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1441 RAFAEL DIAZ v. M&M LOUIE HOLDINGS, LLC -- rank: 433

... Defendant- Appellant. ________________________________ Submitted: May 19, 2010 - Decided: Before Judges C.L. Miniman and Waugh. On appeal from Superior Court of New Jersey, Law Division, Essex County, Docket No. L-6304-07. Law Office of Craig M. Terkowitz, attorneys for ... to any material fact in the record. R. 4:46-2(c). The judgment or order sought shall be ren­dered ... S. 242 , 251-52, 106 S. Ct. 2505 , 2512, 91 L. Ed.2d 202, 214 (1986)). "If there exists a single, unavoidable ... of material fact for purposes of R ule 4:46-2." Id. at 540 (citation omitted). "However, an opposing party ...

docket:	a0639-09
court:	superior court appellate division
decided:	2010-07-20
status:	Unpublished
citation:
Document Size:	86911

1442 LAWRENCE WATKINS, JR. VS BEVERLY & KEVIN NELSON -- rank: 433

... the non-custodial parent. See N.J.S.A. 9:2-4. As the trial judge found,         [Beverly Nelson] was also ... father, we noted that New Jersey courts have not "hesitat[ed] to award custody to someone other than a natural parent ... found to be unfit." See also S. v. H.M. , 111 N.J. Super. 553 , 270 A.2d 48 (App. Div ... should be deprived of custody. See also E.T. v. L.P. , supra , 185 N.J. Super. at 81-84, 447 ... by examining the relevant statutes. N.J.S.A. 9:2-3 provides:             [w]hen the parents of a minor child ... parents are divorced. ... (emphasis added.)          N.J.S.A. 9:2-4 further provides, in part, that:              [t]he Legislature ...

docket:	a4552-97
court:	njappellate
decided:	1999-05-28
status:	published
citation:	321 N.J.Super. 482
Document Size:	73727

1443 STATE OF NEW JERSEY VS KEVIN PLEASANT -- rank: 433

... someone later identified as seventeen year old Lejon See footnote 2 Bailey. The detective then saw Bailey pass that money to ... on the meaning of those statutes. However, Pleasant argues that 111 N.J. 373 , 379 (1988). The charge must also explain ... 1995), cert. denied , ___ U.S. ___, 116 S. Ct. 779 , 133 L. Ed.2d 731 (1996); Abramsky v. Felderbaum , 81 N.J. Super ... in the language of Model Jury Charges (Criminal) 2C:5-2; 2C:35-5; 2C:35-6. Prior to the judge ... U.S. 390 , 393, 52 S. Ct. 189 , 190, 76 L. Ed. 356 , 358-359 (1932), and was reaffirmed in ...

docket:	a3012-95
court:	njappellate
decided:	1998-06-24
status:	published
citation:	<a href=
Document Size:	51987

1444 Robert B. Beim v. Trevor R. Hulfish -- rank: 433

... for the death of a family member. (pp. 10-16) 2. Two of the Act’s six subsections, N.J.S ... court dismissing plaintiffs’ claims is reinstated . CHIEF JUSTICE RABNER; JUSTICES L a Vecchia and ALBIN; and JUDGE CUFF (temporarily assigned) join ... not have been suffered but for [Kellogg’s] death.” 2 In other claims, Kellogg’s daughters alleged economic losses resulting ... joined by the other defendants, moved under Rule 4:6-2 to dismiss the claims asserting economic losses allegedly suffered by ... the alternative, for summary judgment pursuant to Rule 4:46-2. Plaintiffs stipulated that the Marital Trust’s estate tax-based ... defined in 26 U.S.C.A. § 2001(b)(2), to determine the estate’s tax base. The tax ...

docket:	A-33-12
court:	NJ Supreme Court
decided:	2014-01-28
status:
citation:
Document Size:	93895

1445 STATE OF NEW JERSEY v. MUHAMMAD IRVING -- rank: 433

... was scheduled to be sentenced in Union County on February 2, 2007. At the time of the taking of the plea ... appeal from the sentence imposed by the court. On October 2, 2008, defendant moved for jail credits. That motion was denied ... not appeal from the order denying jail credits. On October 2, 2008, defendant filed the present pro se petition for PCR ... Washington , 466 U.S. 668, 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984), and adopted by our Supreme Court in ... U.S. at 689, 104 S. Ct. at 2065, 80 L. Ed. 2d at 694. Second, a defendant must establish ...

docket:	a1094-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-24
status:	unpublished
citation:
Document Size:	24672

1446 ST. GEORGE'S DRAGONS, L.P. v. NEWPORT REAL ESTATE GROUP L.L.C. -- rank: 433

... PUBLICATION June 3, 2009 APPELLATE DIVISION T. GEORGE'S DRAGONS, L.P., Plaintiff-Respondent/ Cross-Appellant, v. NEWPORT REAL ESTATE GROUP, L.L.C., Defendant-Appellant/ Cross-Respondent, J. NAZMIYAL, INC., Defendant-Respondent ... PIVNICK REALTY GROUP, INC., Defendants-Respondents. _____________________________ ST. GEORGE'S DRAGONS, L.P., Plaintiff-Appellant/ Cross-Respondent, v. NEWPORT REAL ESTATE GROUP, L.L.C., Defendant-Respondent, J. NAZMIYAL, INC., Defendant-Respondent/ Cross- ...

docket:	a5779-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-06-03
status:	Published
citation:	407 N.J. Super. 464 971 A.2d 1087
Document Size:	66894

1447 MAHMOUD ELSAYED v. AMAL SHOUBA -- rank: 433

... Court of New Jersey, Law Division, Bergen County, Docket Nos. L-2682-20 and L-4975-19. Eric J. Plantier argued the cause for appellant ... address any arguments raised on her behalf A-2448-21 2 denying reconsideration of the March 19 order. We affirm, substantially ... record. On July 14, 2017, Elsayed and his daughter, Jannat, 2 were passengers in a motor vehicle driven by Shouba when ... 12, 2019, approximately three months before before the trial court. 2 Because Mahmoud Elsayed and his daughter share the same surname ... plaintiffs 3 Pursuant to N.J.S.A. 2A:14-2(a),'every action at law for an injury to ...

docket:	a2448-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-01
status:	Unpublished
citation:
Document Size:	34629

1448 MAGNET RESOURCES, INC. VS. SUMMIT MRI, INC. AND MAGDY ELAMIR, M.D., MOHAMED HANAFY, AND KENNEDY MRI, INC. -- rank: 433

... and to suspend its own performance pending their receipt; and (2) the extent, if any, to which a contracting party injured ... and Irvington installations. Magnet Resources also supplied cryogens See footnote 2 for all of Summit's installations, including its Jersey City ... because of this omission unless it constituted "plain error," R. 2:10-2, capable of producing an unjust result. Gaido v. Weiser , 227 ... Powder Co. v. United Zinc & Chemical Co. , 85 N.J.L. 416 , 418 (Sup. Ct. 1914). However, the court's failure ... already received the agreed exchange until he receives such assurance.             (2) The obligee may treat as a repudiation the obligor' ...

docket:	a6592-96
court:	njappellate
decided:	1998-12-16
status:	published
citation:	318 N.J. Super. 275
Document Size:	51303

1449 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.M.R. -- rank: 433

... OF THE GUARDIANSHIP OF K.M.R.-K., K.V.L. and K.V.L., minors. ______________________________________ April 27, 2015 Before Judges Lihotz, Espinosa and Rothstadt ... and Permanency (the Division) to proceed with securing their adoption. 2 Defendant's oldest child, now seventeen (Kurt), was also removed ... then eleven-year-old Kara was executed because defendant "refus[ed] to take her to the crisis center . . . after . . . having a ... passed several consecutive drug screenings, found a sponsor, and "appear[ed] to be more accepting of the life changes that need ... She erroneously reported that she has not used alcohol in 2 1/2 years, yet toxicology records indicate that she ...

docket:	a5097-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-27
status:	unpublished
citation:
Document Size:	76803

1450 CMGK, LLC, ETC. VS. CERTAIN UNDERWRITERS AT LLOYD\u0027S, LONDON, ETC. -- rank: 433

... Court of New Jersey, Law Division, Atlantic County, Docket No. L-0076-21. Lauletta Birnbaum, LLC, attorneys for appellant (Christopher M ... number of the insurance policy at issue. A-1836-22 2 Khalifa with the day-to-day management of the facility ... person or resident of a healthcare facility receiving Professional Services; 2. false arrest, detention or imprisonment, or malicious prosecution except when ... which may result in a Claim under this policy; and .... 2. Section 'Definitions' is amended by the addition of the following ... a massage he performed on her on September 23, 2017.2 Two days later, M.N. reported the alleged assault to ... her [v]agina and it felt like his finger scrap[]ed the inner part of [it]' and that he had ...

docket:	a1836-22
court:	appellate
decided:	2024-06-11
status:	Unpublished
citation:
Document Size:	42629

1451 STATE OF NEW JERSEY v. JORGE ROQUE -- rank: 430

... U.S. 648 , 659, 99 S. Ct. 1391 , 1399, 59 L. Ed.2d 660 , 671 (1979) (emphasizing that in "[v]ehicle stops ... Perlstein , 206 N.J. Super. 246 , 253 (App. Div. 1985). 2 Furthermore, "established precedent . . . permits officers in the course of a ... 611 (1994)); accord Pennsylvania v. Mimms , 434 U.S. 106 , 111 & n.6, 54 L. Ed.2d 331 , 337, 98 S. Ct. 330 , 333 (1977) ( ...

docket:	a5903-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-21
status:	unpublished
citation:
Document Size:	43245

1452 MALCOLM SINCLAIR v. DOMB LIGHTING AND ELECTRICAL SUPPLY COMPANY -- rank: 430

... Court of New Jersey, Law Division, Morris County, Docket No. L-2833-05. Kevin E. Barber argued the cause for appellant ... of plaintiff's case in chief under Rule 4:37-2(b) and Rule 4:40-1. Under those rules, the ... plaintiff on his claim of disability discrimination. R . 4:37-2(b); Zive v. Stanley Roberts, Inc. , 182 N.J. 436 ... 396 , 415 (1997) (quoting Dolson v. Anastasia , 55 N.J. 2 , 5 (1969)). On appeal, our standard of review is the ... See Potente v. County of Hudson , 187 N.J. 103 , 111-12 (2006). Nevertheless, "when the proof of a particular fact ... similar standards apply to summary judgment under R. 4:46-2(c) and a motion for dismissal under R. 4: ...

docket:	a4903-07
court:	njappellate
decided:	2009-04-28
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	76991

1453 AMELIA & FRED NASH VS BELLA LERNER & ET ALS -- rank: 430

... of an abutting sidewalk under Brown v. St. Venantius School , 111 N.J. 325 (1988). An order granting summary judgment to ... on January 24, 1997, and this appeal followed. On April 2, 1997, the motion judge filed an Amplification of Decision pursuant to R. 2:5-1(b). She stated that the decision to grant ... issue of material fact for purposes of Rule 4:46-2.         [ Id. at 540.] The Supreme Court also noted that "when ... U.S. 242 , 252, 106 S. Ct. 2505 , 2511, 91 L.Ed.2d 202 , 212 (1986)).     In addition, the trial court ...

docket:	a3986-96
court:	njappellate
decided:	1998-04-20
status:	published
citation:	311 N.J.Super. 183
Document Size:	30768

1454 VESSELIN DITTRICH v. THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY -- rank: 430

... Court of New Jersey, Law Division, Hudson County, Docket No. L-3670-11. Walter M. Luers argued the cause for appellant ... Corp. , 513 U.S. 30 , 115 S. Ct. 394 , 130 L. Ed.2d 245 (1994), the Supreme Court discussed the difference between ... at 40-42, 115 S. Ct. at 400-02, 130 L. Ed. 2d at 255-57 (emphasis added) (internal citations and quotation ... 314-16, 110 S. Ct. 1868 , 1877-78 (1990), 109 L. Ed.2d 264 , 278-79 (Brennan, J., concurring in ...

docket:	a1289-11
court:	NJ Superior Court Appellate Division
decided:	2012-10-04
status:	unpublished
citation:
Document Size:	24301

1455 Reynolds v. Mario D. Gonzalez, M.D. -- rank: 430

... by virtue of a preexistent condition. (Pp. 15 to 21). 2. The issue of a defendant's liability cannot be presented ... he first was accepted as a patient, his foot was “[l]ocked in,” paralyzed and “curled.”     Plaintiff was a patient at ... plaintiff filed a medical malpractice claim against defendant.    (See footnote 2)   The case was tried twice to a jury. Plaintiff argued ... about plaintiff’s complaints of pain because defendant “down-play[ed] the significance of pain medication” that plaintiff was taking.     After ... liability for damages is capable of any apportionment.” Id. at 111. The Court stated that “a rule that limits a plaintiff ... on the Law of Torts , §41, at 269 (5 th ed. 1984) ( Prosser & Keeton ).] Thus, absent “proof of cause, there ...

docket:	a-9-01
court:
decided:	2002-06-11
status:
citation:	172 N.J. 266
Document Size:	78936