Search Rutgers Law Library N.J. Court Opinions

1876 CALDWELL V. HAYNES -- rank: 388

... diminished earning capacity based on lost wages. (pp. 9-17) 2.    The lack of net-income evidence in this case clearly ... that the pain-and-suffering award of $250,000 "shock[ed] the conscience of the [c]ourt in relation to the ... there was a miscarriage of justice under the law." R. 2:10-1. Accordingly, "The standard for appellate review of a ... 429 , 463 (1984) (quoting Dolson v. Anastasia , 55 N.J. 2 , 6 (1969)). At the same time, a trial court's ... denied , 404 U.S. 883 , 92 S. Ct. 212 , 30 L. Ed.2d 165 (1971). A.     An injured party has the ...

docket:	a-108-93
court:	njsupreme
decided:	1994-07-06
status:
citation:	136 N.J. 422
Document Size:	53795

1877 LILLIAN RESTIVO V. CHURCH OF SAINT JOSEPH OF THE PALISADES, ET ALS -- rank: 388

... commercial entities and thus not subject to Stewart See footnote 2 sidewalk liability, the trial judge granted summary judgments in their ... or order as a matter of law." R. 4:46-2(c). The issue essentially is, giving the opposing party the ... S. 242 , 251-52, 106 S. Ct. 2505 , 2512, 91 L. Ed.2d 202 , 214 (1986)).     Resolution of the issue here rests ... of North Bergen relies on Brown v. St. Venantius School , 111 N.J. 325 (1988), wherein the court extended Stewart to ... perform any businesslike functions, such as those listed in Brown , 111 N.J. at 328, is not commercial, but is ...

docket:	a2241-96
court:	njappellate
decided:	1997-12-30
status:	published
citation:	306 N.J.Super. 456
Document Size:	40101

1878 Henry Keim v. Above All Termite Pest Control -- rank: 388

... the Act begins and ends each day. (pp. 9-11) 2. As amended, N.J.S.A. 34:15-36 sets ... employer authorizes a vehicle for operation by the employee, and (2) the employee’s operation of that identified vehicle is for ... WAINER APTER, and NORIEGA join in JUSTICE FASCIALE’s opinion. 2 SUPREME COURT OF NEW JERSEY A- 30 September Term 2022 ... employer authorizes a vehicle for operation by the employee, and (2) the employee’s operation of that identified vehicle is for ... and authorized the employee, Keim, to operate that vehicle to 2 replenish supplies at a particular location as needed. Keim was ... Labor, 194 N.J. 534, 551 (2008) (quoting Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. ...

docket:	a-30-22
court:	NJ Superior Court Appellate Division
decided:	2023-11-21
status:
citation:
Document Size:	41989

1879 DCPP VS. S.Z.K., ET AL., IN THE MATTER OF THE GUARDIANSHIP OF D.D.M.M. AND S.A.H. -- rank: 388

... T.M.H., and T.G., a/k/a T.L., Defendants, and D.M., Defendant-Appellant. __________________________ IN THE MATTER OF ... under Rule 1:38-3(d)(12). A-2763-22 2 I. In May 2021, Dawn was born prematurely, weighing approximately ... option for Dawn. D.M. also requested a 'paternity test.'2 The Division also learned S.Z.K. suffered a black ... J. was diligent in ensuring Dawn received all necessary care. 2 After not showing up for two scheduled genetic tests, D ... referred D.M. for a psychological evaluation with Mark Singer, Ed.D., which he attended in March 2022. Dr. Singer recommended ... or will continue to be endangered by the parental relationship; (2) The parent is unwilling or unable to eliminate the ...

docket:	a2763-22
court:	appellate
decided:	2024-04-19
status:	Unpublished
citation:
Document Size:	34484

1880 CURTIS J. CHIUMENTO v. CAMDEN COUNTY SHERIFF'S DEPARTMENT -- rank: 388

... the cause for appellant/cross-respondent (Pietras Saracino, attorneys; Jody L. Meeks, on the brief). Herbert J. Stayton, Jr., argued the ... EMG revealed "bilateral carpal tunnel syndrome, otherwise normal." On November 2, 1999, petitioner filed a report concerning the September 23, 1999 ... 1999 U.S. Healthworks report indicated a diagnosis of "R/L lat[eral] epicondylitis," and suggested "lubricat[ing] and repair[ing ... which was aggravated by the doors jamming and sticking; and 2) his duties required that the problematic doors be opened up ... next day; and he physically returned to work on May 2, 2001. Petitioner testified, however, that he did not receive medical ... Judge filed an amplification of her decision pursuant to Rule 2:5-1(b), addressing the issues raised by both ...

docket:	A0613-04
court:	NJ Superior Court Appellate Division
decided:	2006-07-31
status:	unpublished
citation:
Document Size:	80478

1881 MARY TANFIELD v. LEIGH RAILROAD CONSOLIDATED RAIL SHARED ASSETS -- rank: 388

... Court of New Jersey, Law Division, Hudson County, Docket No. L-2295-11. Richard S. Mazawey, attorney for appellant. Ruprecht Hart ... of the Pennsylvania bar, admitted pro hac vice, and Ira L. Podheiser (Burns White LLC) of the Pennsylvania bar, admitted pro ... lay testimony of a former Conrail co-worker, Thomas Moloughney, 2 and the expert opinions of Steven R. Tahan, M.D ... N.J. 520, 540 (1995); see also R. 4:46-2(c). The court cannot resolve contested factual issues but instead ... U.S. 242 , 252, 106 S. Ct. 2505 , 2512, 91 L. Ed.2d 202 , 214 (1986)). Our review of an order ...

docket:	a4170-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-11
status:	unpublished
citation:
Document Size:	30777

1882 STATE OF NEW JERSEY V. EDMUND J. DAMIANO -- rank: 388

... In addition, VCCB penalties were imposed on each count, totalling $2,200.00 and restitution in the amount of $204,218 ... transaction with the same customer were not merged. See footnote 2     A second group of charges arose out of defendant's ... facts. As the Supreme Court explained in State v. Concepcion , 111 N.J. 373 , 379-380 (1988):             Accurate and understandable jury ... generally Schwarzer, Communicating with Juries: Problems and Remedies , 69 Cal. L. Rev. 731, 741 (1981) (reviewing studies evaluating the efficacy of ... denied , 393 U.S. 971 , 89 S. Ct. 408 , 21 L. Ed.2d 384 (1968). Incorporating specific evidentiary facts into a ...

docket:	a5116-96
court:	njappellate
decided:	1999-06-09
status:	published
citation:	322 N.J.Super. 22
Document Size:	72143

1883 STATE OF NEW JERSEY v. KEITH BLACK -- rank: 388

... N.J.S.A. 2C:11-3(a)(1) and (2); first-degree attempted murder, N.J.S.A. 2C:5 ... aggravated assault, N.J.S.A. 2C:12-1(b)(2); and second-degree possession of a weapon for an unlawful ... time, that he could go against his attorney's advice; (2) failing to properly and adequately prepare Petitioner for such testimony ... primarily, if not wholly, on hearsay," citing State v. Ferrante , 111 N.J. Super. 299 (App. Div. 1970), and that the ... sufficient merit to warrant discussion in a written opinion, Rule 2:11-3(e)(2), beyond the following comments. The standard for determining whether ...

docket:	a0398-11
court:	NJ Superior Court Appellate Division
decided:	2013-07-18
status:	unpublished
citation:
Document Size:	26388

1884 IN THE MATTER OF EDWARD HENSHAW -- rank: 388

... 3-10d and N.J.A.C. 13:21-8.2. N.J.S.A. 39:3-10d provides in relevant ... identification provisions of N.J.A.C. 13:21-8.2 in "an effort to make the New Jersey driver license ... under Federal law." N.J.A.C. 13:21-8.2(a). The documents meeting the Commission's criteria, enumerated in ... under Federal law. [ N.J.A.C. 13:21-8.2(a)5 and 8.] Appellant Henshaw, who lacks either a ... regulation. Pursuant to N.J.A.C. 13:21-8.2(a)8, the Commission afforded Henshaw the opportunity to present ... family parent pursuant to N.J.A.C. 10:122C-2 (licensing) and N.J.A.C. 10:122C-5 ( ...

docket:	a0802-06
court:	NJ Superior Court Appellate Division
decided:	2007-11-15
status:	published
citation:
Document Size:	57934

1885 IN THE MATTER COMMITMENT OF T.J. -- rank: 388

... case can also be found at 401 N.J. Super. 111 or 949 A.2d 286. (NOTE: The status of this ... was then transferred to the less restrictive Drake Building (Level 2 privileges) at TPH. The court reviewed T.J.'s CEPP status on October 5 and November 2, 2006. Richard Povacz, T.J.'s treating social worker, submitted ... any recommended after-care programs, schedule psychiatric care, and counseling. L.W., T.J.'s father, wanted T.J. to be ... to be discharged to reside in his father's home. L.W. acknowledged T.J. would be living with him and ... registration as required by N .J.S.A. 2C:7-2.1. T.J. appeals from the January 11, 2007 ...

docket:	A3179-06
court:	NJ Superior Court Appellate Division
decided:	2008-06-17
status:	published
citation:	401 N.J. Super. 111 949 A.2d 286
Document Size:	58089

1886 STATE OF NEW JERSEY v. GUILERMO SANTAMARIA -- rank: 388

... degree aggravated sexual assault, N.J.S.A. 2C:14-2(a), (count one), two counts of second-degree sexual assault, N.J.S.A. 2C:14-2(c), (counts two and three), and two counts of second-degree official misconduct, N.J.S.A. 2C:30-2 (counts four and five). Defendant was sentenced to an aggregate ... or any admissions from defendant. The State's case was 2 A-2012-12T3 based primarily on the testimony of H ... police and the Division of Youth and Family Services (DYFS)2 about her suspicions that defendant and H.B. were having ... at college, and to eventually marry and start a family. 2 Effective June 29, 2012, DYFS was renamed the Division ...

docket:	a2012-12
court:	NJ Superior Court Appellate Division
decided:	2016-02-03
status:	unpublished
citation:
Document Size:	58162

1887 ANDREA SHERRY v. CHARLES W. ZEBE, JR -- rank: 388

... 2011 - Resubmitted May 9, 2011 - Decided Before Judges Grall, C.L. Miniman and LeWinn. On appeal from Superior Court of New ... not be repeated here. Zebe I , supra , slip op. at 2-8. There, we remanded for findings of fact and conclusions ... to which the custodial accounts could be put. Id. at 2, 13. We noted that there were clearly disputes as to ... account. As a consequence, he had total net assets of $2,379,000. The judge found that Andrea, who is a ... TO PAY SEVENTY[-]FIVE PERCENT (75%) OF COLLEGE EXPENSES. POINT 2 - THE TRIAL COURT ERRED IN COMPEL­LING [CHARLES] TO PAY ... ¶¶ 3 and 5 of the May 24, 2010, 2 which we have renumbered to follow the above issues: ...

docket:	a1532-09
court:	NJ Superior Court Appellate Division
decided:	2011-09-29
status:	unpublished
citation:
Document Size:	88143

1888 State of new jersey v. KEVIN MCGRATH -- rank: 388

... degree aggravated manslaughter, N.J.S.A. 2C:43-7.2. On appeal, defendant seeks reversal of his conviction, based upon ... judge then repeated the definition of "recklessly" set forth in 111 N.J. 373 (1988), defendant suggests the jury's inquiry ... review defendant's challenges under the plain error standard. R. 2:10-2. To find plain error in regard to the court's ... denied , 399 U.S. 930 , 90 S. Ct. 2254 , 26 L. Ed.2d 797 (1970). Overall, the instructions given to the ...

docket:	a4276-06
court:	superior court appellate division
decided:	2009-10-09
status:	unpublished
citation:
Document Size:	52597

1889 JOSE DALUZ VS. HORACIO PEREIRA, ET AL. -- rank: 388

... Court of New Jersey, Law Division, Essex County, Docket No. L-5351-20. Norris McLaughlin, PA, attorneys for appellants (Melissa A ... confirm the arbitration decision . . . unless one of A-1688-22 2 the parties petitions the court within [thirty] days of the ... de novo.' See also Black's Law Dictionary 1384 (11th ed. 2019) (defining 'petition' as '[a] formal written request presented to ... mandatory, nonbinding arbitration pursuant to Rule 4:21A-1(a)(2), and the arbitrator awarded plaintiff $100,000 on his claims ... adjournment request submitted in an unrelated case. A-1688-22 2 [defendants]' and defendants' counsel had 'requested a trial de novo ... and in my view unnecessary, request for trial de novo.2 The next day, the clerk entered a second notice ...

docket:	a1688-22
court:	appellate
decided:	2024-04-19
status:	Unpublished
citation:
Document Size:	44179

1890 DAVID CLAYPOTCH et al. v. HELLER, INC., -- rank: 388

... Court of New Jersey, Law Division, Hunterdon County, Docket No. L- 93-99.         Evan L. Goldman argued the cause for appellants (Starr, Gern, Davison & Rubin ... a trial would be scheduled in July 2001.     On May 2, 2001, plaintiff moved to amend its complaint to name FICEP ... Farrell v. Votator Div. of Chemetron Corp. , 62 N.J. 111 , 120-23 (1973). To be entitled to the benefit of ... supra , 62 N.J. at 120; Johnston v. Muhlenberg Reg'l Med. Ctr. , 326 N.J. Super. 203 , 208 (App. Div ... for all or part of plaintiff's claim." See footnote 2 2 Thus, this motion did not inform plaintiff that ...

docket:	A0022-01
court:	NJ Superior Court Appellate Division
decided:	2003-05-30
status:	published
citation:	360 N.J. Super. 472 823 A.2d 844
Document Size:	34647