Search Rutgers Law Library N.J. Court Opinions

76 LOUIS HORNBERGER, ROBERT TONKERY et al. v. AMERICAN BROADCASTING COMPANIES, INC., et al. -- rank: 782

... the Superior Court of New Jersey, Law Division, Middlesex County, L- 10768-97,         Neville L. Johnson (Johnson & Rishwain) of the California Bar, admitted pro hac ... broadcast was defamatory and portrayed them in a false light; (2) a portion of the recording of a conversation between two ... did not produce and publish the broadcast with actual malice; (2) on the electronic surveillance claim, plaintiffs had no expectation of ... officer that the same car was "driving around" and "suspicious"; (2) no valid insurance card; (3) Campbell's lie that he ... that PrimeTime Live was a "tabloid television show" which "pander[ed] to voyeuristic desires and other base emotions," demeaned and ...

docket:	A0783-00
court:	NJ Superior Court Appellate Division
decided:	2002-05-21
status:	published
citation:	351 N.J. Super. 577 799 A.2d 566
Document Size:	138284

77 STATE OF NEW JERSEY V. LUCY MALDONADO -- rank: 782

... first degree.         b. The provisions of N.J.S. 2C:2-3 (governing the causal relationship between conduct and result) shall ... but for which the death would not have occurred; and         (2) The death was not:         (a) too remote in its occurrence ... on our decision in State v. Martin , 119 N.J. 2 (1990), in which we imported a remoteness factor into felony ... U.S. 514, 545, 88 S. Ct. 2145 , 2160, 20 L. Ed.2d 1254 , 1274 (1968) (Black, J., concurring). As our Court ... does not universally apply." Halsted v. State , 41 N.J.L. 552 , 589 (E. & A. 1879). Although the justifications may ...

docket:	a-25-92
court:	njsupreme
decided:	1994-08-01
status:
citation:	137 N.J. 536
Document Size:	105572

78 State v. Richard Feaster -- rank: 776

... alternative theory that he was an accomplice. (Pp. 23-37) 2. The Court is confident that the jury was not confused ... denied , 489 U.S. 1022 , 109 S. Ct. 1146 , 103 L. Ed.2d 205 (1989). Indeed, for courts to instruct juries not ... S. 205 , 212-13, 93 S. Ct. 1993 , 1997, 36 L. Ed.2d 844 , 850 (1973)), cert. denied , 435 U.S. 995 , 98 S. Ct. 1647 , 56 L. Ed.2d 84 (1978).     In Mejia , supra , we considered ...

docket:	a-1-97
court:	njsupreme
decided:	1998-07-30
status:
citation:	156 N.J. 1
Document Size:	239105

79 BRILL V. THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA -- rank: 776

... COMPANY OF AMERICA, ET AL. (A-123-94)      Argued May 2, 1995 -- Decided October 24, 1995     COLEMAN, J., writing for a ... before securing a policy: 1) completing and signing an application, 2) undergoing a medical examination, and 3) giving a "binder check ... and would have 1) provided $500,000 in life insurance, 2) protected against any change in health requirement, and 3) guaranteed ... deciding a motion for summary judgment under Rule 4:46-2, the determination whether there exists a genuine issue with respect ... the same manner as that required under Rule 4:37-2(b). 1. Under Rule 4:46-2, a court should deny a summary judgment motion only ...

docket:	a-123-94
court:	njsupreme
decided:	1995-10-24
status:
citation:	142 N.J. 520
Document Size:	80461

80 MARK GLUKOWSKY v. EQUITY ONE, INC. -- rank: 771

... the Superior Court of New Jersey, Law Division, Gloucester County, L- 872-01.         Lewis G. Adler, attorney for appellant (Mr. Adler ... Fraud Act, N.J.S.A. 56:8-1 to -2.13. Upon defendant's motion, the Law Division judge dismissed the complaint, under R. 4:6-2(e), for failure to state a claim upon which relief ... which relief may be granted under New Jersey law, and (2) whether any valid state law claims nevertheless must be dismissed ... on-sale regulation, 12 C.F.R. § 591.5(b)(2)(i), which prohibits housing lenders from collecting prepayment fees where ... U.S. 141 , 145, 102 S. Ct. 3014 , 3018, 73 L. Ed.2d 664 , 670 (1982)); (2) the Licensed Lenders ...

docket:	A3202-01
court:	NJ Superior Court Appellate Division
decided:	2003-04-24
status:	published
citation:	360 N.J. Super. 1 821 A.2d 485
Document Size:	125502

81 UNITED PROPERTY OWNERS ASSOCIATION OF BELMAR, NICHOLAS ZAMPETTI, LAURA GIFFORD et al. v. BOROUGH OF BELMAR, KENNETH PRINGLE, Mayor of the Borough of Belmar, JACK MANUTTI, PATRICIA PROVENZANO, ANDREW GALLAGHER and DOUG McGILL, Council Members of the Borou -- rank: 769

... from Superior Court of New Jersey, Law Division, Monmouth County, L-5348-98 and L-4102-98-03.     Randy T. Pearce argued the cause for ... Ordinance provisions that: (1) limit occupancy for summer rentals only; (2) impose more restrictive fire regulations than required; (3) impose liability ... the end of the spring term of the school year; (2) compel the submission of information regarding tenants on applications for ... that prohibit: (1) temporary certificates of inspection for summer rentals; (2) the use of flammable materials as partitions; and (3) commercial ... to short-term and long-term rentals violated equal protection; (2) the fees imposed were excessive; and (3) regulation based ...

docket:	A2941-99
court:	NJ Superior Court Appellate Division
decided:	2001-07-16
status:	published
citation:
Document Size:	170594

82 CHEZ SEZ VIII, INC., ET AL, VS DEBORAH PORITZ, ATTORNEY GENERAL FOR STATE OF NEW JERSEY, ET AL -- rank: 769

... ENTERTAINMENT CENTER, HAMILTON AMUSEMENT CENTER, INC., t/a VIDEO EXPRESS, L.O.J., INC., t/a THE EMPORIUM, and VITO J ... the cause for appellants (Peter Verniero, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel, Ms. Johnston, on the ... s decision that N.J.S.A. 2C:33-12.2 was an unconstitutional, content-based restriction on free speech, as ... Entertainment Center, Hamilton Amusement Center, Inc., t/a Video Express, L.O.J., Inc., t/a The Emporium, and Vito J ... a judgment declaring N.J.S.A. 2C:33-12.2 See footnote 1 violative of their First Amendment rights.     The ... enclosures. The Law Division Judge granted preliminary restraints See footnote 2 against enforcement of the subject statute because he considered ...

docket:	a1729-95
court:	njappellate
decided:	1997-02-07
status:	published
citation:	<a href=
Document Size:	58749

83 State v. Thomas J. Koskovich -- rank: 769

... mind (384 U.S. 436, 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966). The officers searched defendant and found a ... Defendant appeals to this Court as of right under Rule 2:2- 1(a).     II. Guilt Phase     Defendant asserts that he was ... crime must be admissible as relevant to a material issue;              2. It must be similar in kind and reasonably close in ... 54 (1998), cert. denied , ___ U.S. ___, 121 S. Ct. 1380 , ___ L. Ed.2d ___ (2001). Additionally, certain types of evidence, including ...

docket:	a-22-99
court:	njsupreme
decided:	2001-06-07
status:
citation:	168 N.J. 448
Document Size:	270078

84 UNITED PROPERTY OWNERS ASSOCIATION OF BELMAR, et al. v. BOROUGH OF BELMAR, et al. -- rank: 769

... from Superior Court of New Jersey, Law Division, Monmouth County, L-5348-98 and L-4102-98-03.     Randy T. Pearce argued the cause for ... Ordinance provisions that: (1) limit occupancy for summer rentals only; (2) impose more restrictive fire regulations than required; (3) impose liability ... the end of the spring term of the school year; (2) compel the submission of information regarding tenants on applications for ... that prohibit: (1) temporary certificates of inspection for summer rentals; (2) the use of flammable materials as partitions; and (3) commercial ... to short-term and long-term rentals violated equal protection; (2) the fees imposed were excessive; and (3) regulation based ...

docket:	A2938-99
court:	NJ Superior Court Appellate Division
decided:	2001-07-16
status:	published
citation:	343 N.J. Super. 1 777 A.2d 950
Document Size:	170470

85 UNITED PROPERTY OWNERS ASSOCIATION OF BELMAR, NICHOLAS ZAMPETTI, LAURA GIFFORD et al. v. BOROUGH OF BELMAR, KENNETH PRINGLE, Mayor of the Borough of Belmar, JACK MANUTTI, PATRICIA PROVENZANO, ANDREW GALLAGHER and DOUG McGILL, Council Members of the Borou -- rank: 769

... from Superior Court of New Jersey, Law Division, Monmouth County, L-5348-98 and L-4102-98-03.     Randy T. Pearce argued the cause for ... Ordinance provisions that: (1) limit occupancy for summer rentals only; (2) impose more restrictive fire regulations than required; (3) impose liability ... the end of the spring term of the school year; (2) compel the submission of information regarding tenants on applications for ... that prohibit: (1) temporary certificates of inspection for summer rentals; (2) the use of flammable materials as partitions; and (3) commercial ... to short-term and long-term rentals violated equal protection; (2) the fees imposed were excessive; and (3) regulation based ...

docket:	A0040-00
court:	NJ Superior Court Appellate Division
decided:	2001-07-16
status:	published
citation:	343 N.J. Super. 1
Document Size:	170565

86 State of New Jersey v. Braynard Purnell -- rank: 769

... a federal retroactivity analysis must be conducted. (pp. 9-11) 2. For a decision to be deemed a new rule of ... whether (1) the statement was made in an official proceeding; (2) the testimony was given under oath; and (3) the statement ... Gaudin , 515 U.S. 506 , 115 S. Ct. 2310 , 132 L. Ed.2d 444 (1995), supersedes our decision in Anderson as the ... 1b. Anderson , however, held that the statutory provision “irreconcilably conflict[ed] with the constitutional right of an accused to have a ... U.S. at 511, 115 S. Ct. at 2314, 132 L. Ed. 2d at 450. The Court concluded that the ...

docket:	a-208-97
court:	njsupreme
decided:	1999-07-07
status:
citation:	161 N.J. 44
Document Size:	84946

87 In Re: Attorney General\'s Directive on Exit Polling -- rank: 766

... an opinion that reached the same conclusion. (Pp. 14-19). 2. The Court reviews the history behind New Jersey's election ... is reported at 402 N.J. Super. 118 (2008). Frank L. Corrado argued the cause for appellant American Civil Liberties Union of New Jersey ( Barry, Corrado, Grassi & Gibson and Edward L. Barocas , Director of American Civil Liberties Union of New Jersey ... Jason S. Postelnik , Deputy Attorney General, on the briefs). Flavio L. Komuves , Deputy Public Advocate, argued the cause for amicus curiae ... place locations where the exit polling is to be conducted. 2. The county board of election must provide an authorization letter ... exit polling" included questions about "voters' experiences at the polls"; (2) whether "exit polling activity " included the distribution of voting- ...

docket:	a-47-08
court:	supreme
decided:	2007-07-18
status:
citation:	200 N.J. 283 981 A.2d 64
Document Size:	156203

88 CITY OF ATLANTIC CITY v. ACE GAMING, LLC -- rank: 763

... ………………………….....2 II. Procedural History…………………â ... J.S.A. 54:1-35(a) to 35(c) ( L. 1973, c. 123) is as follows: (1) 1996 - 94.45 ... 118 (Tax 1994), and the lower limit being 80.28%; (2) 1997 – 102.59%, with the upper limit of the ... a counterclaim. The appeal before the Board was eventually dismissed, 2 leaving the Tax Court to determine the 1997 appeal. For ... Upon application of Atlantic City, the bankruptcy court “abstain[ed] from exercising jurisdiction over the Adversary Proceedings” and transferred all ... his intended expert testimony would not necessarily aid the court, (2) the basis for his proposed expertise was not a ...

docket:	00157-97
court:
decided:	2006-05-12
status:
citation:
Document Size:	361722

89 ICU INVESTIGATIONS, INC v. SIMONIK MOVING & STORAGE, INC -- rank: 761

... Court of New Jersey, Law Division, Burlington County, Docket No. L-1456-06. Donald M. Doherty, Jr., argued the cause for ... Estimated Costs of Services," which calculated an estimated cost of $2,500 for moving ICU's business office contents from its ... s West Berlin office. According to ICU, it tendered a $2,500 check but Simonik demanded an additional $800 payment and ... equipment was ultimately unloaded. ICU thereafter stopped payment on the $2,500 check. ICU filed a complaint, followed by three amended ... to state law remedies, 49 U.S.C.A. § 13103; (2) the type of bait-and-switch conduct as occurred here ... lens , 513 U.S. 219 , 115 S. Ct. 817 , 130 L. Ed.2d 715 (1995); and (4) the statute defines ...

docket:	a0629-08
court:	NJ Superior Court Appellate Division
decided:	2009-08-14
status:	unpublished
citation:
Document Size:	84932

90 DENNIS PRYOR v. DEPARTMENT OF CORRECTIONS -- rank: 761

... DENNIS PRYOR, Appellant, v. DEPARTMENT OF CORRECTIONS, Respondent. ____________________________________________ Submitted November 2, 2005 - Decided August 9, 2007 Resubmitted December 20, 2006 - Decided ... Safley , 482 U.S. 78 , 107 S. Ct. 2254 , 96 L. Ed.2d 64 (1987). Second, he challenges the constitutionality of N ... v. Banks , 548 U.S. __, 126 S. Ct. 2572 , 165 L. Ed.2d 697 (2006). Under Beard , courts must give "'substantial deference ... prison administrators[,]'" id. at __, 126 S. Ct. at 2578, 165 L. Ed. 2d at 705 (quoting Overton v. Bazzetti , 539 ...

docket:	A1707-04
court:	NJ Superior Court Appellate Division
decided:	2007-08-09
status:	published
citation:	395 N.J. Super. 471 929 A.2d 1091
Document Size:	115033