAS H. NIGRO, III -- rank: 815

... Defendant was convicted on two counts of first-degree murder, N.J.S.A. 2C:11-3a(1), (2), and related offenses for the ... Defendant was indicted on two counts of first-degree murder, N.J.S.A. 2C:11-3a(1) and (2) (counts one and three); two counts of second-degree burglary, N.J.S.A. 2C:18-2 (counts five and six); one count of ... second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a (count seven); one count of fourth-degree tampering with physical evidence, N.J.S.A. 2C:28-6(1) (count eight); and one count of third-degree hindering apprehension, N.J.S.A. 2C:29-3b(1) (count nine). Defendant was also ...

docket:	a5246-10
court:	NJ Superior Court Appellate Division
decided:	2016-11-03
status:	unpublished
citation:
Document Size:	72037

4295 STATE OF NEW JERSEY v. BRUCE E. LIGE -- rank: 815

... plea agreement to the following: one count third-degree burglary, N.J.S.A. 2C:18-2 and an amended count of third-degree theft, N.J.S.A. 2C:20-3 on Indictment No. 07-05-0714; two ... 1241; and one count of third-degree receiving stolen property, N.J.S.A. 2C:20-7 on Indictment No. 10-05-0656. The ... 1241, the court sentenced defendant to a discretionary extended term, N.J.S.A. 2C:44-3, of eight years with a four-year ... victims' losses and defendant's ability to pay those sums, N.J.S.A. 2C:44-2(c)(2). Although a court has discretion ... restitution when sentencing a defendant, its discretion is bounded by N.J.S.A. 2C:44-2. See State v. Newman , 132 N. ...

docket:	a3906-10
court:	NJ Superior Court Appellate Division
decided:	2014-08-14
status:	unpublished
citation:
Document Size:	68429

4296 /usr/local/share/www/libweb/collections/courts/tax/003166-2015opn.opn.html -- rank: 815

... to defendant’s request for income and expense information under N.J.S.A. 54:4-34, commonly known as Chapter 91 (L. 1979 ... ” as such phrase was contemplated by our Legislature under N.J.S.A. 54:4-34; and (ii) plaintiff failed to satisfy its ... in order to provide necessary information.” As required under N.J.S.A. 54:4-34, the 2 013 Chapter 91 Request notified ... 3701, Lot 1. . . from the ‘Property Owner’ pursuant to N.J.S.A. 54:4-34. . . . the Property was conveyed by quitclaim deed ... order to provide the requested information.” As required under N.J.S.A. 54:4-34, the 2 014 Chapter 91 Request notified ... the 2 014 Chapter 91 Request, was a reproduction of N.J.S.A. 54:4-34, a form captioned “Annual Statement ...

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court:	NJ Superior Court Law/Chancery Division
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4297 WILLIAM E. COFFEY, III v. 46 4th STREET, LLC -- rank: 815

... defenses, including immunity under the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 to 12-3 (the TCA), and a ... failed to state a claim for public entity liability under N.J.S.A. 59:4-2 for injuries caused by a dangerous condition ... in accordance with the fair and uniform principles established herein,' N.J.S.A. 59:1-2, and our Supreme Court has consistently held ... 335, 345 (2019) (quoting Coyne, 182 N.J. at 488). N.J.S.A. 59:4-2 addresses a dangerous condition of public property ... Sports & Exposition Auth., 169 N.J. 119, 125 (2001) (quoting N.J.S.A. 59:4-2).] A-0131-22 14 Under the TCA ... Parkway, 249 N.J. 642, 656 (2022) (citation omitted) (quoting N.J.S.A. 59:4-2).] II. In this appeal, consistent with ...

docket:	a0131-22
court:	NJ Superior Court Appellate Division
decided:	2023-12-06
status:	Unpublished
citation:
Document Size:	54569

4298 STATE OF NEW JERSEY v. CHRISTOPHER H. BLANK -- rank: 815

... 08-1914 with three counts of first-degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3a(1) and (2) (counts one, two and three); three counts of second-degree aggravated assault, N.J.S.A. 2C:12-1b(1) (counts four, five and six); three ... counts of third-degree aggravated assault with a deadly weapon, N.J.S.A. 2C:12-1b(2) (counts seven, eight and nine); first-degree disarming a law enforcement officer, N.J.S.A. 2C:12-11 (count ten); third-degree resisting arrest, N.J.S.A. 2C:29-2a(2) (count eleven); second-degree possession ...

docket:	a5815-07
court:	NJ Superior Court Appellate Division
decided:	2011-04-13
status:	unpublished
citation:
Document Size:	52557

4299 STATE OF NEW JERSEY v. JONATHAN ZEMBRESKI -- rank: 815

... we hold that a defendant commits an act of burglary, N.J.S.A. 2C:18-2, if he gains access to his victim ... charging defendant with second-degree robbery by use of force, N.J.S.A. 2C:15-1(a)(1) (count one); fourth-degree impersonating a law enforcement officer, N.J.S.A. 2C:28-8(b) (count two); third-degree possession of a controlled dangerous substance, N.J.S.A. 2C:35-10(a)(2) (count three); second-degree burglary, N.J.S.A. 2C:18-2 (count four); and third-degree theft, N.J.S.A. 2C:20-3 (count five). Before trial, defendant moved ...

docket:	a0632-14
court:	NJ Superior Court Appellate Division
decided:	2016-05-17
status:	published
citation:	445 N.J.Super. 412 138 A.3d 583
Document Size:	79264

4300 STATE OF NEW JERSEY v. RAYMOND P. RUSSOMANNO -- rank: 815

... The New Jersey Wiretapping and Electronic Surveillance Control Act (Act), N.J.S.A. 2A:156A-1 to -37; error in allowing the jury ... at the direction of the prosecutor's office pursuant to N.J.S.A. 2A:156A-4c, cannot be utilized to record a sexual ... state can utilize this type of investigative tool pursuant to N.J.S.A. 2A:156A-8. POINT III the trial court committed plain ... search dr. russomanno's office. (not raised below). Pursuant to N.J.S.A. 2A:156A-1 to -34, interception of conversations is generally ... or his designee or a county prosecutor or his designee[.] [ N.J.S.A. 2A:156A-4(c).] Russomanno argues the recording of the ... failed to obtain a warrant based on probable cause per N.J.S.A. 2A:156A-9. We disagree. Neither N.J.S. ...

docket:	a4103-12
court:	NJ Superior Court Appellate Division
decided:	2015-07-14
status:	unpublished
citation:
Document Size:	62223

4301 STATE OF NEW JERSEY v. ADAM C. SPEARS -- rank: 815

... PER CURIAM This matter regards interpretation of the requirements of N.J.S.A. 2C:40-26(b), a fourth-degree offense for operating ... and he was twice convicted of the Pennsylvania equivalent of N.J.S.A. 39:4-50. Accordingly, we affirm. Defendant was issued motor ... on June 8, 2014, for driving while an unlicensed driver, N.J.S.A. 39:3-10, and for driving with a suspended license, N.J.S.A. 39:3-40. After police discovered defendant's Pennsylvania driver ... Cape May County Indictment No. 14-08-0658, for violating N.J.S.A. 2C:40-26(b). Defendant moved to dismiss the indictment ... arguing his prior Pennsylvania convictions were not statutory equivalents of N.J.S.A. 39:4-50, which he maintained he was never ...

docket:	a4839-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-16
status:	unpublished
citation:
Document Size:	39309

4302 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 JERSEY OF CHILD PROTECTION -- rank: 815

... to exercise a minimum degree of care in supervising them. N.J.S.A. 9:6-8.21(c)(4)(b), -8.44, -8 ... in the early hours of August 14, 2014, pursuant to N.J.S.A. 9:6-8.29 and -8.30. L.L.'s ... In E.D.-O. , the Court rejected our reading of N.J.S.A. 9:6-8.21(c)(4)(b) in M.C ... or neglect are fashioned based on current circumstances. For example, N.J.S.A. 9:6-8.50(e) expressly permits a trial court ... Division alleged and the judge found neglect as defined in N.J.S.A. 9:6-8.21(c)(4)(b). Title 9 defines ... or allowing to be inflicted harm, or substantial risk thereof[.] [ N.J.S.A. 9:6-8.21(c)(4)(b).] Accordingly, Title ...

docket:	a2563-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-20
status:	unpublished
citation:
Document Size:	49197

4303 /usr/local/share/www/libweb/collections/courts/appellate/a2963-18.opn.html -- rank: 815

... NPTC, in violation of the Uniform Fraudulent Transfer Act (UFTA), N.J.S.A. 25:2-20 to -34. Plaintiff claimed the circumstances warranted ... at 476. These 'badges of fraud' are set forth in N.J.S.A. 25:2-26. Jecker, 422 N.J. Super. at 164 ... UFTA are broad. Obviously, avoidance of the transfer is primary. N.J.S.A. 25:2-29(a)(1). Other remedies include attachment against the asset transferred or other property of the transferee, N.J.S.A. 25:2-29(a)(2); a money judgment against the transferee where the transfer cannot be undone, N.J.S.A. 25:2- 30(a), (b); and injunctive relief. N.J.S.A. 25:2- 29(a)(3)(a). The statute also ...

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4304 STATE OF NEW JERSEY v. JOSEPH JOHNSON -- rank: 815

... defendant Joseph Johnson was found guilty of second-degree robbery, N.J.S.A. 2C:15-1 and carjacking, N.J.S.A. 2C:15-2 on counts one and two respectively of ... 85% parole ineligibility pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2(NERA). The requisite fines and penalties ... for a verdict convicting the defendant of the included offense." N.J.S.A. 2C:1-8(e). "Courts are required to instruct the ... v. Farrad , 164 N.J. 247 , 258 (2000). Pursuant to N.J.S.A. 2C:15-1(a): A person is guilty of robbery ... given the expansive definition of robbery as set forth in N.J.S.A. 2C:15-1(a). Finally, defendant argues counsel was ...

docket:	a1131-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-12
status:	unpublished
citation:
Document Size:	61740

4305 /usr/local/share/www/libweb/collections/courts/appellate/a2160-20.opn.html -- rank: 815

... 38- 3(c)(9). notification provisions of 'Megan's Law,' N.J.S.A. 2C:7-1 to -23. He contends the calculation of ... re Registrant C.A., 146 N.J. 71, 80 (1996); N.J.S.A. 2C:7-2(a). In fact, '[t]he expressed purposes ... 461 N.J. Super. 385, 394 (App. Div. 2019) (citing N.J.S.A. 2C:7-1). 'The law is remedial and not intended ... T.T., 188 N.J. 321, 327-28 (2006) (citing N.J.S.A. 2C:7-2). Offenders from other states who relocate to New Jersey are subject to the registration requirement. N.J.S.A. 2C:7-2(c)(3). The extent of community notification ... I (low), Tier II (moderate), or Tier III (high) offender. N.J.S.A. 2C:7-8(a), (c)(1) to (3). Tier ...

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