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616 State v. Calvin Fair -- rank: 841

... The Court considers whether a prosecution for terroristic threats under N.J.S.A. 2C:12-3(a) premised on a mens rea of ... lived and what cars they drove. The terroristic threats statute, N.J.S.A. 2C:12-3, has two subsections. Subsection (a) provides that ... was indicted for actions “contrary to the provisions of N.J.S.A. 2C:12-3a and/or b.” Defendant moved to dismiss the indictment, arguing, among other things, that N.J.S.A. 2C:12-3(a) is unconstitutionally overbroad because it criminalizes ... the State asked that the court charge the jury on N.J.S.A. 2C:12-3(a) and/or (b). And the verdict ... that defendant committed third-degree terroristic threats in violation of N.J.S.A. 2C:12-3(a) and/or (b). During deliberations, ...

docket:	a-20-22
court:	NJ Superior Court Appellate Division
decided:	2024-01-16
status:
citation:
Document Size:	72971

617 STATE OF NEW JERSEY v. PAUL A. CARTER -- rank: 841

... lesser-included offenses of murder as charged in the indictment, N.J.S.A. 2C:11-3(a)(1). We disagree. An offense is ... culpability suffices to establish its commission. 4 A-0896-19 [N.J.S.A. 2C:1-8(d).] A trial court 'shall not charge ... for a verdict convicting the defendant of the included offense.' N.J.S.A. 2C:1-8(e). For that reason, when a defendant ... to human life.' Cruz, 163 N.J. at 417 (citing N.J.S.A. 2C:11-4(a)). 'The elements of aggravated and reckless ... deference. State v. Gandhi, 201 N.J. 161, 176 (2010). N.J.S.A. 2C:28-6(1) defines the crime for which defendant ... defendant's conviction for tampering with evidence in violation of N.J.S.A. 2C:28-6(1). 314 N.J. Super. at ...

docket:	a0896-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-15
status:	Unpublished
citation:
Document Size:	50170

618 STATE OF NEW JERSEY v. RODNEY ARMOUR -- rank: 841

... new trial if the fingerprint retesting were favorable, pursuant to N.J.S.A. 2A:84A-32a(d)(5).� After reviewing the record evidence ... was found guilty by a jury of second-degree robbery, N.J.S.A. 2C:15-1(a). We adopt the essential facts from ... term, as required by the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2." Armour I , supra , slip op. at ... include fingerprints" in the DNA retesting protocol set forth in N.J.S.A. 2A:84A-32a. He also reasoned that evidence potentially linking ... motion defendant sought retesting of the latent fingerprint pursuant to N.J.S.A. 2A:84A-32a to -32d (the DNA retesting statute), which ... 3) or (4) of subsection [(a)] of section 5 of [ N.J.S.A. 2C:25-21] or of any person believed to ...

docket:	a2006-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-19
status:	published
citation:	446 N.J.Super. 295 141 A.3d 381
Document Size:	66294

619 STATE OF NEW JERSEY v. DHARUN RAVI -- rank: 841

... with regard to T.C. and M.B., contrary to N.J.S.A. 2C:14-9(a); Count 2 , third degree bias intimidation ... with regard to T.C. and M.B., contrary to N.J.S.A. 2C:14-9(a) and N.J.S.A. 2C:16-1(a)(1) and (2), and with regard to T.C., contrary to N.J.S.A. 2C:14-9(a) and N.J.S.A. 2C:16-1(a)(3)(b); Count 3 , third degree ... with regard to T.C. and M.B., contrary to N.J.S.A. 2C:14-9(c); Count 4 , second degree bias ...

docket:	a4667-11
court:	NJ Superior Court Appellate Division
decided:	2016-08-09
status:	published
citation:	447 N.J.Super. 261 147 A.3d 455
Document Size:	138824

620 INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL #68 WELFARE FUND v. MERCK & CO., INC. -- rank: 841

... thereby violating New Jersey's Consumer Fraud Act (the Act), N.J.S.A. 56:8-1 to -20. See footnote 1 Plaintiff claims ... intent that others rely upon such concealment, suppression or omission[.]" N.J.S.A. 56:8-2. Unlawful practices under the Act "fall into ... or not New Jersey residents, who suffer "any ascertainable loss." N.J.S.A. 56:8-19. "As a prerequisite to the right to ... any method, act, or practice declared unlawful under this act[.]" N.J.S.A. 56:8-19. While common law fraud "requires proof of ... v. Elizabethtown Gas Co. , 77 N.J. 267 , 271 (1978))); N.J.S.A. 56:8-19. It is not necessary that the wrongful ...

docket:	A0450-05
court:	NJ Superior Court Appellate Division
decided:	2006-03-31
status:	published
citation:
Document Size:	78552

621 MACK-CALI REALTY CORP. v. STATE OF NEW JERSEY -- rank: 841

... Chapter 68) 1 to the Local Tax Authorization Act (LTAA), N.J.S.A. 40:48C-1 to -42, violated the United States and ... City pursuant to the Long-Term Tax Exemption Law (LTTEL), N.J.S.A. 40A:20-1 to -22. After considering oral argument, the ... amendments to the School Funding Reform Act of 2008 (SFRA), N.J.S.A. 18A:7F-43 to -63, violates the Education Clause of ... imposing any of the taxes' thereafter provided in the statute. N.J.S.A. 40:48C-1.3 One tax 3 Only Newark met ... 31–32 (App. Div. 2000). In 1990, the Legislature amended N.J.S.A. 40:48C-1 to reduce the population threshold to 200 ... a rate of . . . one percent of the employer's payroll.' N.J.S.A. 40:48C-15(a) (1970) (emphasis added). Chapter 68 ...

docket:	a3097-18
court:	NJ Superior Court Appellate Division
decided:	2021-02-16
status:	Published
citation:
Document Size:	96481

622 J.L. Muscarelle, Inc. v. Tp. of Saddle Brook -- rank: 841

... a complaint filed directly with the Tax Court pursuant to N.J.S.A. 54:3-21. Defendant has moved to dismiss the action ... 1994 have not been paid in full, as required by N.J.S.A. 54:3-27. It is undisputed that full payment of ... inconsistent results in the disposition of motions to dismiss under N.J.S.A. 54:3-27. The consolidated matters include the appeal concerning ... Brook. The assessment totaled $10,000,000. Pur- suant to N.J.S.A. 54:3-27 the taxing district moved to dismiss the ... dismissal of the complaint is not the appropriate sanction under N.J.S.A. 54:3-27 was addressed previously by this court in ... Court's dismissal of a local property tax complaint under N.J.S.A. 54:3-27. Plaintiff suggests that, because those cases ...

docket:	05610-94
court:
decided:	1995-02-10
status:
citation:	14 N.J. Tax 453
Document Size:	248600

623 IN THE MATTER ADOPTION OF N.J.A.C. 5:94 AND 5:95 BY THE NEW JERSEY COUNCIL ON AFFORDABLE HOUSING -- rank: 841

... 4 doctrine or the Fair Housing Act of 1985 (FHA), N.J.S.A. 52:27D-301 to -329. It also contends that regional ... the Legislature enacted the FHA and the State Planning Act, N.J.S.A. 52:27d-307. The FHA directed COAH to divide the ... not inconsistent with the planning designations in the State Plan. N.J.S.A. 52:27D-307e. The State Planning Commission must provide COAH ... overcome the presumption of validity by clear and convincing evidence, N.J.S.A. 52:27D-317, violated the right of a party to ... into a regional contribution agreement (RCA) with the other municipality. N.J.S.A. 52:27D-312. The Court upheld the constitutionality of RCAs ... to adopt rules to discharge its constitutional and statutory obligations. N.J.S.A. 52:27D-307. Regulations of an administrative agency enacted ...

docket:	A2706-04
court:	NJ Superior Court Appellate Division
decided:	2007-01-25
status:	published
citation:	390 N.J. Super. 1 914 A.2d 348
Document Size:	190664

624 BUILDING MATERIALS CORPORATION OF AMERICA v. ALLSTATE INSURANCE COMPANY -- rank: 841

... insurance companies. 4 Pursuant to the Uniform Declaratory Judgment Act, N.J.S.A. 2A:16-50 to -62, GAF sought a declaration that ... 3) violated the New Jersey Insurance Fraud Prevention Act (IFPA), N.J.S.A. 17:33A-1 to -30. Pretrial discovery proceeded for several ... fact or thing material to an insurance application or contract[.] [ N.J.S.A. 17:33A-4(a)(4).] An insurance company damaged as ... in any court of competent jurisdiction to recover compensatory damages. N.J.S.A. 17:33A-7(a). In order to accomplish its purpose ...

docket:	a4444-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-13
status:	published
citation:	424 N.J. Super. 448 38 A.3d 644
Document Size:	109716

625 BELMONT CONDOMINIUM ASSOCIATION INC v. DEAN GEIBEL -- rank: 841

... violations of The Planned Real Estate Development Full Disclosure Act, N.J.S.A. 45:22A-21 to -56 (PREDFDA), and the Consumer Fraud Act, N.J.S.A. 56:8-1 to -20 (CFA). All claims arose from ... Id. at 109. Pursuant to the New Jersey Condominium Act, N.J.S.A. 46:8B-1 to -38 (NJCA), the association "shall be ... of all activities of common interest to the unit owners." N.J.S.A. 46:8B-12. "Association" is defined as "the entity responsible ... of a condominium, which entity may be incorporated or unincorporated." N.J.S.A. 46:8B-3. "[T]he association shall be an entity ... and may enter into contracts, bring suit and be sued ." N.J.S.A. 46:8B-15(a) (emphasis added). An association "may ...

docket:	a2584-10
court:	NJ Superior Court Appellate Division
decided:	2013-04-08
status:	published
citation:	432 N.J.Super. 52 74 A.3d 10
Document Size:	141608

626 IN THE MATTER OF APPEAL OF R.N.\u0027S APPLICATION FOR A FIREARMS PURCHASER IDENTIFICATION CARD, ETC. -- rank: 841

... issued pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25- 17 to -35, we refer to appellant and ... be in the interest of public health, safety, or welfare.' N.J.S.A. 2C:58-3(c)(5). The court's order followed ... Chief providing his reasons for denying R.N.'s application: N.J.S.[A.] 2C:58-3(c)(5)[,] which states: 'To any person ... purchase permits to be issued to R.N. pursuant to N.J.S.A. 2C:58-3(c)(5), which in pertinent part prohibits ... interest of the public health, safety, and welfare' pursuant to N.J.S.A. 2C:58-3(c)(5), and in accord with In ... or withdrawn, in determining whether an applicant is disqualified under N.J.S.A. 2C:58-3(c)(5). Ibid. The court relied ...

docket:	a4015-21
court:	appellate
decided:	2024-08-02
status:	Unpublished
citation:
Document Size:	35676

627 CHIEF LOUIS MERCURO v. BOROUGH OF HALEDON -- rank: 841

... Haledon's failure to pass an ordinance, as required by N.J.S.A. 40A:14-118, specifically designating the "appropriate authority" for disciplining ... of the hearings, pursuant to the Open Public Records Act, N.J.S.A. 14:1A-1 to -13, it was determined Cushing represented ... designate or appoint an "appropriate authority" as set forth in N.J.S.A. 40A:14-118. Plaintiff further argued Cushing had an impermissible ... since Haledon did not appoint an appropriate authority pursuant to N.J.S.A. 40A:14-118, and Cushing had an impermissible conflict of ... judge, seeking to recover counsel fees and costs, pursuant to N.J.S.A. 40A:14-155. Haledon opposed the motion. The motion was ... found "the assessment of the propriety of [counsel] fees under N.J.S.A. 40A:14-155 necessitates factual determinations at trial." After ...

docket:	a1691-12
court:	NJ Superior Court Appellate Division
decided:	2015-12-03
status:	unpublished
citation:
Document Size:	91530

628 DIVISION OF YOUTH AND FAMILY SERVICES,1 v. B.G. and V.M IN THE MATTER OF J.M.G., a minor NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. V.M. and B.G IN THE MATTER OF THE GUARDIANSHIP OF J.M.G., a minor Before Judges Messano, Lihotz and Ost -- rank: 841

... fourth prongs of the best interests of the child test, N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence ... G. filed motions for return of the child pursuant to N.J.S.A. 9:6-8.32, and, alternatively, for visitation. In a ... afford her the opportunity, under the criteria set forth in N.J.S.A. 30:4C-15.1(a), to contest the charges of ... SUPPORT THE CONCLUSION THAT THE SECOND AND FOURTH PRONGS OF N.J.S.A. 30:4C-15.1a WERE NOW SATISFIED BY CLEAR AND ... THAT IT DID NOT PROPERLY EVALUATE THE THIRD PRONG OF N.J.S.A. 30:4C:15.1a AS REQUIRED BY THE STATUTE. A ... THE EVIDENCE AFTER REMAND TO SATISFY THE FIRST PRONG OF N.J.S.A. 30:4C-15.1a. B.G. presents the following ...

docket:	a0355-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-09-03
status:	Published
citation:
Document Size:	196965

629 State v. Amrit Singh -- rank: 841

... to defendant. B. Defendant was charged with first-degree robbery, N.J.S.A. 2C:15-1; third-degree theft, N.J.S.A. 2C:20-3; third-degree possession of a knife for an unlawful purpose, N.J.S.A. 2C:39-4(d); fourth-degree unlawful possession of a knife, N.J.S.A. 2C:39-5(d); third-degree resisting arrest by force, N.J.S.A. 2C:29-2(a)(3); fourth-degree resisting arrest by flight, N.J.S.A. 2C:29-2(a)(2); fourth-degree obstruction, N. ...

docket:	a-37-19
court:	NJ Supreme Court
decided:	2021-01-21
status:
citation:
Document Size:	75578

630 JOHN McDARBY v. MERCK & CO., INC. -- rank: 841

... the applicability of the New Jersey Product Liability Act (PLA), N.J.S.A. 2A:58C-1 to -11, and the New Jersey Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -156, that underlie this appeal. The ... part of a manufacturer for failure to provide adequate warnings, N.J.S.A. 2A:58C-2, and defined an adequate product warning as ... of, and the ordinary knowledge common to, the prescribing physician." N.J.S.A. 2A:58C-4. That latter provision additionally establishes a rebuttable ... of pharmaceuticals, but held that the presumption set forth in N.J.S.A. 2A:58C-4 was applicable in this context as well ...

docket:	A0077-07
court:	New Jersey Superior Court Appellate Division
decided:	2008-05-29
status:	published
citation:	401 N.J.Super. 10 949 A.2d 223
Document Size:	256363