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2611 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 RED BANK ACQUISITION I, LLC -- rank: 394

... R.B. Realty), was the controlling lease between the parties; 2) Chapin Hill materially breached the lease; 3) the court awarded ... the end of August with the principals of Chapin Hill. 2 There was no mention in any of the emails from ... additional change: that a sentence be added to section 22.2 requiring the landlord, in the event of a default, to ... lease was consistent with prior lease drafts. Although section 1.2 was blank as to the lease term, section 1.3 ... significantly different from the August 21, 2006 lease. Section 1.2 provided for a fixed thirty-year lease term instead of ... of licensed beds. Furthermore, at the end of section 22.2, a sentence had been added requiring the landlord, after ...

docket:	a1132-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-26
status:	unpublished
citation:
Document Size:	97120

2612 Township of Green, v. Life With Joy, Inc. -- rank: 394

... elements of N.J.S.A. 54:4-3.6 (2) denies the Township’s 2016 and 2018 appeals, affirming the ... learning center for young adults with developmental disabilities. Ms. Kolb 2 serves as executive director of LWJ and is president of ... in the Tax Court Committee on Opinions concerning this matter. 2 Ms. Kolb was the only witness for LWJ and her trial testimony was generally undisputed by the Township. 2 with developmental disabilities, primarily autism. In 2015 LWJ purchased the ... to young adults with developmental disabilities. The house has a 2,000 square foot basement with a full gym, a six ... 1, 2021, through July 31, 2022, at a rate of $2,790 per month. One bedroom is deliberately kept open ...

docket:	9572-16
court:	NJ Tax Court
decided:	2022-03-24
status:	Published
citation:
Document Size:	60446

2613 MERION GARDENS ASSISTED LIVING COMPANY, LLC v. HOSPICOMM INC / v. DALTON INSURANCE COMPANY, INC -- rank: 394

... Court of New Jersey, Law Division, Gloucester County, Docket No. L-1883-03. Alan A. Reuter argued the cause for appellant ... filed a third-party complaint against Dalton Insurance Agency, LLC. 2 The third-party complaint was eventually dismissed. Four days after ... the first five years as: $183,067; $1,328,835; $2,344,008; $2,414,328; and $2,486,758. Satisfied with the projected revenue, Merion's principals ... because Hospicomm: (1) failed to provide operation and capital budgets; (2) failed to prepare and maintain an initial operating budget; ( ...

docket:	a1291-12
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	73193

2614 JENNIFER CIECHANOWSKI v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY -- rank: 394

... Court of New Jersey, Law Division, Atlantic County, Docket No. L-2444-06. R. C. Westmoreland argued the cause for appellants ... As a result, plaintiff's "money judgment," R. 4:58-2, was not more than 120% of her offer of judgment ... 510,000 should be used to determine whether she "obtain[ed] a money judgment, in an amount that [wa]s 120% of [her] offer or more[.]" R. 4:58-2(a). NJM contends that the judge correctly molded the verdict ... 188 N.J. at 593; Schettino v. Roizman Dev. , Inc. , 158 N.J. 476 , 482 (1999). The penalties imposed by the ... Super. at 194; Pressler, Current N.J. Court Rules , comment 2 on R. 4:58 (2009). As currently enacted, Rule ...

docket:	a2525-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-31
status:	unpublished
citation:
Document Size:	62392

2615 RYCOLINE PRODUCTS, INC. v. MICHAEL WALSH, et al. -- rank: 394

... s case dismissing its claims pursuant to R. 4:37-2(b). See footnote 1 1 Defendant C&W Unlimited (C ... trial judge dismissed those claims pursuant to R. 4:37 2(b). Plaintiff appeals.     In addition, Rycoline appeals the following rulings ... other alleged prior wrongful conduct of C&W and Walsh; (2) the denial of Rycoline's motion to amend its complaint ... Act") N.J.S.A. 2C:41-1 to -6.2; (3) refusing to allow Rycoline to file a brief in ... AT TRIAL TO EASILY SURVIVE DISMISSAL UNDER R. 4:37-2(b)         i.    Standards For Dismissal Under R. 4:37-2(b)         ii.    Rycoline Presented Sufficient Evidence At Trial To ...

docket:	a0823-98
court:	njappellate
decided:	2000-08-15
status:	published
citation:	334 N.J.Super. 62
Document Size:	36281

2616 HOLIDAY MEDICAL CENTER INC. v. BARTON D. WEISMAN -- rank: 394

... Plaintiff-Appellant, v. BARTON D. WEISMAN, ANDREW S. WEISMAN, HOWARD L. LIPSCHUTZ, ARTHUR KROSNICK, BARRY KANTROWITZ, MILLENNIUM HEALTH SYSTEMS, LLC, HBA ... HMC), pursuant to N.J.S.A. 14A:11-7(2). We previously reversed the trial court's July 16, 2007 ... profit, private school. The notice advised that HMC anticipated netting $2,000,000 from the sale after paying off the existing ... any cash proceeds from the purchase price in excess of $2,000,000 to the Buyer as a charitable contribution. On ... the purchase price to pay off the existing mortgage, and $2,895,060.45 was donated back to the school as a charitable contribution. HMC netted $2,000,000 from the sale. Absent her dissent, Markind ...

docket:	a5198-08
court:	NJ Superior Court Appellate Division
decided:	2010-11-17
status:
citation:
Document Size:	44104

2617 STATE OF NEW JERSEY v. BARRY BERRY, -- rank: 394

... was delivered by SUSSWEIN, J.A.D. A-1068-18 2 Co-defendants Kenneth Daniels, Levell Burnett, and Barry Berry appeal ... controlled dangerous substances (CDS), N.J.S.A. 2C:5-2 and N.J.S.A. 2C:35-5 (Count Two ... conspiracy to possess firearms, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:39-5 (Count Six ... acquittal notwithstanding a guilty verdict pursuant to Rule 3:18-2. In a 4-3 decision, the Court in Lodzinski reaffirmed ... the A-1068-18 21 defendants in the organization' and (2) of unspecified 'orders being given out' is the only evidence ... is unlike conspiracy under N.J.S.A. 2C:5-2. The kingpin offense focuses not just on the existence ...

docket:	a1068-18
court:	NJ Superior Court Appellate Division
decided:	2022-03-07
status:	Published
citation:
Document Size:	131394

2618 IMO ESTATE OF DUDLEY B. DAWSON, DECEASED Amended 07-15-94 -- rank: 394

... the distribution on the market price of the stock; and 2) the issuing corporation's description of the transaction. Furthermore, the ... guide the Court in defining "stock dividend." (pp. 10-13) 2.    Stock distributions usually involve three accounts: 1) the capital stock or stated-capital account; 2) the capital-surplus or additional-paid-in-capital account; and ... Dawson Dumont, a sister, who died without issue in 1961; (2) Elizabeth Dawson Birch, a niece, and Raymond Dawson, Jr., a ... trust to Anna during her life, in quarterly installments; and (2) pay the income from the trust after Anna's death ... the case has spanned a very long period of time; (2) substantial differences exist in the financial and analytical contexts ...

docket:	a-89-93
court:	njsupreme
decided:	1994-06-09
status:
citation:	136 N.J. 1
Document Size:	63510

2619 STATE OF NEW JERSEY v. EDUARDO TAPIA -- rank: 394

... conspiracy to commit kidnapping, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:13-1; first-degree ... attorney failed to investigate the victim and prepare for trial; 2) the evidence was not sufficient to warrant a conviction; 3 ... counsel because: 1) trial counsel failed to request a Miranda 2 hearing; 2) trial counsel failed to investigate and call witnesses on defendant ... on the merits." State v. Marshall , 148 N.J. 89 , 158 (citing Preciose , supra , 129 N.J. at 463), cert. denied , 522 U.S. 850 , 118 S. Ct. 140 , 139 L. Ed.2d 88 (1997). Without such a showing, no ...

docket:	a3860-09
court:	NJ Superior Court Appellate Division
decided:	2012-01-20
status:	unpublished
citation:
Document Size:	20754

2620 STATE OF NEW JERSEY v. BRANDON KINGSLEY STOKES -- rank: 394

... S. 471 , 485-86, 83 S. Ct. 407 , 416, 9 L. Ed.2d 441 , 454 (1963); see also State v. Johnson , 118 ... U.S. 1 , 22, 88 S. Ct. 1868 , 1880, 20 L. Ed.2d 889 , 906 (1968). Defendant, on the other hand, maintained ... at 20-21, 88 S. Ct. at 1879-80, 20 L. Ed. 2d at 905-06 (seizure of a person); State ...

docket:	a4191-06
court:	njappellate
decided:	2008-08-20
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	60194

2621 THE CITY OF PLAINFIELD v. NEW JERSEY DEPARTMENT OF HEALTH AND SENIOR SERVICES -- rank: 394

... of Plainfield (Mr. Bernstein, of counsel; Mr. Bernstein and Wendy L. Wiebalk, on the brief). The opinion of the court was ... 000 in: (1) upgrades to Muhlenberg's facilities and equipment; (2) physician recruitment; and (3) program development, including a new wound ... 836, 33,583 and 34,512 patients, respectively. Only 18.2% of these emergency visits resulted in admission to the hospital ... 2000 and 2006, Muhlenberg consistently reported annual operating losses of $2,000,000 to $5,000,000. Solaris attributed these losses ... underutilization of services at Muhlenberg coupled with overwhelming financial pressures; (2) the inability of Solaris's other affiliates to continue to ... with an average travel time from Muhlenberg of eighteen minutes); (2) Robert Wood Johnson University Hospital at Rahway (7.57 ...

docket:	a0179-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-04-12
status:	published
citation:
Document Size:	73811

2622 STATE OF NEW JERSEY v. ROBERT GRAHAM -- rank: 394

... 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

2623 STATE OF NEW JERSEY v. FRANCISCO DEMOSCOSO -- rank: 394

... H. Park, Acting Union County Prosecutor, attorney for respondent (Meredith L. Balo, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel ... Early Release Act, N.J.S.A. 2C:43-7.2, and a concurrent one-year term of imprisonment on Count ... deprived the defendant of a fair trial." State v. Frost , 158 N.J. 76 , 83 (1999). "[T]he prosecutor's conduct ... 397 , 438 (2007) (quoting State v. Smith , 167 N.J. 158 , 181 (2001)), cert. denied , 552 U.S. 1146 , 128 S. Ct. 1074 , 169 L. Ed.2d 817 (2008). A court should consider "(1) whether ...

docket:	a1726-11
court:	NJ Superior Court Appellate Division
decided:	2014-03-27
status:	unpublished
citation:
Document Size:	30036

2624 STATE OF NEW JERSEY v. MICHAEL TAFFARO -- rank: 394

... appellant (Alan I. Smith, Designated Counsel, on the brief). John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Catherine A. Foddai ... s points one through four. As called for by Rule 2:10-2, we will disregard the alleged error unless it was of ... to warrant only limited discussion in a written opinion. R. 2:11-3(e)(2). As to the first point, the prosecutor merely told the ... second point, that the court sustained the prosecutor's Clawans 2 objection, made in response to defendant's comment in ...

docket:	a1911-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-14
status:	unpublished
citation:
Document Size:	31268

2625 STATE OF NEW JERSEY v. IBN MUHAMMAD -- rank: 394

... the shooter. Watts testified that on September 6, 2007, between 2:00 p.m. and 3:00 p.m., he went ... 541 U.S. 36 , 59, 124 S. Ct. 1354 , 1369, 158 L. Ed.2d 177 , 197 (2004)). "[B]oth the Confrontation Clause and ... failed to move for severance pursuant to Rule 3:15-2 and, had he done so, it is not likely the ... crime must be admissible as relevant to a material issue; (2) It must be similar in kind and reasonably close ...

docket:	a5475-10
court:	NJ Superior Court Appellate Division
decided:	2013-06-28
status:	unpublished
citation:
Document Size:	39600