Search Rutgers Law Library N.J. Court Opinions

4966 LINDSTROM V. THE HANOVER INSURANCE COMPANY -- rank: 812

... of PIP coverage. In determining coverage, the trial court interpreted N.J.S.A. 39:6A-4 (section 4) of the New Jersey Reparation ... shot injuries was clearly an "accident" within the contemplation of N.J.S.A. 39:6A-4 of the New Jersey Reparation Reform Act ... from an automobile. [ L. 1988, c. 119, § 3 (codified at          N.J.S.A. 39:6A-4).] Plaintiff demanded payment under the policy for ... determining whether Kurt's injuries were within the contemplation of N.J.S.A. 39:6A-4 ("section four"), the Appellate Division reviewed cases ... scheme, found in the New Jersey Automobile Reparation Reform Act, N.J.S.A. 29:6A-1 to -35 (the Act), must be "liberally construed so as to effect the purpose thereof." N.J.S.A. 39:6A-16. This Court has characterized PIP coverage ...

docket:	a-30-94
court:	njsupreme
decided:	1994-12-19
status:
citation:	138 N.J. 242
Document Size:	48397

4967 IN THE MATTER OF THE PROVISION OF BASIC GENERATION SERVICE -- rank: 812

... the statutorily designated representative of the State's utility ratepayers. N.J.S.A. 52:27EE-49. Rate Counsel appeals from a portion of ... Legislature enacted the Electric Discount and Energy Competition Act (EDECA), N.J.S.A. 48:3-49 to -98.1. In re Ownership of ... provision of safe, adequate and proper services at reasonable prices. N.J.S.A. 48:3-50c. Under EDECA, electricity consumers have the option ... electricity from alternative energy suppliers, defined as "electric power suppliers." N.J.S.A. 48:3-51. Customers who do not choose this alternative ... service (BGS), which is provided by electric distribution companies (EDCs). N.J.S.A. 48:3-57. EDCs do not generate their own electricity ... require utilities to annually increase their reliance on renewable energy, N.J.S.A. 48:3-87d, here, solar power. Pursuant to BPU ...

docket:	a3200-07
court:	NJ Superior Court Appellate Division
decided:	2008-00-01
status:	published
citation:	411 N.J. Super. 69 984 A.2d 437
Document Size:	81061

4968 A-0426 ROYAL, LLC v. TOWNSHIP OF SOUTH BRUNSWICK, THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF SOUTH BRUNSWICK, THE PLANNING BOARD OF THE TOWNSHIP OF SOUTH BRUNSWICK, and PINEVILLE BRUNSWICK DEVELOPMENT ASSOC - July 27, 2015 -- rank: 812

... report-preparation provisions of the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-64 and N.J.S.A. 40:55D-26a. The court conducted a bench trial on ... rezoning laws in adopting Ordinance 6 and to comply with N.J.S.A. 40:55D-64 and N.J.S.A. 40:55D-26a, the referral and report-preparation provisions of ... to refer it to the Planning Board in conformance with N.J.S.A. 40:55D-64 6 , and for the Planning Board's ... failure to report back to the Council in conformance with N.J.S.A. 40:55D-26 7 . It is undisputed that the ...

docket:	a0461-13
court:	NJ Superior Court Appellate Division
decided:	2014-09-09
status:	unpublished
citation:
Document Size:	53307

4969 French v. New Jersey School Board Association Insurance Group -- rank: 812

... losses suffered. The nature of the coverage is defined by N.J.S.A. 17:28-1.1e. The fact that it must be ... offered by insurers as a mandatory option is dictated by N.J.S.A. 17:28-1.1b. N.J.S.A. 17:28-1.1c prohibits the stacking of UIM benefits ... J. Super. 94 , 96 (App. Div.) (holding that purpose of N.J.S.A. 17:28-1.1b, c, and e was to offer ... in Tyler , where the court observed:             The plain meaning of [ N.J.S.A. 17:28-1.1e] is that underinsured motorist benefits are ... require that we resort, at length, to the text of N.J.S.A. 17:28-1.1e:         For the purposes of this ...

docket:	a-96-96
court:	njsupreme
decided:	1997-06-25
status:
citation:	146 N.J. 500
Document Size:	53356

4970 LEONARD ROTHENBERG v. TOWNSHIP OF LONG BEACH -- rank: 812

... Jersey as wetlands pursuant to the Wetlands Act of 1970 ( N.J.S.A. 13:9A-1 [to -10]) shall be included in calculating ... decision. The trial judge concluded that plaintiffs presented "a classic [ N.J.S.A. 40:55D-70](c)(1) variance application[,] given the topographical ... purpose of deciding whether plaintiffs satisfied the negative criteria under N.J.S.A. 40:55D-70 with respect to fire and emergency vehicle ... Township and Board first argue that plaintiffs lacked standing under N.J.S.A. 40:55D-70 to apply for a variance because they ... J. 398 , 417-18 (1991). The Municipal Land Use Law, N.J.S.A. 40:55D-1 to -163, authorizes local boards of adjustment ... exceptional and undue hardship upon, the developer of such property." N.J.S.A. 40:55D-70(c)(1) (emphasis added). The statute ...

docket:	a4473-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-15
status:	unpublished
citation:
Document Size:	86045

4971 STATE OF NEW JERSEY V. JERMAINE WALKER -- rank: 812

... Williams were indicted for second degree conspiracy, in violation of N.J.S.A. 2C:5-2 and N.J.S.A. 2C:5-1 and N.J.S.A. 2C:39-4a. The indictment also charged defendant alone with ...

docket:	a2465-96
court:	njappellate
decided:	1999-06-30
status:	published
citation:	322 N.J.Super. 535
Document Size:	51353

4972 STATE OF NEW JERSEY v. TIWAN FLAGLER -- rank: 812

... and his codefendant, Darnell Wilson, for first-degree armed robbery, N.J.S.A. 2C:15-1 (count one); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count two); second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b) (count three); and second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count four). Flagler was also indicted ... additional counts for second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b) (count five); and second-degree ...

docket:	a2180-20
court:	NJ Superior Court Appellate Division
decided:	2024-02-27
status:	Unpublished
citation:
Document Size:	47165

4973 DEBRA SUZETTE GRIMM v. WALL TOWNSHIP ZONING BOARD OF ADJUSTMENT -- rank: 812

... received no notice of Dearborn's application, as required under N.J.S.A. 40:55D-12(b). The parties agree the lack of ... are clearly set forth in the Municipal Law Use Law [ N.J.S.A. 40:55D-1 to - 136 (MLUL)]. N.J.S.A. 40:55D-12 requires that at least ten days prior ... located within 200 feet in all directions of the property . . . . N.J.S.A. 40:55D-11 further mandates that such notice must contain ... agency must hold a hearing on each application for development. N.J.S.A. 40:55D-10(a). As Judge McCarthy aptly observed, notice ... considered and, . . . an identification of the property proposed for development.' N.J.S.A. 40:55D-11. Proper notice is a jurisdictional prerequisite. ...

docket:	a3944-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-17
status:	Unpublished
citation:
Document Size:	60973

4974 CITY OF LINDEN, County of Union, New Jersey v. BENEDICT MOTEL CORP. -- rank: 812

... their use could not be grandfathered by the Access Code.      N.J.S.A. 27:7-92a requires access permits for anyone seeking access ... 1, 1970," as if a permit had been issued. See N.J.S.A. 27:7-92c. N.J.A.C. 16:47-1 ...

docket:	A2805-02
court:	NJ Superior Court Appellate Division
decided:	2004-02-11
status:	published
citation:	370 N.J. Super. 372 851 A.2d 652
Document Size:	50461

4975 A-0JAMES R. HAPPOLD v. JEAN HASHER HAPPOLD -- rank: 812

... as the trial court also inadequately considered the statutory factors, N.J.S.A. 2A:34-23(b), we remanded for additional fact-finding ... a portion of the payment as a non-taxable payment." N.J.S.A. 2A:34-23(b)(12). The court simply acknowledged that ... assess, tax consequences of alimony, among other things); see also N.J.S.A. 2A:34-23(c) (stating that the court shall "make ...

docket:	a4700-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-03
status:	unpublished
citation:
Document Size:	57500

4976 /usr/local/share/www/libweb/collections/courts/appellate/a4635-17.opn.html -- rank: 812

... by the Dodd Act, which, as amended, is found at N.J.S.A. 9:6-8.21 to -8.82. See N.J ... neglected Adam by a preponderance of the evidence, pursuant to N.J.S.A. 9:6-8.21. A-4635-17T4 12 On October ... a similarly serious nature requiring the aid of the court . . . . [N.J.S.A. 9:6-8.21(c)(4)(b).] Where there is ... Ibid. After a fact-finding hearing is held pursuant to N.J.S.A. 9:6-8.44, if the court determines a child ... dispositional hearing is required to determine what order should issue. N.J.S.A. 9:6-8.45; see also N.J. Div. of ... Servs. v. G.M., 198 N.J. 382, 402 (2009)). N.J.S.A. 9:6-8.51 lists the options for an ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	33826

4977 STATE OF NEW JERSEY v. M.P.R. -- rank: 812

... coercion by vaginal, anal, and digital penetration, and by fellatio, N.J.S.A. 2C:14-2(c)(1); count five, first-degree kidnapping, N.J.S.A. 2C:13-1(b)(1); and count six, third-degree terroristic threats by threat to kill, N.J.S.A. 2C:12-3(b). At sentencing, on each of counts ... to serve 85% under the No Early Release Act (NERA), N.J.S.A. 2C:43- 7.2. Defendant appeals from his December 15 ... to determine whether the sentences 'shall run concurrently or consecutively.' N.J.S.A. 2C:44-5. 'In State v. Yarbough, the Court articulated ... was committed in an especially heinous, cruel, or depraved manner.' N.J.S.A. 2C:44-1(a)(1). The trial court could ...

docket:	a3604-14
court:	NJ Superior Court Appellate Division
decided:	2018-03-16
status:	unpublished
citation:
Document Size:	88385

4978 DAVID W. OPDERBECK v. MIDLAND PARK BOARD OF EDUCATION -- rank: 812

... or the like" under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, the Open Public Meetings Act (OPMA), N.J.S.A. 10:4-6 to -21, or the common law right ... the OPMA. We hold the term "agenda," as used in N.J.S.A. 10:4-8(d), does not impose a legal obligation ... the limited exceptional procedures specified in [the] Sunshine Law. See N.J.S.A. 10:4-9b. Please confirm that the full agenda, including ... the Board argues we should construe the term "agenda" in N.J.S.A. 10:4-8(d) by its ordinary meaning. Harking back ... to be included within the definition of "adequate notice" in N.J.S.A. 10:4-8(d). 3 Plaintiff argues that citing " ...

docket:	a2520-13
court:	NJ Superior Court Appellate Division
decided:	2015-08-18
status:	published
citation:	442 N.J.Super. 40 120 A.3d 967
Document Size:	57772

4979 STATE OF NEW JERSEY v. LAMAR WOODWARD -- rank: 812

... with two counts of possession of controlled dangerous substances (CDS), N.J.S.A. 2C:35-10(a)(1) (counts one and five); two counts of possession of CDS with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(3) (counts two and six); two ... with intent to distribute within 1000 feet of school property, N.J.S.A. 2C:35-7 (counts three and seven); and two counts ... public housing facility, a public park, or a public building, N.J.S.A. 2C:39-5(d) (counts four and eight). On March ... track, to meet the requirements for 'special probation,' [pursuant to N.J.S.A. 2C:35-14,] the applicant must have committed a ...

docket:	a5980-09
court:	NJ Superior Court Appellate Division
decided:	2011-09-23
status:	unpublished
citation:
Document Size:	41850

4980 Gilchinsky v. National Westminster Bank of NJ -- rank: 812

... removing the funds from the exemption from attachment conferred by N.J.S.A. 25:2-1.     Lea Gilchinsky was employed as a bookkeeper ... the funds in the IRA were immune from attachment under N.J.S.A. 25:2-1. On a subsequent motion for summary judgment ... held that the money was not exempt from attachment under N.J.S.A. 25:2-1.     The Appellate Division reversed, finding that the ... trial judge considered only a few of the factors under N.J.S.A. 25:2-1 provides a qualified immunity for funds deposited ... 9-10) 3. The purpose of the Fraudulent Transfer Act, N.J.S.A. 25:2-20 to -34, is to prevent a debtor ... courts generally look to the “badges of fraud” enumerated in N.J.S.A. 25:2-26. The Appellate Division made a critical ...

docket:	a-36-98
court:	njsupreme
decided:	1999-06-14
status:
citation:	159 N.J. 463
Document Size:	46617