Search Rutgers Law Library N.J. Court Opinions

256 DAVID JOHNSON v. MOLLY V.G.B. JOHNSON -- rank: 594

... Jersey Alternative Procedure for Dispute Resolution Act (APDRA), N.J.S.A. 2A:23A-1 to -30. The agreement further specified ... vacation for any of the reasons recognized in N.J.S.A. 2A:23A-13 of the APDRA." It limited appeals ... 456 (2009). Plaintiff filed a motion to confirm Dr. White's deci­sion, and defendant filed a cross-motion opposing confirmation ... rather limits review to the issues identified in N.J.S.A. 2A:23A-13. Plaintiff, on the other hand, argued ... it pertained to arbitration under the Arbitration Act, N.J.S.A. 2A:23B-1 to -32, and the arbitration in ... Septem­ber 29, 2008, in which he confirmed Dr. White's decision. He reviewed the arbitrator's decision in detail. ...

docket:	a0704-08
court:	superior court appellate division
decided:	2009-12-21
status:	published
citation:	411 N.J. Super. 161 984 A.2d 912
Document Size:	64737

257 A-0RONALD RAGIN v. POLICE OFFICER HERRAN POLICE OFFICER MUHAMMAD POLICE DIRECTOR GARRY MCCARTHY, POLICE COMMISIONER ANTHONY CAMPOS, MAYOR COREY BOOKER, and CITY OF NEWARK - and RON MCGEE -- rank: 594

... 10. Ronald M. Gutwirth argued the cause for appellant. Gary S. Lipshutz, Assistant Corporation Counsel, argued the cause for respondents (Karen ... CURIAM In this civil rights action brought under 42 U.S.C.A. § 1983, plaintiff Ronald Ragin appeals a February ... drugs. Plaintiff claims that when the inmates smoked drugs, Herran's reaction was merely to spray air freshener into the cell ... Lee, began smoking crack cocaine from a pipe. Concerned Lee's drug use would jeopardize his own release, plaintiff asked Lee ... the eye. He eventually lost his eye. Defendants dispute plaintiff's account of the incident, claiming plaintiff was physically aggressive toward ... injured his eye when he ran into one of Lee's knuckles. However, as this was defendants' motion for summary ...

docket:	a2904-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-13
status:	unpublished
citation:
Document Size:	30911

258 HUDSON TEA BUILDINGS CONDOMINIUM ASSOCIATION, INC., JOHN AND TANDI ALTOMARE, LISA BALDOWSKI, BG LEGACY R/E HOLDINGS, LLC MIRAM BRODY AND ISAAC KRAMNICK, WENDY CHAITIN MICHAEL CHANG, FIONA CONNEL PATRICK CROSETTO JUDITH DANIELS JOSEPH AND ANN D'ELIA ANTHON -- rank: 591

... VINGER, PETER STACKLIFF AND ADRIANA KALOVA, CRYSTAL CALABRESE, JODIE TUNIS, 480 CLIFTON AVE ASSOC – DOUG DOWNEY, THOMAS DEGEN, PHILIP AND ... their claims. Defendants did not seek dismissal of the Association's claims related to common elements, although what constituted common elements ... The public offering statement identified Block 268 as the condominium's sponsor. Roughly 184 of the current plaintiffs entered purchase agreements ... hereby agrees that any and all disputes with Seller, Seller's parent company, or their subsidiaries or affiliates, whether statutory, contractual ... in any manner transfer this Agreement or any of Buyer's rights, title and interest therein. This Agreement shall extend to ... Planned Real Estate Development Full Disclosure Act (PREDFDA), N.J.S.A. 45:22A-21 to -56 (counts one and ...

docket:	a3789-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-29
status:	unpublished
citation:
Document Size:	58216

259 MAUREEN SCHAEFER et al. v. CEDAR FAIR, L.P., incorrectly named as DORNEY PARK &<br -- rank: 591

... accidents on the water slide, and (2) whether the jury's verdict was against the weight of the evidence. In Wymbs ... exercised his discretion to allow evidence of the water slide's safety history. We find no reversible error and affirm.                         I ... sustained on Monday, August 28, 1995, while using the park's Lightning Falls water slide. Plaintiff Jerry Schaefer sought damages for ... objections to certain videotaped testimony of J.C. Hunsucker, defendant's liability expert. On the day trial commenced, July 10, 2000 ... to the appeal, the judge overruled plaintiffs' objections concerning Hunsucker's reference to the lack of prior accidents on the water slide and permitted testimony that Schaefer's accident was the only one of its kind to ...

docket:	A0708-00
court:	NJ Superior Court Appellate Division
decided:	2002-02-27
status:	published
citation:	348 N.J. Super. 223 791 A.2d 105
Document Size:	50756

260 STATE OF NEW JERSEY v. P.L.M -- rank: 588

... ineffective by neglecting to raise as error the trial court's decision not to disclose to the defense certain Division of ... three counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a); three counts of second-degree sexual assault, N.J.S.A. 2C:14-2(b); three counts of second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a); and one count of second-degree attempted sexual assault, N.J.S.A. 2C:5-1 and 14-2(b). These charges ... history be kept from her grandmother. The judge denied defendant's motion to pierce the protection of the Rape Shield ...

docket:	a1703-11
court:	New Jersey Superior Court Appellate Division
decided:	2014-03-03
status:	Published
citation:
Document Size:	33293

261 STATE OF NEW JERSEY v. DAVID Z. MASSA -- rank: 588

... conditional guilty plea for driving while intoxicated (DWI), N.J.S.A. 39:4-50, after a trial de novo in ... July 27, 2008, the Rutgers University Police pulled over defendant's vehicle and conducted a series of field sobriety tests. Defendant submitted to an Alcotest breath examination, which recorded defendant's blood alcohol content at 0.17 percent. The police arrested ... issued a complaint-summons for driving while intoxicated, N.J.S.A. 39:4-50, and failure to wear a seatbelt, N.J.S.A. 39:3-76.2f. Subsequently, defendant filed a motion ... On November 30, 2009, the municipal court judge heard defendant's motion. Defendant maintained that he was entitled to specific ...

docket:	a0930-12
court:	NJ Superior Court Appellate Division
decided:	2013-07-24
status:	unpublished
citation:
Document Size:	28971

262 Hardwicke v. American Boychoir School -- rank: 585

... liability under the Child Sexual Abuse Act (CSAA), N.J.S.A. 2A:61B-1; whether the Charitable Immunity Act (CIA), N.J.S.A. 2A:53-7 to -11, bars only those claims ... Hanson was hired as Music Director, one of the School’s principal administrators. He controlled the musical program, served as the ... and on School-sponsored trips. Other School staff and Hanson’s friends also abused Hardwicke. Hardwicke claims that the School condoned ... hired even though his pedophilic tendencies were known; that Hanson’s abuse was open and frequent; that many employees sexually abused ... the current year.” The letter also stated that Hanson’s “story at the Boychoir School is one of ...

docket:	a-17-04
court:
decided:	2006-08-08
status:
citation:	*CITE_PENDING*
Document Size:	190776

263 LARRY D. CLANTON v. NISSAN NORTH AMERICA INC. -- rank: 585

... AROUND FENCE, INC., Third-Party Defendants. ___________________________________ HIGH POINT INSURANCE a/s/o LARRY D. CLANTON, WILLIAM CLANTON, JR., Plaintiff, v. NISSAN ... and pre-judgment interest. Plaintiff cross-appeals from the court's dismissal of his punitive damages claim. Having reviewed the parties ... we affirm on the appeal, except as to the court's refusal to reduce the damage award by the amount of ... the opposite direction. The wheel struck the hood of plaintiff's car, which was traveling in the fast lane at the ... happened after the wheel struck the hood. But, the jury's verdict reflects it found plaintiff's version persuasive. Plaintiff's experts asserted the wheel next ...

docket:	a1737-13
court:	NJ Superior Court Appellate Division
decided:	2015-09-10
status:	unpublished
citation:
Document Size:	81354

264 STATE OF NEW JERSEY v. ROBERT T. TODD -- rank: 585

... guilty on three counts of third degree burglary, N.J.S.A. 2C:18-2, and one count of theft, 184 ... will not comment on those issues. We will consider Todd's other arguments: (1) he was entitled to acquittal or a ... party could have produced certain witnesses, thereby lowering the State's burden of proof; and (8) the prosecutor violated a prior ... 13, 1998, Helen Musella, a secretary in the Fairview Clerk's Office, lived alone in an apartment on the second floor ... street. He placed something on the ground by the fence's locked gate and walked back into the parking lot. As ... on top, very light-colored, that was open. And that's what I remember. She also stated that he was ...

docket:	a5314-03
court:	njappellate
decided:	2005-12-13
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	133867

265 MAJESTIC CONTRACTING LLC v. WILLIAM H. NUNZIATO -- rank: 585

... certain actions prior to signing the subdivision plat for Majestic's subdivision known as Evergreen Estates. Majestic also challenges the validity of the Township's ordinances requiring a developer agreement, drainage-basin maintenance escrow agreement ... B)(1). The Board held a public hearing on Majestic's application in October 2005. On November 3, it adopted a ... subdivision approval and also woodlands management approval. In the resolution's findings of fact, the Board noted that Majestic had "agreed to comply with all recommendations by the Township's Certified Tree Expert." The resolution also contained the following conditions to the Board's approval: 2. Except where specifically modified by the terms ...

docket:	a1659-09
court:	NJ Superior Court Appellate Division
decided:	2011-11-18
status:	unpublished
citation:
Document Size:	48409

266 STATE OF NEW JERSEY v. ANTHONY CHAPARRO -- rank: 585

... was convicted of first-degree aggravated sexual assault, N.J.S.A. 2C:15-1 (Count Two); second-degree sexual assault, N.J.S.A. 2C:14-3a (Count Four); and fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3b (Count Five). At sentencing, the trial ... ineligibility pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2. The judge imposed a consecutive ... buttocks and removing her bra. Defendant took from F.P.'s person her earrings, necklaces and two rings. He began touching ... to three minutes, defendant removed his penis from F.P.'s mouth and began to masturbate. He ejaculated on her ...

docket:	a6255-03
court:	njappellate
decided:	2006-04-10
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	82549

267 TINA SHIPE v. SAKER SHOPRITES, INC -- rank: 585

... of the New York bar, admitted pro hac vice, Jeremy S. Rosof (Shaub, Ahmuty, Citrin & Spratt, LLP) of the New York ... of the New Jersey Law Against Discrimination ("LAD"), N.J.S.A. 10:5-1 to -49. For the reasons that follow, we reverse the jury's finding of liability and its awards of emotional distress damages ... new trial on those issues. However, we affirm the jury's award of back pay, contingent upon the outcome of the ... second time. In June 2011, we reversed the trial court's grant of summary judgment to Saker, upon determining that plaintiff ... App. Div. June 29, 2011). The Supreme Court denied defendant's petition for certification. 208 N.J. 601 (2011). The ...

docket:	a5227-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-06-25
status:	Published
citation:
Document Size:	69518

268 STATE OF NEW JERSEY v. JAMES BLACK -- rank: 585

... murder on February 20, 1995. In our opinion affirming Black's conviction, we outlined the underlying facts as follows: Evidence produced ... defendant was ordered by Mills to leave. To prevent defendant's return, Mills took defendant's apartment key, and later changed the apartment's locks. Nonetheless, defendant continued to seek contact with Mills. Shortly ... the event was not witnessed, persons who came to Mills's aid immediately after the assault found her crying and holding ... that he was merely concerned as the result of Mills's absence for her wellbeing, and asserted that he had ...

docket:	a6375-08
court:	NJ Superior Court Appellate Division
decided:	2011-05-20
status:	unpublished
citation:
Document Size:	46180

269 DAVID A. GARFINKEL, M.D. v. MORRISTOWN OBSTETRICS and GYNECOLOGY ASSOCIATES, P.A., et al. -- rank: 585

... New Jersey Law Against Discrimination ("L.A.D."), N.J.S.A. 10:5-1 to -42, asserting he was terminated ... to arbitration."     The arbitration clause in paragraph 18 of plaintiff's agreement with MOGA provides:         [e]xcept as otherwise expressly set ... MOGA and Ramieri asserted as an affirmative defense that "plaintiff's complaint is barred by the Arbitration Clause in the agreement ... decision in Gilmer v. Interstate/Johnson Lane Corp. , 500 U.S. 20 , 11 S.Ct. 1647 , 114 L.Ed.2d 26 (1991), that even ...

docket:	a3326-98
court:	njappellate
decided:	2000-07-25
status:	published
citation:	333 N.J.Super. 291
Document Size:	46377

270 ROY M. VICTOR Cross- v. STATE OF NEW JERSEY NEW JERSEY -- rank: 585

... of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. Plaintiff's complaint included an allegation that the NJSP failed to accommodate plaintiff's physical disability. As to that claim, we address whether plaintiff ... an adverse employment action as a result of his employer's failure to accommodate his disability. Following our review of the ... the Totowa NJSP Substation as a Trooper I. When plaintiff's causes of action accrued, Wagner was the Totowa Station Commander ... was the Totowa Squad Sergeant, and Dr. Izzi was NJSP's director of medical services to whom each troop division ...

docket:	a6001-05
court:	njappellate
decided:	2008-07-24
status:	published
citation:	401 N.J.Super. 596
Document Size:	87784