Search Rutgers Law Library N.J. Court Opinions

3721 MARTIN GREENBLATT v. JOSEPH SULOVSKI -- rank: 320

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-6678-09. Martin Greenblatt, appellant/cross-respondent pro se. Palumbo ... August 5, 2009. Plaintiff alleged violations of the "Patman" Act, 2 violation of the Law Against Discrimination (LAD), N.J.S ... permanent injury under the LAD Act and the Patman Act"; 2) the trial court should have addressed the issue of jurisdiction ... the rights of another not stated in sections 2A:14-2 [personal injury] and 2A:14-3 [libel or slander] of ... injury is two years. N.J.S.A. 2A:14-2. Thus, plaintiff's LAD claim was governed by a two ... cumulative pattern of tortious conduct." Wilson v. Wal-Mart Stores , 158 N.J. 263 , 272 (1999). Broadly speaking, the statute ...

docket:	a2149-09
court:	superior court appellate division
decided:	2010-10-14
status:	unpublished
citation:
Document Size:	28165

3722 STATE OF NEW JERSEY v. MATTHEW L. EVANS -- rank: 320

... 3748-18 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MATTHEW L. EVANS, a/k/a MATTHEW EVAN, Defendant-Appellant. _______________________ Argued January ... A. Tsang, Assistant Prosecutor, argued the cause for respondent (James L. Pfeiffer, Warren County Prosecutor, attorney; Dit Mosco, Assistant Prosecutor, of ... in part for the reasons that follow. I. On February 2, 2018, Travis Vickerman died in his parents' home of a ... blood alcohol level of .136, and thirteen A-3748-18 2 and collect evidence. At the scene, Detectives Kyle Hayes and ... and a cell phone, all from the victim's room.2 The cell phone was lying next to the victim. Detective ... case. A neighbor reported to Detective Hayes that on February 2 he observed a yellow compact car in front of ...

docket:	a3748-18
court:	NJ Superior Court Appellate Division
decided:	2022-07-28
status:	Unpublished
citation:
Document Size:	34482

3723 IN THE MATTERS OF DANIEL MARCANO AND CHRISTOPHER A.FRUCCI, CITY OF CAMDEN -- rank: 320

... evidentiary burden. He stated that "[n]o preponderating evidence exist[ed] to show that [Marcano and Frucci] arrived late, left their ... and mitigated in accordance with N.J.A.C. 4A:2-2.10. Additionally, reasonable counsel fees were granted pursuant to N.J.A.C. 4A:2-2.12. The Commission determined that Marcano was entitled to $97 ... our scope of review is guided by three major inquiries: (l) whether the agency's decision conforms with relevant law; ( ...

docket:	a5345-09
court:	NJ Superior Court Appellate Division
decided:	2013-01-10
status:	unpublished
citation:
Document Size:	23392

3724 STATE OF NEW JERSEY v. CRAIG BYRON -- rank: 320

... third-degree resisting arrest, N.J.S.A. 2C:29-2(a) and fourth-degree aggravated assault, N.J.S.A ... burden of proof as to the count of resisting arrest, " 2) defendant's "burglary conviction should not have been admitted to ... denied , 489 U.S. 1022 , 109 S. Ct. 1146 , 103 L. Ed.2d 205 (1989); see State v. Spano , 64 N.J ... improper methods calculated to produce wrongful convictions. State v. Frost , 158 N.J. 76 , 83 (1999). Accordingly, in summation, prosecutors are ... assertions must be accurate. State v. Smith , 167 N.J. 158 , 182 (2001); Frost , supra , 158 N.J. at 85; ...

docket:	a4587-06
court:	superior court appellate division
decided:	2010-02-11
status:	unpublished
citation:
Document Size:	43914

3725 EWING LOFTS AND STUDIOS, L.L.C. v. PINNACLE TOWERS L.L.C. -- rank: 320

... APPELLATE DIVISION DOCKET NO. A-0 EWING LOFTS AND STUDIOS, L.L.C., Plaintiff-Appellant/ Cross-Respondent, v. PINNACLE TOWERS, L.L.C., Defendant-Respondent/ Cross-Appellant, and PUBLIC SERVICE ELECTRIC & GAS ... Court of New Jersey, Law Division, Mercer County, Docket No. L-2627-10. W. Scott Stoner argued the cause for appellant ... J. Czura argued the cause for respondent/cross-appellant. Peter L. Agostini argued the cause for respondent Public Service Electric & ...

docket:	a5457-11
court:	NJ Superior Court Appellate Division
decided:	2013-11-14
status:	unpublished
citation:
Document Size:	45584

3726 REPUBLIC BUSINESS CREDIT CORPORATION v. MONA CAMHE-MARCILLE, et al. -- rank: 320

... were equal principals in two corporations and co-guarantors on $2,233,535.12 in notes the corporations had given to ... from the other co-obligors for the excess payment; and (2) each co-obligor is responsible to the other co-obligors ... Cohen signed substantially identical guarantees of three corporate notes totaling $2,233,535.12 plus interest at a fluctuating rate of ... sued Camhe's estate on the notes, demanding damages of $2,233,535.12 plus interest, costs, and attorneys fees. On ... Walling , 324 U.S. 244 , 65 S. Ct. 605 , 89 L. Ed. 921 (1945)). Moreover, "[d]isproportionate emphasis upon a word ...

docket:	A0964-04
court:	NJ Superior Court Appellate Division
decided:	2005-12-13
status:	published
citation:	381 N.J. Super. 563 887 A.2d 185
Document Size:	52250

3727 STATE OF NEW JERSEY v. PETER RUSCH -- rank: 320

... 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 ... v. Concepcion , 111 N.J. 373 , 379 (1988)), aff'd , 158 N.J. 149 (1999). The jury charge should also " ...

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

3728 M.K v. CATASTROPHIC ILLNESS IN CHILDREN RELIEF FUND COMMISSION -- rank: 320

... K. paid by check issued from the account of Save1Million 2, M.K.'s unincorporated sole proprietorship. M.K. requested the ... initials to protect the identity of M.K.'s child. 2 We note M.K's unincorporated sole proprietorship is identified ... by M.K.'s unincorporated sole proprietorship. A-1362-18T1 2 as the sole owner and both parents as signers on ... legislative policies, that is, did the agency follow the law; (2) whether the record contains substantial evidence to support the findings ... expertise and superior knowledge of a particular field.'' Id. at 158 (quoting Circus Liquors, Inc. v. Governing Body of Middletown Twp ... 261 (App. Div. 2014) (quoting A-1362-18T1 4 I.L. v. N.J. Dep't of Human Servs., Div. ...

docket:	a1362-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-03
status:	Unpublished
citation:
Document Size:	14224

3729 STATE OF NEW JERSEY v. ROGER HOWARD -- rank: 320

... and N.J.S.A. 2C:11-3(a)(1)-(2) (counts one and two); two counts of first-degree robbery ... testimony. Defendant was convicted on all counts before the jury. 2 Defendant was sentenced in April 2014 to a nineteen-year ... Release Act (NERA), N.J.S.A. 2C:43-7.2. He was sentenced to a consecutive eighteen-year term of ... that was "clearly capable of producing an unjust result." R. 2:10-2; see State v. Macon , 57 N.J. 325 , 336 (1971 ... a fair trial." State v. Baum , 224 N.J. 147 , 158-59 (2016) (quoting State v. Reddish , 181 N.J. ...

docket:	a5705-13
court:	NJ Superior Court Appellate Division
decided:	2017-03-01
status:	published
citation:
Document Size:	42407

3730 STATE OF NEW JERSEY v. YAHYAH JOHNSON -- rank: 320

... have been clearly capable of producing an unjust result." R. 2:10-2. When presenting the summation, the prosecutor is bound to confine ... denied , 489 U.S. 1022 , 109 S. Ct. 1146 , 103 L. Ed.2d 205 (1989). Prosecutors are allowed significant freedom as long ... vigorous and forceful closing arguments to juries." State v. Frost , 158 N.J. 76 , 82 (1999); Harris , supra , 141 N.J ... conduct deprived a defendant of a fair trial. Frost , supra , 158 N.J. at 83. To warrant reversal, the prosecutor' ...

docket:	A1210-04
court:	NJ Superior Court Appellate Division
decided:	2006-08-08
status:	unpublished
citation:
Document Size:	65116

3731 IN THE MATTER OF JASEN MITCHELL BOROUGH OF WILDWOOD CREST, DEPARTMENT OF PUBLIC SAFETY -- rank: 320

... not in good standing.' See N.J.A.C. 4A:2-6.2. After a departmental hearing, the Borough filed a final notice ... Public Safety Telecommunicator,' within the police department. A-5605-17T2 2 After considering the testimony and evidence, the ALJ concluded the ... not in good standing.' See N.J.A.C. 4A:2-6.2(b) ('Any employee who is absent from duty for five ... and the Borough 'failed to meet its burden of proof[.]'2 We disagree and affirm. 2 The agency head reviews ...

docket:	a5605-17
court:	NJ Superior Court Appellate Division
decided:	2020-12-01
status:	Unpublished
citation:
Document Size:	15097

3732 STATE OF NEW JERSEY v. RAVON FREEMAN -- rank: 320

... Ibid. (quoting United States v. Brodie , 403 F.3d 123 , 158 (3d Cir. 2005)). We apply the same standard in determining ... 307 , 318-19, 99 S. Ct. 2781 , 2788-89, 61 L. Ed.2d 560 , 573 (1979) (requiring, as a matter of federal ... v. Castagna , 187 N.J. 293 , 312 (2006); see R. 2:10-2; State v. Macon , 57 N.J. 325 , 337-38 (1971 ... U.S. 18 , 24, 87 S. Ct. 824 , 828, 17 L. Ed.2d 705 , 710-11 (1967)). The competent evidence ...

docket:	A0797-05
court:	NJ Superior Court Appellate Division
decided:	2007-02-26
status:	unpublished
citation:
Document Size:	53091

3733 HILLSIDE GOLF, INC FAIRFIELD DELTA, INC and GURMAIL SINGH v. GINO INN, INC and GINO E. INNARELLA and RACHEL INNARELLA -- rank: 320

... the Superior Court of New Jersey, Law Division, Morris County, L-2751-05. Anthony G. Del Guercio argued the cause for ... final default judgment against defendants pursuant to Rule 4:43-2. Thereafter, on June 15, 2006, the court entered a final ... pursuant to Rule 1:13-7 or Rule 4:43-2. A similar notice dated June 16, 2006, was subsequently sent ... and legal fees under N.J.S.A. 56:8-2. The September 1, 2006 order was mailed to the Innarellas ... the filing of the required motions under Rule 4:43-2(d). They further argue that good cause existed to vacate ... 73 N.J. 395 , 397 (1977) (citing R. 4:50-2). However, the one-year time bar does not apply ...

docket:	a4282-07
court:	superior court appellate division
decided:	2010-07-22
status:	unpublished
citation:
Document Size:	56458

3734 I/M/O EDISON TOWNSHIP BOARD OF EDUCATION, ET AL., VS EDISON TOWNSHIP PRINCIPALS & SUPERVISORS ASSOCIATION -- rank: 320

... Board and the Association provides in Article IV section B(2):         Withholding of increments shall be accomplished in accordance with provisions ... determined by PERC. N.J.S.A. 34:13A-5.2, which established PERC, grants to it the authority to "make ... legislative policies, that is, did the agency follow the law; (2) whether the record contains substantial evidence to support the findings ... v. Professional Ass'n of N.J. Dep't of Ed. , 64 N.J. 231 , 258-59 (1974)); see also Impey v. Board of Ed. of Borough of Shrewsbury , 142 N.J. 388 , 397 (1995 ... N.J. 141 , 154 (1995); Assembly Labor Committee, Statement to L.1989, c. 269 (reprinted at N.J.S.A. ...

docket:	a2073-96
court:	njappellate
decided:	1997-09-30
status:	published
citation:	<a href=
Document Size:	25963

3735 STATE OF NEW JERSEY v. BRIAN T. MILLAR -- rank: 320

... N.J. 54, cert. denied , ___ U.S. ___, 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008), which would determine the scientific reliability of ... original reservation. R. 3:9-3(f); R. 7:6-2(c); State v. Mustaro , 411 N.J. Super. 91 , 99 ... whether the defendant has asserted a colorable claim of innocence; (2) the nature and strength of defendant's reasons for withdrawal ... provide more than a "bare assertion of innocence." Id. at 158. Rather, a "[d]efendant[] must present specific, credible facts ...

docket:	a4772-08
court:	superior court appellate division
decided:	2010-07-01
status:	unpublished
citation:
Document Size:	40107