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2596 STATE OF NEW JERSEY v. GREGORY T. DELOACH a/k/a IAN EAIN L. DE LOACH, ABU M DELOACH, GREGORY DELOAC, DERRICK FLADGER, MOHAMMID MO GREGORY R. DELOACH -- rank: 314

... Respondent, v. GREGORY T. DELOACH a/k/a IAN EAIN L. DE LOACH, ABU M. DELOACH, GREGORY DELOAC, DERRICK FLADGER, MOHAMMID ... Theodore J. Romankow, Union County Prosecutor, attorney for respondent (Meredith L. Balo, Assistant Prosecutor, of counsel and on the brief). PER ... Early Release Act, N.J.S.A. 2C:43-7.2; third-degree aggravated assault, five years imprisonment with a thirty ... N.J. Super. 280 , 302-03 (App. Div.), certif. denied , 111 N.J. 633 (1988). We are satisfied that the jury ... an incorrect standard in deciding whether to grant the mistrial; (2) the court never acknowledged the nature of the influence on ... S. 333 , 362–63, 86 S. Ct. 1507 , 1522, 16 L. Ed.2d 600 , 620 (1966) (noting that a jury ...

docket:	a4989-07
court:	NJ Superior Court Appellate Division
decided:	2011-03-31
status:	unpublished
citation:
Document Size:	26631

2597 MARY SETTINERI v. PNC BANK CORP., et al. -- rank: 314

... Court of New Jersey,         Law Division, Morris County, Docket Number         L-3038-00.         Catherine M. Brown argued the cause for         appellant ... plaintiff’s performance was rated “achieved” and she received a 2.5 percent merit increase in salary. The same month, plaintiff ... Andres, evaluated her performance as “achieves,” and plaintiff obtained another 2.5 percent salary increment.     In October 1998, plaintiff’s sector ... that the trial court erred in (1) dismissing her claims; (2) denying her motion for a new trial; and (3) excluding ... argues that Shepherd v. Hunterdon Development Center , 174 N.J. 2 (2000), precludes dismissal of her claims against Ahern and Brundage ... occurred within the filing period.’” Id. at 24 (quoting Nat’l R.R. Passenger Corp. v. Morgan , 536 U.S. ...

docket:	A2735-02
court:	NJ Superior Court Appellate Division
decided:	2004-07-16
status:	published
citation:	371 N.J. Super. 537 854 A.2d 922
Document Size:	23758

2598 OHIO CASUALTY INSURANCE COMPANY v. MERCER INSURANCE COMPANY -- rank: 314

... Court of New Jersey, Law Division, Mercer County, Docket No. L-1609-11. Jared E. Stolz argued the cause for appellant ... Society Hill filed a third-party complaint against Ohio Casualty, 2 seeking defense, indemnification, and coverage. Ohio Casualty's answer to ... a premises loaned or rented to, or occupied by, you. (2) This is liability insurance (including a catastrophe/excess liability policy ... Casualty that Vornado v. Liberty Mutual , 106 N.J. Super. 111 (App. Div. 1969), controlled with regard to reimbursement to the ... or order as a matter of law." R. 4:46-2(c). Where "the party opposing summary judgment points only to ... despite the actual provisions in an insurance policy. Morton Int'l v. General Accident Ins. Co. , 134 N.J. 1 , ...

docket:	a5341-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-23
status:	unpublished
citation:
Document Size:	37686

2599 WILLIAM NIELSEN v. WAL-MART STORE #2171 -- rank: 314

... Court of New Jersey, Law Division, Mercer County, Docket No. L-1014-08. Patrick J. McDonnell argued the cause for appellant ... perimeter of Walmart's unit, where plaintiff slipped and fell, 2 was owned and maintained by the developer. In the master ... business invitee, to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E). We would add only, with ... 1954); Zemetra v. Fenchel Realty Co., Inc. , 134 N.J.L. 358 , 359 (Sup. Ct. 1946), aff'd o.b. , 135 N.J.L. 205 (E. & A. 1947). The common law, however, progressed away ... Prosser and Keeton on Torts , § 4 at 15 (5th ed. 1984) (observing that "the law of torts is a ...

docket:	a2790-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-11
status:	published
citation:	429 N.J.Super. 251 57 A.3d 1121
Document Size:	43781

2600 STANLEY J. SUSSMAN et al. v. ROBERT WAYNE MERMER et al. -- rank: 314

... the Superior Court of New Jersey, Law Division, Camden County, L-7969-02. John-Paul Madden argued the cause for appellant ... requesting the forms and informing the Borough it "still intend[ed] to operate this location for automotive sales." After several weeks ... that it had not abandoned its nonconforming use. See footnote 2 The Board conducted a hearing on September 26, 2002, at ... that the site does not look like an operational business. 2. There is no inventory as all 35 cars had been ... concurrence of two factors: (1) an intention to abandon, and (2) some overt act or failure to act which carries a ... v. Bd. of Adj. of So. Plainfield , 118 N.J.L. 116 (Sup. Ct. 1937).     In cases such as this, ...

docket:	a1997-03
court:	njappellate
decided:	2004-12-21
status:	published
citation:	373 N.J. Super. 603
Document Size:	49275

2601 LUIS VEGA v. THE CITY OF NEWARK -- rank: 314

... Court of New Jersey, Law Division, Essex County, Docket No. L-8010-10. Gary S. Lipshutz, Assistant Corporation Counsel, argued the ... Kahn, Wikstrom & Sinins, attorneys; Mr. Javerbaum, on the brief). Karen L. Jordan, Deputy Attorney General, argued the cause for respondent State ... the Star Ledger on February 6 from plaintiff's relatives. 2 The article revealed that a witness, Nelson Letra, had seen ... the left lane. Letra called 9-1-1 at approximately 2:55 a.m. to report his observations, and, when no ... plaintiff's physical and neurological injuries were significant and "prevent[ed] him from retaining counsel." As a result, plaintiff demonstrated "'sufficient ... analysis must be undertaken." Beauchamp v. Amedio , 164 N.J. 111 , 118 (2000). The first task is always to determine ...

docket:	a1749-10
court:	NJ Superior Court Appellate Division
decided:	2011-05-10
status:	unpublished
citation:
Document Size:	24404

2602 F.S v. R.A.L -- rank: 314

... A-5315-15T1 F.S., Plaintiff-Appellant, v. R.A.L., Defendant-Respondent. ____________________________ Submitted May 14, 2018 – Decided July 30 ... 2016, and we affirm. Plaintiff and defendant-wife, R.A.L., met in Brazil in 2002 and married on June 27 ... behavior was not obviously bizarre or odd.' Dr. Joseph determined 2 A-5315-15T1 defendant experienced numerous delusions centered on the ... mistaken.' N.J. Div. of Youth & Family Servs. v. G.L., 191 N.J. 596, 605 (2007) (citation omitted). At the ... the N.J.S.A. 6 A-5315-15T1 9:2-4(c)2 factors. Conclusions of the Family Part regarding child custody ...

docket:	a5315-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-30
status:
citation:
Document Size:	20636

2603 IN THE MATTER OF WILLIAM CARROLL -- rank: 314

... ongoing criminal investigation of which he was not a target.         2.    On December 15, 1997, Sheriff's Officer William Carroll refused ... U.S. 493 , 500, 87 S. Ct. 616 , 620, 17 L. Ed.2d 562 , 567 (1967)(holding "the protection of the individual ... S. 70 , 84, 94 S. Ct. 316 , 325-26, 38 L. Ed.2d 274 , 285-86 (1973) ("given adequate immunity, the State ... 273 , 277-79, 88 S. Ct. 1913 , 1915-16, 20 L. Ed.2d 1082 , 1086-87 (1968) (policeman may be ...

docket:	A1003-99
court:	NJ Superior Court Appellate Division
decided:	2001-04-24
status:	published
citation:	339 N.J. Super. 429
Document Size:	35227

2604 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:	a4191-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-05
status:	unpublished
citation:
Document Size:	44876

2605 STATE OF NEW JERSEY v. KERMON A. WILLIAMS -- rank: 314

... required to establish the commission of the offense charged; or (2) It consists of an attempt or conspiracy to commit the ... Therefore, we review this alleged error as plain error. R. 2:10-2; State v. Bunch , 180 N.J. 534 , 541 (2004); State ... of the material facts of the case . . . ." State v. Concepcion , 111 N.J. 373 , 379 (1988). Moreover, trial judge's have ... Moreover, 542 U.S. 296, 124 S. Ct. 2531 , 159 L. Ed.2d 403 (2004) and Natale II , supra , 184 N. ...

docket:	a5330-03
court:	njappellate
decided:	2006-02-09
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	62834

2606 /usr/local/share/www/libweb/collections/courts/appellate/a0992-19.opn.html -- rank: 312

... Court of New Jersey, Law Division, Monmouth County, Docket No. L-3049-18. Richard A. Amdur, Jr., attorney for appellant. Kiernan ... The wrapper] was the only thing there.' A-0992-19 2 Plaintiff did not 'think [the wrapper] was on the ground ... N.J. 520, 540 (1995); see also R. 4:46-2(c). If there are materially disputed facts that could support ... a ruling on a question of law. See Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366 ... negligence, a plaintiff must demonstrate: (1) a duty of care, (2) that the duty has been breached, (3) proximate causation, and ... the Law of Torts § 30 at 164-65 (5th ed. 1984)). A plaintiff bears the burden of proving negligence, ...

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2607 STATE OF NEW JERSEY v. MICHAEL LASANE -- rank: 312

... N.J. 319 , 335-36 (2001), and R. 3:9-2. In any event, particularly because defendant was a juvenile, the ... U.S. 52 , 59, 106 S. Ct. 366 , 370, 88 L. Ed.2d 203 , 210 (1985). See also State v. Cummings , 321 ... himself or to a third person. RPC 1.7(a)(2) (effective January 1, 2004). See also RPC 1.7(a)(2), (b) (in effect at the time of the plea and ... S. 52 , 56-57, 106 S. Ct. 366 , 369, 88 L. Ed.2d 203 , 208-09 (1985). Moreover, it is ...

docket:	a4181-02
court:	njappellate
decided:	2004-07-13
status:	published
citation:	371 N.J. Super. 151
Document Size:	42077

2608 WHITE CONSOLIDATED INDUSTRIES, INC., et al. v. PEI LIN, M.D. -- rank: 312

... Court of New Jersey,         Law Division, Middlesex County, Docket No.         L-9285-99.         John T. Coyne argued the cause for appellant ... ERISA's savings clause, 29 U.S.C. §1144 (b)(2)(A), but a self-insured ERISA plan is not "deemed ... ERISA's "deemer" clause, 29 U.S.C. §1144 (b)(2)(B). FMC Corp. v. Holiday , 498 U.S. 52 , 111 S. Ct. 403 , 112 L. Ed.2d 356 (1990). In other words, employee benefits plans ...

docket:	a4255-02
court:	njappellate
decided:	2004-10-22
status:	published
citation:	372 N.J. Super. 480
Document Size:	22958

2609 STATE OF NEW JERSEY v. REGINALD PIERRE -- rank: 312

... CAR, THE PLAIN VIEW DOCTRINE DID NOT A-5274-16T1 2 PERMIT ENTRY INTO THE CAR TO RECOVER THE HANDGUN. POINT ... moved closer to investigate. Defendant shouted to the other individual, '[l]et's get the fuck out of here,' and entered ... a quiet street and was in no way obstructing traffic;' (2) his car's doors were not wide open but only ... v. Alloway Twp., 438 N.J. Super. 501, 505 n.2 (App. Div. 2015) ('An issue that is not briefed is ... arguing with his friend before the detectives approached his car.2 Defendant also admitted he was sitting in his vehicle when ... or not defendant was 'fumbling with his gun' was irrelevant. 2 We acknowledge that the trial court seemed to credit ...

docket:	a5274-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-30
status:	Unpublished
citation:
Document Size:	28846

2610 STATE OF NEW JERSEY v. ELIZABETH JACOBSON -- rank: 312

... test, contrary to N.J.S.A. 39:4-50.2. On February 13, 2003, defendant was arrested and charged in ... plea was the result of a manifestly unjust plea bargain; (2) the five-year time bar should be relaxed because defendant ... for PCR petitions. We do not agree. Rule 7:10-2 applies to PCR petitions arising from convictions obtained in municipal ... sentence may be filed at any time. R. 7:10-2(b)(1). However, a PCR petition based on any other ... after entry of the judgment of conviction. R. 7:10-2(b)(2). The time bar may be relaxed only if the ...

docket:	a0303-12
court:	NJ Superior Court Appellate Division
decided:	2013-03-03
status:	unpublished
citation:
Document Size:	15787