Search Rutgers Law Library N.J. Court Opinions

1846 /usr/local/share/www/libweb/collections/courts/appellate/a0086-18.opn.html -- rank: 393

... Court of New Jersey, Law Division, Mercer County, Docket No. L-2066-17. Frank Guaracini, III argued the cause for appellant ... in part, and remand for further proceedings. A-0086-18T1 2 I. In September 2017, plaintiff, in her individual capacity and ... the County filed a motion pursuant to Rule 4:6-2(e) to dismiss the claims against it. The County argued ... the Public Entity Defendants filed motions under Rule 4:6-2(e) to dismiss the claims against them. While the motions ... appeal was pending, plaintiff filed a motion pursuant to Rule 2:8-3(b) for summary disposition. Plaintiff also sought to ... 209 N.J. 269, 296 n.8 (2012) (citing R. 2:5-4; New Jersey DYFS v. M.M., 189 ...

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1847 LISA R. WORTHY v. KENNEDY HEALTH SYSTEM -- rank: 393

... Court of New Jersey, Law Division, Camden County, Docket No. L-4906-08. Messa & Associates, P.C., attorneys for appellant (Joseph L. Messa, Jr., and A. Christine Giordano, on the briefs). Ronan ... favor of two physician-defendants. The first is a June 2, 2011 order in favor of defendant Thomas Wetjen, D.O ... defendants to the active trial status, which was also granted. 2 Dr. Wetjen answered the complaint on November 24, 2010, and ... the trial judge granted Dr. Wetjen's motion on June 2, 2011. Focusing on the absence of efforts to identify the ... plaintiff first consulted counsel, finding the assertion unsupported. The June 2, 2011 order dismissed the complaint as to Dr. Wetjen, ...

docket:	a2698-14
court:	NJ Superior Court Appellate Division
decided:	2016-06-22
status:	published
citation:	446 N.J.Super. 71 140 A.3d 584
Document Size:	60181

1848 STATE OF NEW JERSEY v. ERIC WIGGINS -- rank: 393

... s violation of that order were not resolved. On June 2, 2003, defendant entered a guilty plea pursuant to a plea ... of five years on the third-degree offense. On June 2, 2003, defendant appeared and entered his guilty plea in accordance ... Release Act (NERA), N.J.S.A. 2C:43-7.2, and terms relevant to sexual offenses committed on or after ... sentence the prosecutor agreed to recommend. See R. 3:9-2. In particular, the judge made certain that defendant understood all ... U.S. 83 , 87, 83 S. Ct. 1194 , 1197, 10 L. Ed.2d 215 , 218 (1963). We find no merit in ...

docket:	A3039-04
court:	NJ Superior Court Appellate Division
decided:	2006-03-30
status:	unpublished
citation:
Document Size:	45159

1849 FREDERICK STEINBERG, D.O. v. DONALD J. GRASSO, ESQ. -- rank: 393

... 2007 - Decided March 9, 2007 Before Judges Lintner and C.L. Miniman. On appeal from Superior Court of New Jersey, Law Division, Camden County, Docket No. L-3327-03. Saul J. Steinberg argued the cause for appellant ... in this case to be in the range of $1.2 to $1.5 million dollars. I would estimate settlement value ... action with the photographs taken during delivery of the child, (2) failing to seek an expert report analyzing the significance of ... result of being reported to the National Practitioner Data Bank, (2) significant interference with his ability to obtain insurance coverage, (3 ... of emotional distress under Buckley v. Trenton Sav . Fund Soc . , 111 N.J. 355 (1988). Grasso did acknowledge receiving an ...

docket:	A2508-05
court:	NJ Superior Court Appellate Division
decided:	2007-03-09
status:	unpublished
citation:
Document Size:	78534

1850 Conklin v. Hannoch Weisman -- rank: 393

... result. Therefore, a new trial is appropriate. (pp. 12-15) 2. Although the jury's finding of negligence may not have ... The contract of sale, executed by the parties on May 2, 1985, described the purchase-money mortgage obligation as "subordinate" to ... the more the Conklins were put at risk. See footnote 2     At trial, the parties presented diametrically opposed positions concerning the ... of subordination should be binding on a jury at retrial; (2) whether the jury should consider plaintiffs' conduct as contributory negligence ... on the part of the client. See Cowan v. Doering , 111 N.J. 451 , 468 (1988) ("Because [defendants'] duty of care ... damages as she should have, e.g. , Ostrowski v. Azzara , 111 N.J. 429 , 445 (1988). Plaintiffs' expert agreed that ...

docket:	a-92-95
court:	njsupreme
decided:	1996-07-18
status:
citation:	145 N.J. 395
Document Size:	75466

1851 /usr/local/share/www/libweb/collections/courts/appellate/a0864-13xx.opn.html -- rank: 393

... NO. A-05371-12T1 A-0864-13T1 TRICARE TREATMENT SERVICES, L.L.C., Plaintiff-Appellant, v. CHATHAM BOROUGH PLANNING BOARD, CHATHAM BOROUGH ... Court of New Jersey, Law Division, Morris County, Docket No. L-1577-10 and L-1697-13. Lawrence B. Litwin argued the cause for appellant ... and Council of the Borough of Chatham (Inglesino, Wyciskala & Taylor, L.L.C., and Horan & Aronowitz, L.L.P., attorneys; Mr. ...

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court:	NJ Superior Court Law/Chancery Division
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1852 DIRECTOR, DIVISION OF TAXATION v. LAMBERTVILLE CITY, et al. -- rank: 393

... veterans who suffered a service-connected total disability during wartime, L. 1948, c. 259, § 1, and by the enactment in ... of property for other veterans serving in time of war, L. 1951, c. 184, § 2. Both statutes contained the same operative language, "active service in ... denied , 534 U.S. 813 , 122 S. Ct. 37 , 151 L. Ed.2d 11 (2001); see also Metromedia, Inc. v. Dir . , Div ... 529 (Fed. Cir. 1990), cert. denied , 501 U.S. 1217 , 111 S. Ct. 2825 , 115 L. Ed.2d 995 (1991) ( ...

docket:	A3036-05
court:	NJ Superior Court Appellate Division
decided:	2007-04-27
status:	published
citation:	392 N.J. Super. 466 921 A.2d 450
Document Size:	69910

1853 STATE OF NEW JERSEY v. SEAN HOFFMAN -- rank: 393

... thereby rendering the statement/confession involuntary." On November 1 and 2, 2005, the trial court conducted a hearing pursuant to N ... Bruce Allen Cornish of the Millville Police Department. On December 2, 2005, the trial court entered an order suppressing statements made ... to a lesser extent, the holding in State v. Thomas , 111 N.J. Super. 42 (Law Div. 1970). The trial judge ... 467-79, 86 S. Ct. at 1612, 1624-30, 16 L. Ed. 2d at 706-07, 719-26 (1966); see also , State ... at 376-77, 84 S. Ct. at 1780-81, 12 L. Ed. 2d at 915-16 (1964); Knight , supra . The ...

docket:	A2661-05
court:	NJ Superior Court Appellate Division
decided:	2006-10-03
status:	unpublished
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Document Size:	49259

1854 AHMED HASSAN v. ROLAND WILLIAMS -- rank: 391

... Court of New Jersey, Law Division, Ocean County, Docket No. L-0213-16. Paul M. Brandenburg argued the cause for appellants ... plaintiff' and attribute appellants' arguments to him. A-3336-18 2 snapped a light pole, not a tree, and blocked westbound ... they could present testimony that his physical injuries were psychogenic. 2 After the close of testimony and summation, the jury of ... Witter's letter and Cates's and Williams's statements; (2) denying his motion to compel discovery; and (3) permitting prejudicial ... quoting State v. Perry, 225 N.J. 222, 233 (2016)). 2 Psychogenic is defined as 'originating in the mind or in ... an accident (1) that involved a commercial motor vehicle, and (2) that could have been averted but for an act, ...

docket:	a3336-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-13
status:	Published
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Document Size:	59555

1855 RONALD SULLIVAN v. NEW JERSEY TRANSIT -- rank: 391

... Court of New Jersey, Law Division, Essex County, Docket No. L-5726-08. Nathaniel M. Davis argued the cause for appellant ... Perrucci, Steinhardt & Fader, LLC, attorneys; Brian R. Tipton and Jessica L. Cardone, on the brief). Barbara J. Davis argued the cause ... judge (1) did not abuse his discretion in ending discovery, (2) properly denied reconsideration, and (3) accurately granted summary judgment dismissing ... 604-05 n.1 (2009)); see also R. 4:46-2(c). On July 28, 2006, as Sullivan was boarding railcar ... bed] [Sullivan] under [his] arms by [his] body . . . and pull[ed] [him] up and [stood] [him] on [his] feet." Sullivan asserted ... a rail terminal and not in a rail yard and (2) another ninety days of discovery to finalize his expert ...

docket:	a4015-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-20
status:	unpublished
citation:
Document Size:	43393

1856 STATE OF NEW JERSEY v. C.H. -- rank: 391

... Services (DYFS) 1 regarding disclosures two minors, D.M. (Dahlia) 2 and D.H. (Daisy), had made to a patient. Detectives ... degree aggravated sexual assault, N.J.S.A. 2C:14-2(a) (count one), based upon the allegation of fellatio, and ... second-degree sexual assault, N.J.S.A. 2C:14-2(b) (count two). 5 The charges on Indictment No. 10 ... second-degree sexual assault, N.J.S.A. 2C:14-2(c), based upon allegations of digital penetration (counts one and ... be charged. Defendant now argues it was plain error, R. 2:10-2, for the judge to fail to charge the following ...

docket:	a1130-12
court:	NJ Superior Court Appellate Division
decided:	2015-07-09
status:	unpublished
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Document Size:	40820

1857 STATE OF NEW JERSEY v. PAUL KUMAR -- rank: 391

... v. PAUL KUMAR, Defendant-Appellant. ________________________ August 23, 2016 Submitted August 2, 2016 – Decided Before Judges Sabatino and Gilson. On appeal ... station to be interviewed. Defendant was advised of his Miranda 2 rights and, after waiving his rights, he was interviewed by ... box that was just lying on the floor there, pick[ed] out a piece of paper," and stated "Hey, this is ... to the officer. Chris also testified that the officers "wander[ed]" around rooms in the home, including going into defendant's ... degree theft, N.J.S.A. 2C:20-3(a); (2) third-degree possession of a weapon (handcuffs) for unlawful purposes ... 164 , 170-71, 94 S. Ct. 988 , 992-93, 39 L. Ed.2d 242 , 249-50 (1974); Cushing , supra , slip ...

docket:	a2513-14
court:	NJ Superior Court Appellate Division
decided:	2016-08-23
status:	unpublished
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Document Size:	27338

1858 /usr/local/share/www/libweb/collections/courts/tax/014519-2010opn.opn.html -- rank: 391

... 220,131 ($4,800,000 ÷ .5206 = $9,220,131). 2 The Chapter 123 average ratio for the municipality for tax ... in the income capitalization approach to valuing the subject property; (2) the allocation of office and flex/warehouse space in the ... Tax 1981)); see also Byram Twp. v. Western World, Inc., 111 N.J. 222 (1988). The presumption remains “in place ... ” Transcontinental Gas Pipe Line Corp. v. Township of Bernards, 111 N.J. 507 , 517 (1988). “The presumption of correctness ... 2006). “In the absence of a R. 4:37-2(b) motion . . . the presumption of validity remains in the case ... citing Appraisal Institute, The Appraisal of Real Estate 81 (11th ed. 2006)), certif. denied, 168 N.J. 291 (2001). “ ...

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1859 CARMINE PAUL, EXECUTOR, : v. DIRECTOR, DIVISION OF TAXATION -- rank: 391

... DIVISION OF TAXATION, : Tax Court Reports : Defendant. : ------------------------------------------------------x Decided: June 2, 2020 Thomas M. Wolfe for plaintiff (Wolfe Ossa Law, attorneys ... matter, Defendant filed its motion pursuant to R. 4:46-2. Plaintiff then filed a “Memorandum of Law Submitted in ... order as required under the court rules. R. 1:6- 2(a); R. 4:46-2(a). Plaintiff was advised of the deficiency. Because no additional ... exchange, convert, encumber, mortgage, hypothecate, trade, exclusive of any accumulated 2 income therefrom, the trust properties . . . in such Trustee(s)â ... role of Trustee for the Trust created by [Decedent].” 2 Decedent received annual distributions of the trust net income ...

docket:	307-16
court:	NJ Tax Court
decided:	2020-06-02
status:	Published
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Document Size:	46212

1860 STATE OF NEW JERSEY v. STANISLAW SMOLINSKI -- rank: 391

... murder, N.J.S.A. 2C:11-3a(1) and (2) (count one), and criminal contempt, N.J.S.A. 2C ... the Ziaja's death, and advised him of his Miranda 2 rights. Defendant initially denied any recent contact with Ziaja. After ... Early Release Act, N.J.S.A. 2C:43-7.2. The court also imposed the appropriate fees and penalties. Defendant ... Judge Young in his comprehensive twenty-one page decision. R. 2:11-3(e)(2). We add the following. A defendant's claim of ineffective ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984), and adopted by our ...

docket:	a3212-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-17
status:	unpublished
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Document Size:	25070