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1666 KRISTIANSEN V. ROBERT W. MORAN, ET AL. -- rank: 409

... a binding judgment on the employment issues. (pp. 9-15) 2. The Legislature did not intend workers to have an election ... the date of the accident. She also received the statutory $2,000.00 allowance for funeral expenses. Thereafter, NJDOT repeatedly sought ... plaintiff's evidence, NJDOT moved pursuant to Rule 4:37-2(b) for a directed verdict in its favor because it ... the matter.'” Id. at 664 (quoting Hinfey v. Matawan Reg'l. Bd. of Educ. , 77 N.J. 514 , 532 (1978)).     Although ... right); see also N.J.A.C. 12:235-1.2 (permitting relaxation of rules to achieve justice). Indeed, such an ... election whether to pursue a common-law tort action, and (2) that the Superior Court was the appropriate forum to ...

docket:	a-27-97
court:	njsupreme
decided:	1998-03-12
status:
citation:	153 N.J. 298
Document Size:	61869

1667 STATE OF NEW JERSEY v. VIRGIL D. BALDWIN -- rank: 409

... Defendant-Appellant. STATE OF NEW JERSEY, Plaintiff-Respondent, v. ROBERT L. KING, Defendant-Appellant. December 14, 2015 Submitted November 16, 2015 ... brief). Joseph E. Krakora, Public Defender, attorney for appellant Robert L. King (Linda Mehling, Designated Counsel, on the brief). Christopher J ... Release Act (NERA), N.J.S.A. 2C:43-7.2. On that same date, the judge sentenced King to a ... we review the instructions for plain error. R. 1:7-2; R. 2:10-2. See also State v. Singleton , 211 N.J. 157 , ...

docket:	a0562-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-14
status:	unpublished
citation:
Document Size:	56806

1668 STATE OF NEW JERSEY v. DJAVON HOLLAND -- rank: 409

... 2C:15-1 and N.J.S.A. 2C:5-2 (count one), and second-degree robbery, N.J.S.A ... Release Act (NERA), N.J.S.A. 2C:43-7.2, and ordered to pay $425 in restitution to the victim ... will be reviewed under the familiar plain error standard. R. 2:10-2. In other words, the error will warrant reversal only if ... n.9, 124 S. Ct. 1354 , 1369 n.9, 158 L. Ed.2d 177 , 197 n.9 (2004). Only if the ...

docket:	a5062-06
court:	njappellate
decided:	2009-02-25
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	61892

1669 UKRAINIAN ORTHODOX CHURCH OF THE UNITED STATES OF AMERICA v. JOHN LUCHEJKO -- rank: 409

... to the legitimate parish council of administration and parish Pastor. 2: The Church Court finds that the evidence presented to the ... N.J. 440 (2002); see Presbyterian Church v. Hull Mem ' l Presbyterian Church , 393 U.S. 440 , 449, 89 S. Ct. 601 , 606, 21 L. Ed.2d 658 , 665 (1969); s ee also Kedroff v. St ... U.S. 94 , 121, 73 S. Ct. 143 , 157, 97 L. Ed. 120 , 139 (1952) (Frankfurter, J., concurring). "The law knows ...

docket:	a5893-07
court:	superior court appellate division
decided:	2009-08-19
status:	unpublished
citation:
Document Size:	53784

1670 Kamie S. Kendall v. Hoffman-LaRoche, Inc. -- rank: 409

... was injured through the fault of another. (pp. 19-25) 2. Under the common law, a product may be defective due ... symptoms and her ingestion of the drug. (pp. 31- 33) 2 The judgment of the Appellate Division is AFFIRMED. JUDGE WEFING ... and Covington & Burling, attorneys; Mr. Schmidt, Michelle M. Bufano, Russell L. Hewit, and Michael X. Imbroscio, a member of the District ... court should determine applicability of discovery rule in pretrial hearing). 2 A subsequent jury trial resulted in a large award to ... Reform Alliance (NJLRA) and Healthcare Institute of New Jersey (HINJ); (2) New Jersey Business and Industry Association, New Jersey State Chamber ... action. At issue in this case is 62 N.J. 111, 115 (1973) (citations omitted); Fernandi v. Strully, 35 N. ...

docket:	A-73-10
court:	NJ Supreme Court
decided:	2012-02-27
status:
citation:	209 N.J. 173 36 A.3d 541
Document Size:	65788

1671 STATE OF NEW JERSEY v. PATRICK D. MACMENAMIN, II -- rank: 409

... Defendant-Appellant. ________________________________________________________________ Argued March 10, 2008 - Decided Before Judges S.L. Reisner, Gilroy and Baxter. On appeal from Superior Court of ... Gallagher, Assistant Prosecutor, argued the cause for respondent (Theodore F.L. Housel, Atlantic County Prosecutor, attorney; Mr. Gallagher, on the brief ... a breathalyzer examination, N.J.S.A. 39:4-50.2. On the DWI conviction, the Law Division imposed appropriate monetary ... defendant whether he was the driver, defendant replied, "I f***ed up. Yes." Once defendant spoke, Ponzetti noticed defendant smelled of ... vehicle. He insisted that when he said "this is f***ed up," he was referring to the situation itself and not ... conclude that it lacks sufficient merit to warrant discussion. R. 2:11-3(e)(2). We add only the following ...

docket:	a4604-06
court:	njappellate
decided:	2008-03-28
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	44059

1672 J.S. v. BOROUGH OF ENGLEWOOD CLIFFS -- rank: 409

... Court of New Jersey, Law Division, Bergen County, Docket No. L-3324-10. Eric V. Kleiner argued the cause for appellant ... J.S.A. 34:19-1 to -14 (count four). 2 Judge Mark Russello granted defendants' motion for the reasons stated ... unfit for duty, because he (1) was not attending AA; (2) could not recall the reason for some of his absences ... recommended his employment be terminated. As a result, on April 2, 2009, Bauerschmidt suspended plaintiff with pay for medical reasons. Plaintiff ... Brill , supra 142 N.J. at 540); R. 4:46-2(c). If there is no genuine issue of fact, "[w ... or a rule or regulation promulgated pursuant to law . . . ; or (2) is fraudulent or criminal . . . . [ N.J.S.A. 34: ...

docket:	a5938-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-18
status:	unpublished
citation:
Document Size:	53727

1673 STATE OF NEW JERSEY v. R.K. -- rank: 409

... degree aggravated sexual assault, N.J.S.A. 2C:14-2(a) (Counts One and Two);1 second-degree sexual assault, N.J.S.A. 2C:14-2(b) (Count Three); and second-degree endangering the welfare of ... N.J.S.A. 2C:24-4(a) (Count Four).2 A jury found defendant guilty on all counts. Defendant was ... Early Release Act, N.J.S.A. 2C:43-7.2; an eight-year term on Count Three, concurrent to Counts ... count alleged defendant had his daughter perform fellatio upon him. 2 The sexual conduct alleged to constitute endangering was 'oral [-]to ... 2C:43- 6.4, on Counts One, Two and Three. 2 A-3540-14T4 POINT II DURING HER CLOSING STATEMENT, ...

docket:	a3540-14
court:	NJ Superior Court Appellate Division
decided:	2017-12-01
status:	unpublished
citation:
Document Size:	58160

1674 STATE OF NEW JERSEY v. PEDRO PERALTA-PENA -- rank: 409

... to the officer, repeated the same admissions before receiving Miranda 2 warnings. The day before trial began, the judge suppressed defendant ... have been clearly capable of producing an unjust result[.]" R. 2:10-2. II. "Prosecutors are afforded considerable leeway in closing arguments as ... denied , 346 U.S. 825 , 74 S. Ct. 44 , 98 L. Ed. 350 (1953)). "Prompt and effective" instructions have the ability to ... denied , 552 U.S. 1146 , 128 S. Ct. 1074 , 169 L. Ed.2d 817 (2008). Whether or not a curative ...

docket:	a2416-10
court:	NJ Superior Court Appellate Division
decided:	2013-06-04
status:	unpublished
citation:
Document Size:	29341

1675 STATE OF NEW JERSEY v. MICHAEL KING -- rank: 409

... Release Act (NERA), N.J.S.A. 2C:43-7.2. The charges stemmed from a January 6, 2001 incident, in ... reliable and admissible irrespective of the out-of-court identification. 2. Would the proffered testimony of Edward Weems potentially make a ... testified that she drew attention to the person, asking Leonard, "[l]ook at this guy, what is he up to?" Kareem ... looked at his face. Kareem believed "that [the] guy look[ed] familiar." After arriving at the apartment complex, Leonard left the ... all. On redirect, Kareem was asked "[i]f you learn[ed] that [the defendant was] 6'3", would that change your ... U.S. 377 , 384, 88 S. Ct. 967 , 971, 19 L. Ed.2d 1247 , 1253 (1968); Neil v. Biggers , 409 ...

docket:	a5172-01
court:	njappellate
decided:	2007-02-06
status:	published
citation:	390 N.J. Super. 344
Document Size:	104230

1676 Vincent Piscitelli v. City of Garfield Zoning Board of Adjustment -- rank: 409

... Government Ethics Law, N.J.S.A. 40A:9-22.2; the Municipal Land Use Law (MLUL), N.J.S.A ... opposite directions. It is an objective inquiry. (pp. 19-25) 2. The overarching issue is whether Dr. Kenneth’s association with ... by a public official that a vote might have a 2 negative impact on the official’s employment -- or a family ... of the Garfield Zoning Board of Adjustment had a disqualifying 2 conflict of interest because of the involvement of certain Conte ... and this Court. 6 beneficiaries of the DSJ Family Trust. 2 In March 2014, the DSJ Family Trust applied for site ... two of the three lots to the DSJ Family Trust 2 The trust’s initials -- DSJ -- correspond with the names ...

docket:	a-68-17
court:	NJ Supreme Court
decided:	2019-03-27
status:
citation:	237 N.J. 333 205 A.3d 183
Document Size:	87093

1677 STATE OF NEW JERSEY v. MUTAH N. BROWN -- rank: 409

... BROWN, a/k/a MUTA BROWN, Defendant-Appellant. _________________________ Argued December 2, 2020 – Decided January 14, 2021 Before Judges Ostrer and ... while eluding, N.J.S.A. 2C:11- 4(a)(2) (count four); second-degree vehicular homicide, N.J.S.A ... and second-degree eluding, N.J.S.A. 2C:29-2(b) (count seven). On May 6, 2017 at approximately 5 ... third-degree resisting arrest, N.J.S.A. 2C:29-2(a)(3). A-0972-18T1 2 the pursuit in his marked police car. A third police ... well as the remaining charges in counts four through seven.2 On October 5, 2018, Judge Rosero merged the lesser- ...

docket:	a0972-18
court:	NJ Superior Court Appellate Division
decided:	2021-01-14
status:	Unpublished
citation:
Document Size:	57183

1678 STATE OF NEW JERSEY v. WILLIAM WRIGHT -- rank: 409

... rob a taxicab driver, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count one ... court erred by: (1) dismissing count three of the indictment; (2) prohibiting the prosecutor from referring to Ruben Martinez, the driver ... 1) Inflicts bodily injury or uses force upon another; or (2) Threatens another with or purposely puts him in fear of ... U.S. 272 , 278, 113 S. Ct. 1222 , 1225, 122 L. Ed.2d 620 , 628 (1993); In re Winship , 397 U.S. 358 , 364, 90 S. Ct. 1068 , 1072-73, 25 L. Ed.2d 368 , 375 (1970); State v. Hill , 199 ...

docket:	a3172-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-05
status:	unpublished
citation:
Document Size:	42395

1679 CAROL TROUM, et al. v. NEWARK BETH ISRAEL MEDICAL CENTER, et al. -- rank: 409

... from Superior Court of New         Jersey, Law Division, Essex County,         L-12039-94.         Jay Scott MacNeil argued the cause for         appellant ... the cryoprecipitate should have been administered to the patient, and (2) who actually ordered the blood transfusion. Plaintiff's expert, Dr ... On that date, plaintiff filed the present action. See footnote 2 2     Much of the evidence pertained to the relationship between HIV ... of the "indicators" or "marker" diseases associated with AIDS and (2) the patient must have tested positive for the HIV antibody ... of the alleged negligence. N.J.S.A. 2A:14-2. However, the discovery doctrine "postpone[s] the accrual of ...

docket:	A1983-99
court:	NJ Superior Court Appellate Division
decided:	2001-03-05
status:	published
citation:	338 N.J. Super. 1
Document Size:	61611

1680 JAGUAR LAND ROVER NORTH AMERICA v. DIRECTOR, DIVISION OF TAXATION -- rank: 409

... on July 12, 2017, the Township imposed an assessment of 2.5% of the equalized assessed value of the additions to ... mile radius from a New Jersey Transit Rail Station platform, 2 Jaguar is exempt from the fee. Jaguar informed the Township ... requirements. Jaguar replied in a letter dated September 13, 2017, 2 The New Jersey Transit Rail Station platform Jaguar relies on ... on the relationship between Suffern Station and the Subject Property. 2 claiming that their only disagreement with the Township is whether ... absence of genuine issues of material facts. R. 4:46-2(c); Brill v. Guardian Life Ins. Co. of Am., 142 ... station midpoints.” N.J.A.C. 19:31-9.2. At the time of this writing, the NJEDA’s ...

docket:	14046-18
court:	NJ Superior Court Appellate Division
decided:	2022-07-29
status:	Published
citation:
Document Size:	36919