Search Rutgers Law Library N.J. Court Opinions

4531 /usr/local/share/www/libweb/collections/courts/appellate/a3247-18.opn.html -- rank: 813

... guilty plea to two counts of fourth-degree cyber- harassment, N.J.S.A. 2C:33-4.1(a)(2). The judge sentenced defendant ... three counts of fourth-degree cyber-harassment, in violation of N.J.S.A. 2C:33-4.1(a)(2) (counts one, three, and ... fourth-degree violation of a restraining order, in violation of N.J.S.A. 2C:29-9(b) (counts two and four). On July ... three (the risk that the defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3)), six (the extent of the ... seriousness of the offenses of which he has been convicted, N.J.S.A. 2C:44-1(a)(6)), and nine (the need for deterring the defendant and others from violating the law, N.J.S.A. 2C:44- 1(a)(9)). On August 7, 2018, ...

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4532 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. O.F.A. -- rank: 813

... Division had satisfied all four prongs of the statutory standard, N.J.S.A. 30:4C-15.1 by clear and convincing evidence. Accordingly ... the child, courts follow a four-prong standard, codified in N.J.S.A. 30:4C-15.1(a). This standard allows for termination ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "These standards are neither discrete ... unable or unwilling to eliminate the harm facing the child. N.J.S.A. 30:4C-15.1(a)(2). The focus of this ... or her circumstances, and to consider alternatives to parental termination. N.J.S.A. 30:4C-15.1(a)(3). A court evaluates on ... individual circumstances of the child's physical or mental development." N.J.S.A. 9:6B-4b, d, f. The record demonstrates the ...

docket:	a2251-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-07
status:	unpublished
citation:
Document Size:	53457

4533 Greczyn v. Colgate-Palmolive -- rank: 813

... interplay of the statute of repose protecting designers and builders, N.J.S.A. 2A:14-1.1, and the rule governing New Jersey ... based on the ten-year statute of repose found in N.J.S.A. 2A:14-1.1. The Appellate Division affirmed, concluding that ... liability for architects and builders after a specific time period. N.J.S.A. 2A:14-1.1. The discovery rule provides that the ... N.J. 202 (1968), a year after the enactment of N.J.S.A. 2A:14-1.1 does not specifically preclude importation of ... is finite and circumscribed, thus meeting the legislative intent underlying N.J.S.A. 2A:14-1.1. (Pp. 18-20)     The judgment of ... interplay of the statute of repose protecting designers and builders, N.J.S.A. 2A:14-1.1, and the rule governing our ...

docket:	a-2-04
court:	njsupreme
decided:	2005-03-21
status:
citation:	183 N.J. 5
Document Size:	53241

4534 STATE OF NEW JERSEY v. MICHELLE PADEN-BATTLE -- rank: 813

... judge failed to charge either the affirmative defense of duress, N.J.S.A. 2C:2-9, or the felony-murder affirmative defense described in N.J.S.A. 2C:11-3(a)(3); and (3) the judge imposed ... Defendant was charged with: second-degree conspiracy to commit kidnapping, N.J.S.A. 2C:5-2; first-degree kidnapping, N.J.S.A. 2C:13-1(b)(1); first-degree conspiracy to commit murder, A-1320-17T4 4 N.J.S.A. 2C:5-2; first-degree murder, N.J.S.A. 2C:11-3(a)(1)(2); first-degree felony ...

docket:	a1320-17
court:	NJ Superior Court Appellate Division
decided:	2020-06-16
status:	Published
citation:
Document Size:	64149

4535 MARK R. KRZYKALSKI v. DAVID T. TINDALL -- rank: 813

... in the form of percentage, of each party's negligence," N.J.S.A. 2A:15-5.2(b) (emphasis added), plaintiff contends that ... party is a "party" under the Comparative Negligence Act ("Act"). N.J.S.A. 2A:15-5.1 to -5.8. The Act provides ... of all the parties to a suit shall be 100%." N.J.S.A. 2A:15-5.2(a)(2) (emphasis added). Our Supreme ... Inc. , 103 N.J. 177 , 193 (1986) [ Ramos II ] (quoting N.J.S.A. 2A:15-5.2(b) (1973)). In Ramos II , the ... immune and thus "not a 'party' within the meaning of N.J.S.A. 2A:15-5.2." Brandt , supra , 214 N.J. at ... subsequent Supreme Court cases. First, Bencivenga cited the language in N.J.S.A. 2A:15-5.1 providing that contributory negligence does ...

docket:	a2539-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-05
status:	published
citation:	448 N.J.Super. 1 150 A.3d 1
Document Size:	47950

4536 R.J.E v. R.I.E -- rank: 813

... The judge also outlined the statutory factors he considered under N.J.S.A. 2A:34-23 before awarding plaintiff open durational alimony in ... privileges that are commonly associated with marriage or civil union.' N.J.S.A. 2A:34-23(n).' Temple v. Temple, ___ N.J. Super ... promise of support from another person within the meaning of [N.J.S.A. 25:1-5]. [Id. at pages 4-5.] A-4592 ... evidence at trial tethered to the statutory factors outlined under N.J.S.A. 2A:34- 23(n). Because defendant did not demonstrate plaintiff ... so, we recognize alimony and equitable distribution are interrelated. See N.J.S.A. 2A:34-23(b)(10) (requiring the court to consider ... extent to which alimony or equitable distribution is appropriate. See N.J.S.A. 2A:34- 23(b) and N.J.S.A. ...

docket:	a4592-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-24
status:	Unpublished
citation:
Document Size:	65528

4537 Michele Meade v. Township of Livingston -- rank: 813

... 2, Hanna signed a complaint alleging that Meade had violated N.J.S.A. 2C:33-28 by using “unreasonably loud and offensive ... a second complaint against Meade, alleging obstruction in violation of N.J.S.A. 2C:29-1. Meade was acquitted of all charges in ... gender, in violation of the LAD. (pp. 23-25) 4. N.J.S.A. 40A:14-147 provides that a permanent member or officer ... the employer under New Jersey’s Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -50. Specifically, the issue is whether ... Hanna signed a complaint-summons alleging that Meade had violated N.J.S.A. 2C:33-28 by using “unreasonably loud and offensive ... obstruct and stop an authorized ESU training exercise in violation N.J.S.[A.] 2C:29-1.” That second charge was decided ...

docket:	a-52-20
court:	NJ Supreme Court
decided:	2021-12-30
status:
citation:
Document Size:	61767

4538 State of New Jersey v. Marcus Cassady -- rank: 813

... involving a salesman at a car dealership -- in violation of N.J.S.A. 2C:15-1. He was sentenced to two consecutive ten ... subject to the provisions of the No Early Release Act, N.J.S.A. 2C:43-7.2. Although concluding that the evidence presented ... with two counts of second-degree robbery, in violation of N.J.S.A. 2C:15-1. Defendant's trial strategy was two-fold ... also Cannel, New Jersey Criminal Code Annotated , comment 12 on N.J.S.A. 2C:1-8 (2008) ("[W]here the defendant makes the ...

docket:	a-94-07
court:
decided:	2009-03-11
status:
citation:	198 N.J. 165 966 A.2d 473
Document Size:	132014

4539 IN THE MATTER OF THE APPLICATION OF P.B.R. ENTERTAINMENT LLC., d\/b\/a MONSTER MINI GOLF FOR AN AMUSEMENT GAMES LICENCE -- rank: 813

... as an 'amusement park' under the Amusement Games Licensing Law, N.J.S.A. 5:8-100 to -103, and specifically the statutory requirement ... it provide 'food and merchandise concessions in permanent structures.' See N.J.S.A. 5:8-101. We vacate the Commission's decision and ... foods appellant intends to offer constitute food for purposes of N.J.S.A. 5:8-101, and second, whether appellant's proposed food ... licenses with the municipality and the Commission as required under N.J.S.A. 5:8-102. In December 2019, the Township of Cherry ... as permitted by the Amusement Games Licensing Law pursuant to N.J.S.A. 5:8- 115. Prior to the Township's approval, the ... of Amusement A-3312-22 7 Part [sic] found at N.J.S.A. 5:8-101' and claims that under the 'plain ...

docket:	a3312-22
court:	appellate
decided:	2024-05-07
status:	Unpublished
citation:
Document Size:	31254

4540 Aqua Beach Condominium Assn. v. Dept. of Community Affairs, etc., et. al. -- rank: 813

... certified as eligible to participate in the Fund. Authorized by N.J.S.A. 46:3B-7a, the Fund was established by the State ... Legislature adopted The New Home Warranty and Builders’ Registration Act, N.J.S.A. 46:3B-1 to -20 (Act). Section 7a of the ... from other funds and administered by the commissioner [of DCA].” N.J.S.A. 46:3B-7a. As the statute clearly notes, [t]he ... a reasonable time or are not satisfactory to the owner,” N.J.S.A. 46:3B-7c, participating homeowners are permitted to make claims ... of DCA in respect of the management of the Fund, N.J.S.A. 46:3B-7a, we hold that there is nothing arbitrary ... 1995): “Petitioners cannot omit these explicit procedures [set forth in N.J.S.A. 5:25-5.5(e)] and expect reimbursement for ...

docket:	a-111-04
court:	njsupreme
decided:	2006-01-18
status:
citation:	*CITE_PENDING*
Document Size:	54398

4541 IN THE MATTER OF THE CIVIL COMMITMENT OF T.L. -- rank: 813

... Unit (STU), pursuant to the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. In July 2019 ... conviction and was subject to community supervision for life (CSL), N.J.S.A. 2C:43-6.4, upon his release in 2008. He ... Z., 173 N.J. 109, 120, 132 (2002)); see also N.J.S.A. 30:4-27.32(a) (authorizing continued involuntary commitment of sexually violent predators). N.J.S.A. 30:4-27.26 defines a '[m]ental abnormality' as ... pose a threat to the health and safety of others.' N.J.S.A. 30:4-27.26. At the SVPA commitment hearing, 'the ... W.Z., 173 N.J. at 130. To that end, N.J.S.A. 30:4-27.32(c)(1) allows a court ...

docket:	a0849-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-23
status:	Unpublished
citation:
Document Size:	38618

4542 Tammy S. Blakey v. Continental Airlines, Inc., et als. -- rank: 813

... result which is such an element occurs within this State.” N.J.S.A. 2C:1-3a(1).     To repeat, the test for “due ...

docket:	a-5-99
court:	njsupreme
decided:	2000-06-01
status:
citation:	164 N.J. 38
Document Size:	96857

4543 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.C. -- rank: 813

... The Division initiated abuse or neglect proceedings under Title Nine, N.J.S.A. 9:6-1 to 9:6-8.106, but failed ... to effective assistance of counsel is protected both by statute, N.J.S.A. 30:4C-15.4(a), and the due process guarantee ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These factors are not mutually ... to the Dodd Act, which, as amended, is found at N.J.S.A. 9:6-8.21 to -8.82. The Act was ...

docket:	a4666-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-24
status:	unpublished
citation:
Document Size:	56722

4544 STATE OF NEW JERSEY v. JARON D. REEVEY -- rank: 813

... 2005, defendant Jaron Reevey was convicted of first-degree murder, N.J.S.A. 2C:11-3a(1) (count one); first-degree felony murder, N.J.S.A. 2C:11-3a(3) (count two); first-degree robbery, N.J.S.A. 2C:15-1 (count three); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a (count four); third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b (count five); and second-degree conspiracy to commit armed robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C: ...

docket:	a5882-13
court:	NJ Superior Court Appellate Division
decided:	2016-11-04
status:	unpublished
citation:
Document Size:	59947

4545 STONY BROOK CONSTRUCTION CO., INC. et al. v. THE COLLEGE OF NEW JERSEY -- rank: 813

... under the provisions of the New Jersey Prompt Payment Act, N.J.S.A. 52:32-32 to -39, which we will discuss later ... date of the amendment to the Contractual Liability Act (CLA), N.J.S.A. 59:13-1 to -10, that allowed prejudgment interest on ... a CLA "claim that accrues after the date of enactment." N.J.S.A. 2A:23A-1 to -30. "Although limited judicial review is ... taken from the APDRA, there are notable differences. For example, N.J.S.A. 2A:23A-18b provides that "[t]here shall be no ... CLA, as a result of which punitive damages are barred. N.J.S.A. 59:13-3. As we have discussed, a termination for ... entity which is statutorily authorized to sue and be sued ." N.J.S.A. 59:13-2 (emphasis added). TCNJ asserts that the ...

docket:	A1941-06
court:	NJ Superior Court Appellate Division
decided:	2008-06-16
status:	unpublished
citation:
Document Size:	118920