Search Rutgers Law Library N.J. Court Opinions

4726 DIAL, INC. v. CITY OF PASSAIC -- rank: 813

... challenges the validity of a portion of a state statute, N.J.S.A. 39:4-197.7. The provision authorizes municipalities to charge ... same legal grounds, plaintiff challenges an ordinance adopted pursuant to N.J.S.A. 39:4-197.7 by the City of Passaic. The ... In 1977, the Legislature enacted a statute within Title 39, N.J.S.A. 39:4-197.6 to -197.7, authorizing New Jersey ... pursuant to the provisions of P.L.1949, c.280 ([ N.J.S.A. ] 39:4-204 et seq.), provided such parking is not ... thereof would not interfere with the normal flow of traffic . [ N.J.S.A. 39:4-197.6 (emphasis added).] The companion provision, N.J.S.A. 39:4-197.7, states that: Any municipality enacting ...

docket:	a2106-13
court:	NJ Superior Court Appellate Division
decided:	2016-01-14
status:	published
citation:	443 N.J.Super. 492 129 A.3d 369
Document Size:	66029

4727 MICHAEL STOECKER v. NORTH HUDSON REGIONAL FIRE & RESCUE -- rank: 813

... Brian McEldowney, violated the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. Plaintiff argues the motion judge ... failure to accommodate as additional basis for his complaint per N.J.S.A. 10:5-5[]. Even giving, as required, all possible favorable ...

docket:	a0337-08
court:	NJ Superior Court Appellate Division
decided:	2009-11-06
status:	unpublished
citation:
Document Size:	92589

4728 IN THE MATTER OF THOMAS ORBAN/SQUARE PROPERTIES, LLC -- rank: 813

... issued under the authority of the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 to -30, and its implementing regulations, N ... to the permit to the Department through Princeton Hydro. See N.J.S.A. 52:14B-3.1(a). The Department likewise had an ... N.J. Super. 387, 401-02 (App. Div. 2006); see N.J.S.A. 13:9B-9. In light of our remand for further ...

docket:	a3072-16
court:	NJ Superior Court Appellate Division
decided:	2019-08-29
status:	Published
citation:	--- A.3d ----
Document Size:	52866

4729 STATE OF NEW JERSEY v. JOSHUA A. TOLIVER -- rank: 813

... 2 Indicted on charges including third-degree possession of CDS, N.J.S.A. 2C:35-10(a)(1) (count one), and second-degree possession with intent to distribute, N.J.S.A. 2C:35-5(b)(9)(a) (count two), defendant initially ... weigh the aggravating and mitigating sentencing factors set forth in N.J.S.A. 2C:44-1(a) and (b). Following the court's ... Jersey.' Id. at 521. The statutory framework set forth in N.J.S.A. 2C:35-14 equipped sentencing courts with a statutory tool ... treatment rather than on imprisonment. The farsighted goal expressed in N.J.S.A. 2C:35-14 remained unfulfilled, however, because there was at ... they are] presently subject to the presumption of imprisonment in N.J.S.A. 2C:44-1(d) or to a mandatory period ...

docket:	a1528-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-20
status:	Unpublished
citation:
Document Size:	45953

4730 /usr/local/share/www/libweb/collections/courts/appellate/a3387-11xx.opn.html -- rank: 813

... conviction. I. Defendants were charged with purposeful or knowing murder, N.J.S.A. 2C:11-3(a)(1) or (2) (count one); unlawful possession of a weapon, N.J.S.A. 2C:39-5(d) (count two); possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d) (count three); first-degree robbery, N.J.S.A. 2C:15-1 (count four); felony murder, N.J.S.A. 2C:11-3(a)(3) (count five); and bias intimidation, N.J.S.A. 2C:16-1(a)(3) (count six). Wayne also ...

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court:	NJ Superior Court Law/Chancery Division
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4731 STATE OF NEW JERSEY v. JOSEPH EHRMAN -- rank: 813

... conferred under the New Jersey Limited Liability Company Act (LLCA), N.J.S.A. 42:2B-1 to - 70, which was supplemented and repealed ... part by the Revised Uniform Limited Liability Company Act (RLLCA), N.J.S.A. 42:2C-1 to -94. Under N.J.S.A. 42:2C-4, '[a] limited liability company may have any lawful purpose,' N.J.S.A. 42:2C-4(b), and 'is an entity distinct from its members.' N.J.S.A. 42:2C-4(a). Thus, '[t]he debts, obligations, or ... solely the debts, obligations, or other liabilities of the company,' N.J.S.A. 42:2C-30(a)(1), and 'do not become ...

docket:	a4144-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-23
status:	Published
citation:
Document Size:	66505

4732 ROBIN M. DICKSON v. TOWNSHIP OF HAMILTON -- rank: 813

... examine provisions of the New Jersey Tort Claims Act (Act), N.J.S.A. 59:1-2 to 12-3. Specifically, we address the scope and applicability of weather immunity, pursuant to N.J.S.A. 59:4-7. Plaintiff, while operating a motor vehicle eastbound ... judge granted the State's motion, citing immunity pursuant to N.J.S.A. 59:4-7, and denied plaintiff's motion concluding sufficient ... determine that the Township is immune from suit pursuant to N.J.S.A. 59:4-7. We reverse and remand to the Law ... 159 N.J. 532 , 539 (1999). "As the Comment to N.J.S.A. 59:2-1 . . . states, courts should employ an analysis that ... General's Task Force Report on Sovereign Immunity, comment to N.J.S.A. 59:2-1 (1972)); Pico , supra , 116 N.J. ...

docket:	A0422-07
court:	NJ Superior Court Appellate Division
decided:	2008-05-15
status:	published
citation:	400 N.J.Super. 189
Document Size:	68762

4733 Andrew J. Shechtel v. Director, Div. of Taxation -- rank: 813

... for New Jersey Gross Income Tax (“GIT”) purposes under N.J.S.A. 54A:8-3(a). Taxation cross-moved for summary judgment ... forward of suspended losses to subsequent years is prohibited by N.J.S.A. 54A:5-2, the controlling statute for GIT purposes. This ... forward of suspended losses to subsequent years is prohibited by N.J.S.A 54A:5-2, and that the at- risk rules of ... were (1) not a method of accounting for purposes of N.J.S.A. 54:8-3(a); and, (2) even if deemed a ... could not supersede the carry-forward of loss prohibition in N.J.S.A 54A:5-2. The court also found that the principles ... was not completed until September 2014.” It cites to N.J.S.A. 54A:9-7(d) and N.J.A.C. ...

docket:	000295-17
court:	NJ Tax Court
decided:	2017-08-22
status:	Unpublished
citation:	31 N.J.Tax 89
Document Size:	42338

4734 ISAAC ASHWAL, et al. v. PRESTIGE MANAGEMENT SERVICES, INC., et al. -- rank: 813

... affiliation, contrary to the New Jersey Law Against Discrimination ("LAD"), N.J.S.A. 10:5-3. The jury awarded both plaintiffs compensatory damages ... Attorneys fees were subsequently awarded to plaintiffs' counsel pursuant to N.J.S.A. 10:5-27.1. Defendants moved for a new trial ... based on, among other things, "creed," "national origin," or "ancestry." N.J.S.A. 10:5-3. In analyzing claims under the LAD, New ... claims under New Jersey's Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8); Bergen Commer. Bank v. Sisler ...

docket:	a4629-05
court:	njappellate
decided:	2007-10-16
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	154619

4735 /usr/local/share/www/libweb/collections/courts/appellate/a3611-19.opn.html -- rank: 813

... defendant guilty of second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b). The court sentenced defendant to eight ... not follow the court's instruction or their oath.' Ibid.; N.J.S.A. 2B:23-11; R. 1:8-3(b). In addition ... providing a reason. Andujar, 247 N.J. at 296; see N.J.S.A. 2B:23-13(c); R. 1:8-3(d). 5 ... guilty to that offense. The judge found aggravating factors three, N.J.S.A. 2C:44-1(a)(3), six, N.J.S.A. 2C:44-1(a)(6), and nine, N.J.S.A. 2C:44-1(a)(9), applied. He did not ...

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4736 /usr/local/share/www/libweb/collections/courts/appellate/a0984-18.opn.html -- rank: 813

... Harrison was tried by jury 1 for first-degree murder, N.J.S.A. 2C:11-3(a)(1), (2) and corresponding gun charges ... jurisdiction allowing defendant to be tried in adult court. See N.J.S.A. 2A:4A- 26 (the statute still in effect at the ...

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4737 OF YOUTH AND FAMILY SERVICES v. J.V. and E.A.G IN THE MATTER OF THE GUARDIANSHIP OF J.A.V.-G., a minor -- rank: 813

... J. Furnari addressed the standards governing termination of parental rights, N.J.S.A. 30:4C-15.1(a)(1) to (4), as well ... AND CONVINCING PROOF SUFFICIENT TO SATISFY THE FOUR PRONGS OF N.J.S.A. 30:4C-15.1(A). A. THERE WAS NOT CLEAR ... K.H.O. , 161 N.J. 337 , 347 (1999). Under N.J.S.A. 30:4C-15.1(a), the Division can initiate a ... the court's finding of endangerment under prong one of N.J.S.A. 30:4C-15.1(a) was not supported in the ... court has considered alternatives to the termination of parental rights[.]" N.J.S.A. 30:4C-15.1(a)(3). Both parents contend that ... relatives who may be able to care for the child. N.J.S.A. 30:4C-12.1; N.J. Div. of Youth & ...

docket:	a5042-10
court:	NJ Superior Court Appellate Division
decided:	2012-11-15
status:	unpublished
citation:
Document Size:	49330

4738 PAUL MORGAN v. KRISTIN MORGAN -- rank: 813

... was required to authorize their relocation to another state. See N.J.S.A. 9:2-2. The initial question to be resolved on ...

docket:	a6094-06
court:	superior court appellate division
decided:	2010-04-29
status:	unpublished
citation:
Document Size:	163394

4739 SYLVAN DENTAL, P.A., v. CATHERINE CHEN -- rank: 813

... fees and costs pursuant to Rule 1:4-8 and N.J.S.A. 2A:15-59.1 on the ground that Chen had ... in order to sustain a punitive damages award.' Ibid.; see N.J.S.A. 2A:15-5.9 to -5.17; see also Ward ... at $500 in accordance with the Punitive Damages Act. See N.J.S.A. 2A:15-5.10 (defining nominal damages as 'damages that ... 24 Rule 1:4-8 and the frivolous litigation statute, N.J.S.A. 2A:15-59.1, authorize sanctions, including reasonable attorney's ... cross-claim or defense of the nonprevailing person was frivolous. [N.J.S.A. 2A:15-59.1(a)(1).] To find 'a complaint ... argument for an extension, modification or reversal of existing law. [N.J.S.A. 2A:15-59.1(b).] Subsection (b) or Rule ...

docket:	a4544-18
court:	NJ Superior Court Appellate Division
decided:	2021-08-19
status:	Unpublished
citation:
Document Size:	57979

4740 EMC MORTGAGE CORPORATION v. ISHAQUE CHAUDHRI -- rank: 813

... interpreting the notice requirements of the Fair Foreclosure Act (FFA), N.J.S.A. 2A:50-53 to -68 , and incorrectly imposed an obligation ... 378 N.J. Super. 449 , 456 (App. Div. 2005) (quoting N.J.S.A. 2A:50-54. Because the issuance of the FFA notice ... s calculation of the amount required to cure the default. [ N.J.S.A. 2A:50-56(c).] The FFA does not state the ... thirty days prior to the initiation of a foreclosure action. N.J.S.A. 2A:50-61. Accordingly, courts are not free to deviate ... mail and first class mail satisfies the statutory requirements of N.J.S.A. 2A:50-56. Nothing more is required. The Chaudhris' contention ... judgment to the Chaudhris because of a perceived noncompliance with N.J.S.A. 2A:50-56. The evidence of record proves otherwise. ...

docket:	a5261-06
court:	njappellate
decided:	2008-04-21
status:	published
citation:	*CITE_PENDING*
Document Size:	102342