Search Rutgers Law Library N.J. Court Opinions

46 Alejandra Padilla v. Young Il An -- rank: 848

... elected municipal officers the authority to impose sidewalk liability in N.J.S.A. 40:65-14. Justice Solomon notes that here, the elected ... many imposed a duty on property owners through ordinances under N.J.S.A. 40:65-14, which authorizes municipalities to make it â ... 87 N.J. at 154. In 1970, the Legislature enacted N.J.S.A. 40:65-14, which expressly states that “[a]ny ... at the expense of the abutting landowners.” 1 1 N.J.S.A. 40:65-14 could have, but does not, authorize a ... if a 2 A decade later, relying in part on N.J.S.A. 40:65-14, this Court held that “commercial landowners ... charge the property owner for the cost of the repair. N.J.S.A. 40:65-14. 3 available to “the same ...

docket:	a_43_22
court:	supreme
decided:	2024-06-12
status:	Published
citation:
Document Size:	89944

47 State of New Jersey v. Richard Willis -- rank: 848

... defendant guilty of third-degree criminal restraint, in violation of N.J.S.A. 2C:13-2(b); second-degree sexual assault, in violation of N.J.S.A. 2C:14-2(c)(1); and the disorderly persons offense of simple assault, in violation of N.J.S.A. 2C:12-1(a). Although evidence of a defendant’s ... Willis in 2007. Defendant was charged with kidnapping, contrary to N.J.S.A. 2C:13-1(b)(1), (2) (Count One); aggravated sexual assault, contrary to N.J.S.A. 2C:14-2(a)(3) (Count Two); sexual assault, contrary to N.J.S.A. 2C:14-2(c)(1) (Count Three); and aggravated ...

docket:	A-115-13
court:	NJ Supreme Court
decided:	2016-05-11
status:
citation:	225 N.J. 85 137 A.3d 452
Document Size:	76253

48 Christa Robey and Maureen Reynolds v. SPARC Group, LLC \r\n\t\t \r\n \r\n\r\n\t\t\t\t\r\n -- rank: 848

... to dismiss their claims under the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -227, the Truth in Consumer-Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-14 to -18, and various common law contract ... practice made unlawful by the statute may seek redress. See N.J.S.A. 56:8-19. To state a claim under that statute ... and defendant utilized a fictitious former price in violation of N.J.S.A. 13:45A-9.6(a) (“Use of a fictitious ... plaintiffs are consumers who were thereby “aggrieved.” See N.J.S.A. 56:12- 15. A consumer must have suffered adverse consequences ... 2 “illusory discounts” violates the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -227, the Truth in Consumer- ...

docket:	a_50_22
court:	supreme
decided:	2024-03-22
status:	Published
citation:
Document Size:	118174

49 Cardali v. Cardali -- rank: 848

... v. Konzelman, 158 N.J. 185, 202 (1999) -- or in N.J.S.A. 2A:34- 23(n), for cases in which the PSA ... cohabitation, including factors similar to those identified in Konzelman. See N.J.S.A. 2A:34-23(n). The financial relationship between the spouse ... the alimony statute, evidence of all specific factors prescribed by N.J.S.A. 2A:34-23(n) “must be presented for a ... marriage or civil union.’” Id. at 371 (quoting N.J.S.A. 2A:34-23(n)). (pp. 20-22) 3. In this case, because the parties’ PSA was executed before N.J.S.A. 2A:34-23(n) was enacted, the appeal is governed ... identified in Konzelman, 158 N.J. at 202, not by N.J.S.A. 2A:34-23(n). The two standards are closely ...

docket:	a-25-22
court:	NJ Superior Court Appellate Division
decided:	2023-08-08
status:
citation:
Document Size:	70086

50 State v. Richard Gomes -- rank: 848

... “one diversion only” general limitation of the PTI statute, N.J.S.A. 2C:43-12(g)(1), and the terms of expungement statutes enacted before CREAMMA, see generally N.J.S.A. 2C:52-1 to -32.1, the Appellate Division held ... any criminal offense under the laws of New Jersey.” N.J.S.A. 2C:43-12(a) (emphasis added). With respect to defendants ... any person who has previously received . . . a conditional discharge.” N.J.S.A. 2C:43- - 12(g)(1) (emphasis added). The text of ... s present eligibility for supervisory treatment or diversion programs. See N.J.S.A. 2C:52-20. Another context in which expunged records generally ... similar fashion to the regulation of alcohol for adults.” N.J.S.A. 24:6I-32(a). The statute broadly includes fourteen ...

docket:	a-64-65-21
court:	NJ Superior Court Appellate Division
decided:	2023-02-14
status:
citation:
Document Size:	87794

51 NorthJersey Media Group, Inc. v. Township of Lyndhurst -- rank: 848

... to the trial court to reconsider NJMG’s request under N.J.S.A. 47:1A-3(a) and the common law. On remand ... of the investigation, when they were requested. 1. Under OPRA, N.J.S.A. 47:1A-1 to -13, “government records” are subject ... and (2) must “pertain[] to a criminal investigation.” N.J.S.A. 47:1A-1.1. The Attorney General’s Use of ... record must also “pertain[] to any criminal investigation.” N.J.S.A. 47:1A-1.1. Here, the actions of the police ... within the criminal investigatory records exception. (pp. 27-31) 4. N.J.S.A. 47:1A-3(b) requires the release of “information ... were not available to the public before the investigation began. N.J.S.A. 47:1A-3(a). Investigative reports prepared after a ...

docket:	A-35-15
court:	NJ Supreme Court
decided:	2017-07-11
status:
citation:	229 N.J. 541 163 A.3d 887
Document Size:	117487

52 State v. Andre Higgs -- rank: 848

... State and local law enforcement. In 1996, the Legislature passed N.J.S.A. 40A:14- 181, which requires all law enforcement agencies to ... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. F. On appeal, defendant made numerous ... for police entities” (quotation omitted)). In 1996, the Legislature passed N.J.S.A. 40A:14-181, which requires all law enforcement 25 agencies ... persons simple assault matter was not a serious offense. See N.J.S.A. 2C:1-4(b)(1) (“Disorderly persons offenses . . . are ...

docket:	a-28-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-30
status:
citation:
Document Size:	91456

53 DCPP VS. S.Z.K., ET AL., IN THE MATTER OF THE GUARDIANSHIP OF D.D.M.M. AND S.A.H. -- rank: 848

... prongs of the best interests of the child test under N.J.S.A. 30:4C-15.1(a), entered an order terminating the ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] The Division must prove each ... s progress, development, and health; and (4) facilitating appropriate visitation. [N.J.S.A. 30:4C-15.1(c).] Courts do not measure reasonableness ... D]ivision is involved with the child as provided in [N.J.S.A 30:4C-85], . . . the [D]ivision exercised reasonable efforts to ... 4) awarding [KLG] is in the child's best interests. [N.J.S.A. 3B:12A-6(d).] With this amendment, the Legislature removed ... a KLG. Compare L. 2021, c. 154, § 4 (current N.J.S.A. 3B:12A-6(d)(3)), with L. 2006, c. ...

docket:	a2763-22
court:	appellate
decided:	2024-04-19
status:	Unpublished
citation:
Document Size:	34484

54 State v. Oscar Ramirez -- rank: 848

... ¶ 22; the Crime Victim’s Bill of Rights (CVBR), N.J.S.A. 52:4B-34 to -38; or the Sexual Assault Victim’s Bill of Rights (SAVBR), N.J.S.A. 52:4B-60.2, provisions which we will discuss below ... 12 the protection codified by the Legislature in [the SAVBR,] N.J.S.A. 52:4B-60.2(c)(7). In sharp contrast to ... the passage of the Criminal Injuries Compensation Act of 1971 ( N.J.S.A. 52:4B-1 to -33), the people of New Jersey ... passed the Sexual Assault Victim’s Bill of Rights (SAVBR), N.J.S.A. 52:4B-60.2. Sections (a) and (b) of the ... Victim’s Bill of Rights,” L. 1985, c. 249 ([ N.J.S.A.] 52:4B-34 et seq.) and the “New ...

docket:	a-1-21
court:	NJ Superior Court Appellate Division
decided:	2022-11-21
status:
citation:
Document Size:	88136

55 ASSOCIATION FOR GOVERNMENTAL RESPONSIBILITY, ETHICS AND TRANSPARENCY VS. BOROUGH OF MANTOLOKING, ET AL. -- rank: 848

... determine whether the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, or the common law right ... government record, the work product privilege and confidentiality exemptions under N.J.S.A. 47:1A-9(b) weight against disclosure. I. This appeal ... charged criminally with fourth-degree falsifying or tampering with records, N.J.S.A. A-2395-22 3 2C:21-4, and administratively with ... arrest record, or PTI are not admissible at trial, under N.J.S.A. 2C:52-27. And that any adversary who knowingly reveals ... Remind him of this statute in open court on Thursday!!! N.J.S.A. 2C:52-30 – Except as otherwise provided in this ... cause and a compelling need for the subject records' under N.J.S.A. 2C:52-19. Id. at 17-18. The following ...

docket:	a2395-22
court:	appellate
decided:	2024-05-09
status:	Published
citation:
Document Size:	77776

56 STATE OF NEW JERSEY VS. CHRISTOPHER UDELL TEETER -- rank: 848

... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. 1 The exact number of stab ... five-count Burlington County indictment with first-degree attempted murder, N.J.S.A. 2C:5-1(a)(1), and N.J.S.A. 2C:11-3(a)(1) and (2) (count one); second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) (count two); third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2) (count three); third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d) (count four); and fourth-degree ...

docket:	a3806-19
court:	appellate
decided:	2024-04-09
status:	Unpublished
citation:
Document Size:	100940

57 C.R. v. M. T. \t -- rank: 848

... safety or well-being of the alleged victim” pursuant to N.J.S.A. 2C:14-16(a)(2) in order to obtain a ... After hearing testimony, the trial court made explicit findings under N.J.S.A. 2C:14-16(a)(1) and (2). The court found ... test the trial court had used to assess consent under N.J.S.A. 2C:14-16(a)(1). 461 N.J. Super. 341 ... court on remand could expand upon its abbreviated discussion of N.J.S.A. 2C:14-16(a)(2). Id. at 448. On remand ... credible” and “not truthful.” On the first factor, N.J.S.A. 2C:14-16(a)(1), the court therefore held that ... was not 1 affirmatively and freely given.” Turning to N.J.S.A. 2C:14-16(a)(2), the court noted that ...

docket:	a_47_22
court:	supreme
decided:	2024-04-19
status:	Published
citation:
Document Size:	136563

58 Robert A. Verry v. Franklin Fire District No. 1 -- rank: 848

... the release, pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, of the constitution and bylaws ... is a member of a fire district established pursuant to N.J.S.A. 40A:14-70. The MVFD operated independently as a volunteer ... certain exceptions, for the protection of the public interest.” N.J.S.A. 47:1A-1. OPRA’s disclosure requirements apply to public ... by a political subdivision or combination of political subdivisions.” N.J.S.A. 47:1A-1.1. (pp. 10-15) 2. The Legislature ... paid fire department the power to create a fire district. N.J.S.A. 40A:14-70. Within the same statute, the Legislature specifies ... subdivision — that utilizes authority available to it pursuant to N.J.S.A. 40A:14-70 to form a fire district. That ...

docket:	A-77-15
court:	NJ Supreme Court
decided:	2017-08-07
status:
citation:	230 N.J. 285 166 A.3d 1140
Document Size:	100788

59 Statev. Thomas L. Scott -- rank: 848

... grand jury indicted defendant for third-degree possession of heroin, N.J.S.A. 2C:35-10(a)(1). In preparation for trial, defendant ... upon a balancing of the aggravating and mitigating factors in N.J.S.A. 2C:44-1, was sentenced to a five-year custodial ...

docket:	A-86-15
court:	NJ Supreme Court
decided:	2017-06-28
status:
citation:	229 N.J. 469 163 A.3d 325
Document Size:	178799

60 STATE OF NEW JERSEY VS. JENNIFER SWEENEY -- rank: 848

... year aggregate sentence, subject to No Early Release Act (NERA), N.J.S.A. 2C:43-7.2(a), in return for his guilty ... murder of Julius and her daughter on November 24, 2015, N.J.S.A. 2C:5-1 and 2C:11-3 (counts one and ... to commit murder related to the November 24 attempted murder, N.J.S.A. 2C:5-2(a)(1) and N.J.S.A. 2C:11-3(a) (count three); second- degree unlawful possession of a weapon on November 24, 2015, N.J.S.A. 2C:58-4 and N.J.S.A. 2C:39-5(b) (count four); second-degree possession ...

docket:	a3186-21
court:	appellate
decided:	2024-05-16
status:	Unpublished
citation:
Document Size:	133967