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2101 State v. Arthur -- rank: 367

... N.J.S.A. 2C:11-3(a)(1) and (2); second-degree endangering the welfare of a child, N.J ... Release Act (NERA), N.J.S.A. 2C:43-7.2. On his conviction for interfering with custody, defendant was sentenced ... time with his two-year-old daughter beginning at approximately 2 p.m. He was supposed to return T.M.-G ... friend in California and the Greyhound Bus Company. At approximately 2 p.m., defendant picked up his daughter. As he was ... Diego, California. Following his arrest, defendant was given his Miranda 2 warnings, he waived his rights, and gave a video-recorded ... they did not include (1) a modified diminished capacity instruction, (2) a passion/provocation manslaughter charge, and (3) an intoxicated ...

docket:	a1123-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-21
status:	unpublished
citation:
Document Size:	49335

2102 LUCIEN & FRANCES KITA VS THE BOROUGH OF LINDENWOLD -- rank: 367

... Superior Court of New         Jersey, Law Division, Camden County.         Robert L. Messick argued the cause for         appellant/cross-respondent.         David C ... De Bouno's testimony. Kita testified that the "ditches fill[ed] up with water" when it rained. Frances Kita testified that ... admitted that "under heavy rains or excess waters," water back[ed] up" in the ditches.     Defendant also presented Frank Seney, the ... sustain a judgment in plaintiff's favor." R. 4:37-2(b); see also Bell v. Eastern Beef Co. , 42 N ... to the [opposing] party . . . ." Dolson v. Anastasia , 55 N.J. 2 , 5-6 (1969).     In contrast, a trial court's obligation ... there was a miscarriage of justice under the law." R. 2:10-1; cf. Carey v. Lovett , 132 N.J. ...

docket:	a1993-96
court:	njappellate
decided:	1997-10-14
status:	published
citation:	305 N.J.Super. 43
Document Size:	21588

2103 /usr/local/share/www/libweb/collections/courts/appellate/a5577-16.opn.html -- rank: 367

... appellants pro se (in A-0124-17). A-5577-16T1 2 Fein, Such, Kahn, & Shepard, PC, attorneys for respondent U.S. Bank Trust, N.A. (in A-0124-17) (Ashleigh L. Marin, on the brief). PER CURIAM In these back-to ... August 21, 2015 order, denying defendants' motion for summary judgment; (2) a January 22, 2016 order, granting Bayview Loan Servicing, LLC ... for summary judgment and striking defendants' answer; (3) a December 2, 2016 order, granting Bayview's motion for summary judgment on ... Loan Trust, A-5577-16T1 3 Series 2004-AP3; and (2) a July 7, 2017 order, entering final judgment of foreclosure ... date of default. A-5577-16T1 5 date was November 2, 2019. 2 Thus, the six-year statute of limitations ...

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court:	NJ Superior Court Law/Chancery Division
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2104 STATE OF NEW JERSEY v. HIPOLITO RUIZ -- rank: 367

... denied , 540 U.S. 903 , 124 S. Ct. 259 , 157 L. Ed.2d 187 (2003). "A defendant may be convicted of an ... forth in N.J.S.A. 2C:1-8d, and (2) . . . there [is] a rational basis in the evidence to support ... here. Rule 3:19-1(a) says: If there are 2 or more counts of an indictment or 2 or more defendants tried together, the jury may return a ... Penal Code and Commentaries , § 1.07 cmt. at 130 n.111 (Official Draft and Revised Comments 1985)). In other words, ...

docket:	a5529-06
court:	njappellate
decided:	2008-03-12
status:	published
citation:	399 N.J.Super. 86
Document Size:	61636

2105 /usr/local/share/www/libweb/collections/courts/appellate/a3943-16.opn.html -- rank: 367

... 0026. Joseph E. Krakora, Public Defender, attorney for appellant (Rebecca L. Gindi, Assistant Deputy Public Defender, of counsel and on the ... burglary, in violation of N.J.S.A. 2C:18-2(a)(1) (count three), in connection with a home invasion ... three months prior to defendant's trial. A-3943-16T1 2 SYMPATHY, AND BECAUSE THE TRIAL WAS RIFE WITH IMPROPER APPEALS ... both, were 'clearly capable of producing an unjust result . . . .' R. 2:10-2. Turning first to the judge's instruction, we perceive defendant ... counsel made timely and proper objections to the improper remarks; (2) whether the remarks were withdrawn promptly; and (3) whether ...

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court:	NJ Superior Court Law/Chancery Division
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2106 State v. Lee Funderburg -- rank: 367

... jury retires to consider its verdict.” R. 1:7-2. When a defendant fails to object to an error or ... result it otherwise might not have reached. (pp. 16-17) 2. Attempted passion/provocation manslaughter is comprised of four elements: (1) the provocation must be adequate; (2) the defendant must not have had time to cool off ... to reinstate defendant’s conviction. CHIEF JUSTICE RABNER and JUSTICES L a Vecchia , ALBIN, PATTERSON, and SOLOMON join in JUSTICE FERNANDEZ ... N.J.S.A. 2C:11-3(a)(1) and (2) and N.J.S.A. 2C:5-1 (Count One ... contrary to N.J.S.A. 2C:12-1(b)(2) (Count Three); third-degree possession of a weapon for ...

docket:	A-29-14
court:	NJ Supreme Court
decided:	2016-05-05
status:
citation:	225 N.J. 66 137 A.3d 441
Document Size:	70056

2107 Christine Erny v. Estate of Antoinette T. Merola, et als. -- rank: 367

... basis, with each issue receiving separate analysis. (pp. 7-10) 2. The law of contributory negligence generally addresses the effect of ... percent of their damages from Russo. N.Y. C.P.L.R. § 1411 (McKinney 2001). That motion was denied, the trial ... coverage to satisfy Erny's judgment. N.Y. C.P.L.R. §§ 1601, 1602(6) (McKinney 2001).     On appeal, the Appellate ... s joint and several liability statutes, N.Y. C.P.L.R. §§ 1601 and 1602(6), or the New Jersey analog ... on the Law of Torts , § 65 at 451-53; (5th ed. 1984) (observing that it is unfortunate that “contributory negligence is ... comparative negligence as a liability doctrine. In Ostroski v. Azzara , 111 N.J. 429 , 443, n.5 (1988), the Court ...

docket:	a-71-00
court:	njsupreme
decided:	2002-01-30
status:
citation:	171 N.J. 86
Document Size:	65000

2108 DeHanes v. Rothman -- rank: 367

... of the decedent's lost earnings and benefits to be $2,042,246. Following summation, the trial court instructed the jury ... undue intrusion upon the jury's function. (pp. 9-10) 2. Unlike damages for future pain, suffering, disability, and the like ... jury that the family had suffered a loss of approximately $2 million, of which $1.5 million represented income anticipated to ... that jury awards inflate their own costs for products (73.2"), medical care (89.3") and insurance (91.0"). Jurors: A Biased, Independent Lot , 154 N.J.L.J. 365, 367 (Nov. 2, 1998). Almost half of the potential jurors believe that " ...

docket:	a-167-97
court:	njsupreme
decided:	1999-04-19
status:
citation:	158 N.J. 90
Document Size:	45702

2109 David C. Keen v. Township of Pennsville -- rank: 367

... Keen 12 Two Penny Run Pilesgrove, New Jersey 08098 Michael L. Mouber, Esq. Greentree Executive Campus 4001 F Lincoln Drive West ... 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)(citation omitted). “In the absence of a R. 4:37-2(b) motion . . . the presumption of validity remains in the case ... Appraisal Institute, The Appraisal of Real Estate 81 (11 th ed 2006)), certif. denied , 168 N.J. 291 (2001). “There ... Appraisal Institute, The Appraisal of Real Estate 445 (13 th ed 2008). The court finds that the income capitalization approach ...

docket:	11320-11
court:	NJ Tax Court
decided:	2013-05-14
status:	unpublished
citation:
Document Size:	36089

2110 Matthew Tuck v. Township of West Caldwell -- rank: 367

... with flagstone tiled floor), dinette, kitchen, laundry room, half bathroom (2-fixture) and foyer. Portions of the living room have stucco ... damage to a portion of the basement near the utilities. 2 Plaintiff credibly testified that the sump pump overflows with water ... to a presumption of validity.” MSGW Real Estate Fund, L.L.C. v. Borough of Mountain Lakes , 18 N.J. Tax ... ” Transcontinental Gas Pipe Line Corp. v. Township of Bernards , 111 N.J. 507 , 517 (1988) (citation omitted). Due to the ... the County Board’s judgment pursuant to R. 4:37-2, at the end of plaintiff’s case. It argued ...

docket:	012017-11
court:
decided:	2012-08-10
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citation:
Document Size:	69072

2111 CAMPUS ASSOCIATES L.L.C v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF HILLSBOROUGH -- rank: 367

... APPELLATE DIVISION DOCKET NO. A-0690-08T20690-08T2 CAMPUS ASSOCIATES L.L.C., Plaintiff-Appellant, v. ZONING BOARD OF ADJUSTMENT OF THE ... Court of New Jersey, Law Division, Somerset County, Docket No. L-739-08. Kenneth E. Meiser argued the cause for appellant ... not factors unique to the applicant. I Plaintiff Campus Associates, L.L.C. is the owner of 13.79 acres of property ... into a contract with The Richman Group of New Jersey, L.L.C. (Richman) whereby Richman would apply for the ...

docket:	a0690-08
court:	superior court appellate division
decided:	2010-06-04
status:	published
citation:	413 N.J. Super. 527 996 A.2d 1054
Document Size:	39959

2112 STATE OF NEW JERSEY v. R.R. -- rank: 367

... for appellant (Alison Perrone, Designated Counsel, on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Annmarie Cozzi, Assistant ... year term of imprisonment on count one (aggravated sexual assault); (2) a concurrent ten-year term of imprisonment on count three ... crime must be admissible as relevant to a material issue; 2. It must be similar in kind and reasonably close in ... J. 407 , 433 (1990), cert. denied , 499 U.S. 931 , 111 S. Ct. 1336 , 113 L. Ed.2d 268 (1991)). When evidence is admitted for one ...

docket:	A2412-02
court:	NJ Superior Court Appellate Division
decided:	2006-03-28
status:	unpublished
citation:
Document Size:	102860

2113 LISA WILLIS, et al. v. EVE ASHBY, D.O. et al. -- rank: 364

... the Superior Court of New Jersey, Law Division, Camden County, L-1231- 00.         Jeffrey M. Keiser argued the cause for appellants ... Memorial Hospital/University Medical Center (Parker, McCay & Criscuolo, attorneys; Stacy L. Moore, Jr., of counsel; Ms. Zuares, on the brief).         E ... private individual under like circumstances." N.J.S.A. 59:2-2(a).     Also, without dispute, defendant-physicians, Drs. Ashby, Nemeth and ... A plaintiff must prove "1) an objective permanent injury, and (2) a permanent loss of a bodily function that is substantial ... symptoms cannot qualify under N.J.S.A. 59:9-2(d).     As we read the judge's rationale and ...

docket:	a6170-00
court:	njappellate
decided:	2002-07-09
status:	published
citation:	353 N.J. Super. 104
Document Size:	17113

2114 STATE OF NEW JERSEY v. ROBERT GRAHAM -- rank: 364

... Acting Assistant Prosecutor, of counsel and on the brief; Susan L. Berkow, Special Deputy Attorney General/Acting Assistant Prosecutor, on the ... included offense of burglary, N.J.S.A. 2C:18-2 (count two); and fourth-degree criminal mischief with property damage ... evaluation and, if recommended, attend a program for anger management; (2) attend substance abuse treatment meetings; and (3) have no contact ... developed the following proofs at trial. The victim, N.D., 2 had been friends with defendant's sister for over forty ... that the cost of the materials and labor was over $2,000. Defendant did not testify. The defense presented testimony from ... N.D. In pertinent part, Rule 3:15-3(a)(2) provides that, "[r]egardless of whether a jury sits ...

docket:	a0400-11
court:	NJ Superior Court Appellate Division
decided:	2014-02-13
status:	unpublished
citation:
Document Size:	33282

2115 /usr/local/share/www/libweb/collections/courts/appellate/a3472-17.opn.html -- rank: 364

... Plaintiff-Respondent, v. LUIS A. LORA, Defendant-Appellant. _____________________________ Argued December 2, 2020 – Decided December 29, 2020 Before Judges Fuentes, Whipple ... Release Act (NERA), N.J.S.A. 2C:43-7.2, and ordered restitution in the amount of $77,382.87 ... s contact information and vehicle interest. According A-3472-17T2 2 to the upsheet, one of the men's names was ... one); second-degree eluding, N.J.S.A. 2C:29-2(b) (count two); second-degree aggravated assault while eluding, N ... SERIOUS HARM [ N.J.S.A.] 2C:44-1(b)(2) (C) THE VICTIM OF DEFENDANT'S CONDUCT INDUCED OR FACILITATED ... issue for appeal.' Id. at 20 (citing R. 1:7-2). In addition, defendant did not object at trial to ...

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