Search Rutgers Law Library N.J. Court Opinions

2581 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.C and R.S IN THE MATTER OF B.S. and S.L Minors -- rank: 317

... Defendant-Respondent. ____________________________________ IN THE MATTER OF B.S. and S.L., Minors. ____________________________________ Argued April 23, 2018 – Decided August 22, 2018 ... the 'best interests' analysis under N.J.S.A. 9:2-4 to make his custody decision. We disagree and affirm ... Deborah abused and neglected Brooke and her other daughter, S.L. (Sara), due to her use of marijuana and failure to ... abuse treatment. 1 We employ fictitious names for the parties. 2 A-4832-15T1 N.J. Div. of Child Prot. & Permanency ... custody and the placement of the children with their fathers,'2 and 'the [Division of Child Protection and Permanency (Division)] did ... remain in the care of their fathers. Deborah presented the 2 The children have different fathers. 3 A-4832-15T1 ...

docket:	a4832-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-22
status:
citation:
Document Size:	18995

2582 JEFFREY S. JACOBS v. MARK LINDSAY AND SON PLUMBING HEATING, INC. -- rank: 317

... Court of New Jersey, Law Division, Essex County, Docket No. L-3120-14. Anthony M. Rainone argued the cause for appellant ... Caldwell Police Department and accused plaintiff of theft of services. 2 After investigating defendant's allegation, the Caldwell Police Department formally ... 1 See N.J.S.A. 12A:4-403(a). 2 See N.J.S.A. 2C:20-8(a). A-3854-16T1 2 retained an attorney to represent him in this criminal matter ... 8-151 and N.J.A.C. 13:45A- 10.2 when they failed to provide plaintiff with a written contract ... unconscionable commercial practice under N.J.S.A. 56:8-2, when they filed a criminal complaint against plaintiff as ...

docket:	a3854-16
court:	NJ Superior Court Appellate Division
decided:	2019-02-20
status:	Published
citation:	458 N.J.Super. 194 203 A.3d 952
Document Size:	43953

2583 MARK R. KRZYKALSKI v. DAVID T. TINDALL -- rank: 317

... Court of New Jersey, Law Division, Burlington County, Docket No. L-3048-11. Law Offices of Robert F. Rupinski, attorneys for ... in plaintiff's favor in the amount of $107,890 2 ; no damages were awarded to Michele. In molding the verdict ... party's negligence," N.J.S.A. 2A:15-5.2(b) (emphasis added), plaintiff contends that the trial judge erred ... Plaintiff chiefly relies on Dolson v. Anastasia , 55 N.J. 2 , 10-12 (1969), which held that a new trial was ... there was a miscarriage of justice under the law." R. 2:10-1. In ruling on the motion for a new ... clearly appears" the verdict was "a miscarriage of justice." R. 2:10-1. II We find insufficient merit in plaintiff' ...

docket:	a2539-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-05
status:	published
citation:	448 N.J.Super. 1 150 A.3d 1
Document Size:	47950

2584 WOLVERINE FLAGSHIP FUND TRADING v. AMERICAN ORIENTAL BIOENGINEERING INC. -- rank: 317

... 11, 2016 APPELLATE DIVISION LIMITED, WHITEBOX CONCENTRATED CONVERTIBLE ARBITRAGE PARTNERS, L.P., WHITEBOX MULTI-STRATEGY PARTNERS, L.P. and PANDORA SELECT PARTNERS, L.P., Plaintiffs-Appellants, v. AMERICAN ORIENTAL BIOENGINEERING, INC., AOXING PHARMACEUTICAL ... Limited, a Cayman Islands corporation, Whitebox Concentrated Convertible Arbitrage Partners, L.P., a British Virgin Islands Limited Partnership, Whitebox Multi-Strategy Partners, L.P., a British Virgin Islands Limited Partnership, and Pandora Select Partners, L.P., a British Virgin Islands Limited Partnership (collectively plaintiffs), ...

docket:	a0654-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-11
status:	published
citation:	444 N.J.Super. 530 134 A.3d 992
Document Size:	29486

2585 STATE OF NEW JERSEY v. PETER RUSCH -- rank: 317

... Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant presents the following arguments on appeal: POINT I The ... review for jury instructions issued in error. R. 1:7-2. Should we find plain error "clearly capable of producing an unjust result," the conviction will be reversed. R. 2:10-2. "In the context of a jury charge, plain error requires demonstration of '[l]egal impropriety . . . prejudicially affecting the substantial rights of the defendant ... Super. 325 , 333 (App. Div. 1998) (quoting State v. Concepcion , 111 N.J. 373 , 379 (1988)), aff'd , 158 N. ...

docket:	a0795-11
court:	NJ Superior Court Appellate Division
decided:	2014-02-14
status:	unpublished
citation:
Document Size:	54590

2586 COOPER RIVER PLAZA EAST, LLC v. THE BRIAD GROUP -- rank: 314

... C-94-01.         Braverman Kaskey & Caprara attorneys         for appellant (David L. Braverman and         Ryan J. Durkin, on the brief).         Wolf, Block ... 5, which were to be consolidated by deed. See footnote 2 2 In accordance with that plan, the restaurant itself would replace ... that property. The complaint was served on Briad on August 2.     Construction on the restaurant, which had commenced on June 13 ... constitutes a contract right. See Assisted Living Assocs. of Moorestown, L.L.P. v. Moorestown Tp. , 31 F.Supp.2d 389 , ...

docket:	A3048-01
court:	NJ Superior Court Appellate Division
decided:	2003-04-30
status:	published
citation:	359 N.J. Super. 518 820 A.2d 690
Document Size:	37640

2587 WALTER STAROZYTNYK et al. v. DR. STEVEN M. REICH -- rank: 314

... case can also be found at 377 N.J. Super. 111, 871 A.2d 733. NOT FOR PUBLICATION WITHOUT THE APPROVAL ... the Superior Court of New Jersey, Law Division, Middlesex County, L-10359-99. Douglas S. Grossbart argued the cause for appellant ... on his visits to Dr. Reich, wrote in an October 2, 1997 report that "Dr. Graham who is Director of Vascular ... the surgery tentatively scheduled for October 21, 1997. See footnote 2     On November 4, 1997, plaintiff was admitted for surgery to ... namely, (1) deviation from the standard of care (medical malpractice); (2) lack of informed consent; and (3) battery. Id. at 545 ... denied , 409 U.S. 1064 , 93 S. Ct. 560 , 34 L. Ed. 2 d 518 (1972))). Therefore, when bringing a ...

docket:	a4706-03
court:	njappellate
decided:	2005-04-25
status:	published
citation:	377 N.J. Super. 111
Document Size:	44943

2588 ROBERT LODATO v. EVESHAM TOWNSHIP, et al. -- rank: 314

... 3, 2006 - Decided November 1, 2006 Before Judges Lintner, S.L. Reisner and C.L. Miniman. On appeal from the Superior Court of New Jersey, Law Division, Burlington County, L-133-03. Stephen M. Tatonetti argued the cause for appellant ... Sheehan, Hamilton & Levin, attorneys; Mr. Tatonetti, on the brief). Michelle L. Corea argued the cause for respondents Evesham Township and Shade ... Township (Capehart & Scatchard, attorneys; Ms. Corea, on the brief). William L. Lundgren, III, argued the cause for respondents Stephen and Tana ... The Master Plan shall include: (1) The spacing of trees. (2) Distance from curb and sidewalk. (3) Distance from street ...

docket:	a4559-04
court:	njappellate
decided:	2006-11-01
status:	published
citation:	*CITE_PENDING*
Document Size:	66821

2589 C.A.S. CONTRACTING, INC. v. HALL BUILDING CORP. -- rank: 314

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-0872-01. Andrew Bayer argued the cause for appellant (GluckWalrath ... four contracts were identical in all relevant terms. Paragraph 5.2.2 addressed "retainage/security" and provided for a 10% default retainage ... been performed satisfactorily." Hall reduced the retainage from 10% to 2%. Paragraph 5.2.3 addressed the timing of the applications for progress payments ... made on forms prescribed by the general contractor. Paragraph 5.2.5 addressed the timing of payment by the general ...

docket:	a5653-03
court:	njappellate
decided:	2006-02-08
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	47771

2590 JUDY SMITH v. CITY OF NEWARK -- rank: 314

... Court of New Jersey, Law Division, Essex County, Docket No. L-4478-10. Ronald M. Gutwirth argued the cause for appellant ... the cause for respondent Newark Housing Authority (Buttafuoco, Arce & Price, L.L.C., attorneys; Mr. Serritella, on the brief). PER CURIAM Plaintiff ... considered that plaintiff's counsel could have investigated and "discern[ed] the public nature of the Newark Housing Authority." Relying on ... remove snow from its driveway); Brown v. St. Venantius School , 111 N.J. 325 , 332-33 (1988); Restivo v. Church of ... discovery, before being required to respond to summary judgment motions. 2 Accordingly, we vacate the orders granting summary judgment and ...

docket:	a1342-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-15
status:	unpublished
citation:
Document Size:	23979

2591 FLAVIO L. KOMUVES v. TOWNSHIP OF EDISON, et al. -- rank: 314

... JERSEY APPELLATE DIVISION DOCKET NO. A-3152-03T13152-03T1 FLAVIO L. KOMUVES, Plaintiff-Appellant, vs. TOWNSHIP OF EDISON, REINA MURPHY and ... Court of New Jersey, Law Division, Middlesex County, Docket No. L-5546-03. Flavio L. Komuves, appellant, argued the cause pro se. Jeffrey J. Miller ... as Durham Associates, Inc. v. Township of Edison , Docket No. L-2277-99. The matter commenced in 1999; by the summer ... shared with plaintiff. At hearings on September 29 and October 2, 2003, the judge granted in part and denied in part ... that the court entered a Judgment of Compliance on December 2, 2003. Plaintiff's request to review documents implicated on- ...

docket:	A3152-03
court:	NJ Superior Court Appellate Division
decided:	2006-08-21
status:	unpublished
citation:
Document Size:	46396

2592 WILLIAM THOMAS v. NEW JERSEY STATE PAROLE BOARD, DEPARTMENT OF CORRECTIONS -- rank: 314

... August 14, 2007 - Decided August 22, 2007 Before Judges S.L. Reisner and Lyons. On appeal from the New Jersey State ... identical to that set forth in section 10 of P.L.1979, c. 441 (C.30:4-123.54) indicates by ... conditions of parole imposed pursuant to Section 15 of P.L.1979, c. 441 (C.30:4-123.59) if released ... Morales , 514 U.S. 499 , 115 S. Ct. 1597 , 131 L. Ed.2d 588 (1995)). We concluded that "the 1997 statutory amendment ... denied , 398 U.S. 938 , 90 S. Ct. 1841 , 26 L. Ed.2d 270 (1970), we held that there is ...

docket:	A2649-05
court:	NJ Superior Court Appellate Division
decided:	2007-08-22
status:	unpublished
citation:
Document Size:	61363

2593 STATE OF NEW JERSEY, by the COMMISSIONER OF TRANSPORTATION V. FREDERICO R. CAOILI -- rank: 314

... zoning restrictions that apply to the property. (pp. 8-9) 2.    In State v. Gorga , the Court imposed a two-step ... OF TRANSPORTATION,     Plaintiff- Appellant,         v. FREDERICO R. CAOILI and ESTRELLA L. CAOILI,     Defendants-Respondents,      and HUDSON CITY SAVINGS BANK, a Banking ... appellant ( Fred DeVesa , Attorney General of New Jersey, attorney; Joseph L. Yannotti , Assistant Attorney General, of counsel).         Peter H. Wegener argued ... 118 N.J. Super. 587 , 590 (App. Div. 1972); Julius L. Sackman & Patrick J. Rohan, 4 Nicholas on Eminent Domain §12 ... of Fair Market Value in Eminent Domain Proceedings , 12 Syracuse L. Rev. 352 (1961). Because the inquiry into the uses of ... 947 , 950-52 (Tenn. 1976); Eminent Domain , supra , § 12C.02[2], at 12C-74-93; see also James D. Eaton, ...

docket:	a-62-93
court:	njsupreme
decided:	1994-03-22
status:
citation:	135 N.J. 252
Document Size:	57439

2594 WILLIAM SCHECKEL VS STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY -- rank: 314

... had declined to cover plaintiff's medical bills. See footnote 2     At depositions, plaintiff testified that he did not file a ... conduct as bearing on whether he had breached the policy; (2) State Farm failed to demonstrate any evidence of "appreciable prejudice ... S. 242 , 251-52, 106 S. Ct. 2505 , 2512, 91 L. Ed.2d 202 , 214 (1986)).     In this case, the motion judge ... both propositions. Cooper , supra , 51 N.J. at 94 & n.2.     Nonetheless, an insured claiming coverage under a UM endorsement may ... interpreted broadly to afford the injured claimant recovery." Id. at 111.     In Norman , as in the instant case, both the ...

docket:	a7095-96
court:	njappellate
decided:	1998-11-13
status:	published
citation:	316 N.J.Super. 326
Document Size:	23270

2595 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.C.M. -- rank: 314

... three children, J.C. (James) and A.A.C. (Alice). 2 Nora and John assert that the judge erred by terminating ... or will continue to be endangered by the parental relationship; (2) The parent is unwilling or unable to eliminate the harm ... Nora as a "disorganized" and "very troubled woman" who "seem[ed] to have been only marginally able to care for herself ... Family Servs. v. C.S. , 367 N.J. Super. 76 , 111 (App. Div.), certif. denied , 180 N.J. 456 (2004), supported ... also N.J. Div. of Youth & Family Servs. v. G.L. , 191 N.J. 596 , 605 (2007) (instructing that trial court ... now known as the Division of Child Protection and Permanency. L. 2012, c. 16, eff. June 29, 2012. 2 We ...

docket:	a4124-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-05
status:	unpublished
citation:
Document Size:	44876