Search Rutgers Law Library N.J. Court Opinions

3736 STATE OF NEW JERSEY v. STEPHEN J. BEHNKE -- rank: 320

... P. Kearns, III, Hunterdon County Prosecutor, attorney for respondent (Jeffrey L. Weinstein, Assistant Prosecutor, of counsel and on the brief). The ... of Megan's Law, N.J.S.A. 2C:7-2. Defendant contends that, separately and cumulatively, a witness's improper ... of Megan's Law, N.J.S.A. 2C:7-2, and imposed appropriate fines and assessments. Because defendant's conviction ... we analyze the argument under a plain error standard. R. 2:10-2. Under that standard of review, we disregard any error or ... else, thus harassing her but not committing criminal sexual contact. 2 The State responds that harassment is not a lesser ...

docket:	a1711-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-13
status:	unpublished
citation:
Document Size:	45399

3737 Kazimierz Lapka and Emilia Lapka v. Porter Hayden Company, et al. -- rank: 320

... two years before the complaint was filed. (pp. 11-13) 2. A sworn and signed workers' compensation petition cannot be disavowed ... Garde , Mr. Smith and Debra M. Perry , of counsel; Paul L. Kattas and Edward R. Schreiber, III , on the briefs).     The ... of limitations found at N.J.S.A. 2A:14-2. That determination requires us to consider the applicability of the ... patient's admitting form, Dr. Balinski noted that plaintiff “work[ed] in a chemical factory [and was] possibl[y] allerg[ic ... the above complaints have been going on for more than 2 years . . . .         . . . .          Conclusions : Based upon the history and the physical examination ... was again admitted to Raritan Bay Medical Center on November 2, 1996. The admitting attendant prepared plaintiff's personal history ...

docket:	a-93-98
court:	njsupreme
decided:	2000-02-24
status:
citation:	162 N.J. 545
Document Size:	74128

3738 HERBERT WREDEN v. TOWNSHIP OF LAFAYETTE -- rank: 320

... Court of New Jersey, Law Division, Sussex County, Docket No. L-460-11. Lisa Nichole Roskos argued the cause for appellants ... state a cause of action pursuant to Rule 4:6-2(e). The Township submitted two certifications in support of its ... addressed in" that order; and the Township had been "provid[ed] . . . with an expectation of finality." Therefore, the judge concluded that ... were barred by N.J.S.A. 59:8-8b; (2) they were required to file a new notice of tort ... de novo, applying the same standard under Rule 4:6-2(e) that governed the motion court. See Frederick v. Smith ... complaint[,]" and, in determining whether dismissal under Rule 4:6-2(e) is warranted, the court should not concern itself ...

docket:	a5422-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-17
status:	published
citation:	436 N.J.Super. 117 92 A.3d 681
Document Size:	33388

3739 CAROL VALENTINO v. THE BOROUGH OF WOODCLIFF LAKE -- rank: 320

... Court of New Jersey, Law Division, Bergen County, Docket No. L-3182-08. Ronald T. Nagle, attorney for appellant. Pfund McDonnell ... v. Shinnihon U.S.A. Co. , 399 N.J. Super. 158, 80 (App. Div.), certif. denied , 196 N.J. 85 (2008 ... professional, reasonably believes constitutes improper quality of patient care; or (2) is fraudulent or criminal, including any activity, policy or practice ... certified health care professional, constitutes improper quality of patient care; (2) is fraudulent or criminal, including any activity, policy or practice ... pursuant to law, or a clear mandate of public policy; (2) he or she performed a "whistle-blowing" activity described in ... U.S. 502 , 509, 113 S. Ct. 2742 , 2748, 125 L. Ed.2d 407 , 417 (1993)). This burden is "little ...

docket:	a5570-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-30
status:	unpublished
citation:
Document Size:	40398

3740 A-0FRATERNAL ORDER OF POLICE NEWARK LODGE NO. 12 v. CITY OF NEWARK July 24, 2015 -- rank: 320

... Chancery Division, Essex County, Docket No. C-143-13. Willie L. Parker, Corporation Counsel, attorney for appellant (Michael A. Oppici, Assistant ... of service and every anniversary date thereafter – 6%. . . . . Section 2. Longevity credits shall be based on the permanent salary received ... set forth in Ordinance 6 S&FH (Ordinance), adopted November 2, 1966, as amended shall remain in full force and effect. Section 2:24-10.4 of the Ordinance, which is entitled "When ... that the longevity ordinances incorporated into the Agreement, including Section 2:24-10.4, permitted the reappointed officers to receive credit ... arbitral decisions interpreting predecessor collective negotiations agreements, and City Ordinance 2:24-10.4, I find the Union has met ...

docket:	a1498-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-04
status:	unpublished
citation:
Document Size:	41999

3741 MICHAEL C. SENISCH v. JAMES CARLINO -- rank: 320

... Court of New Jersey, Law Division, Cumberland County, Docket No. L-184-08. Van Syoc Chartered, attorneys for appellant (D. Rebecca ... We affirm. Viewed most favorably to plaintiff, R. 4:46-2(c); Brill v. Guardian Life Ins. Co. of Am. , 142 ... the assertion of a false and defamatory statement concerning another; (2) the unprivileged publication of that statement to a third party ... a matter of law. See Higgins v. Pascack Valley Hosp. , 158 N.J. 404 , 426 (1999). The court looks to "the ... 1955)). In subsequent development of the law, the Court "discard[ed] the label" of malice and held that "a plaintiff must ... employer. The "Health Care Professional Responsibility and Reporting Enhancement Act," 2 L. 2005, c. 83 (codified at N.J.S. ...

docket:	a6218-09
court:	NJ Superior Court Appellate Division
decided:	2011-12-01
status:	published
citation:	423 N.J. Super. 269 32 A.3d 217
Document Size:	33496

3742 STATE OF NEW JERSEY v. LARRY LEONARD -- rank: 320

... to first-degree carjacking, N.J.S.A. 2C:15-2. In exchange, the State agreed to dismiss the remaining nine ... custodial term not to exceed fifteen years with a NERA 2 period of parole ineligibility. At the plea hearing, defendant testified ... that he faced a potential thirty-year term. Judge William L'E. Wertheimer accepted the plea and imposed a twelve-year ... At an excessive sentence oral argument calendar, pursuant to Rule 2:9-11, we affirmed the sentence. State v. Leonard No ... you will be eligible for parole on that offense(s)? 2. Do you understand that because you have pled guilty to ... incarceration? The answers checked by defendant to question 1 and 2 are both "yes." Defendant also contends: THE PCR COURT ...

docket:	a3189-09
court:	NJ Superior Court Appellate Division
decided:	2012-07-06
status:	unpublished
citation:
Document Size:	17791

3743 AIDA MINEROS v. DIANA LONDON -- rank: 320

... Court of New Jersey, Law Division, Hudson County, Docket No. L-3794-13. George Sommers argued the cause for appellant. Moira ... ordered inspection occurred on April 20, 2015, but contended that 2 A-1091-15T4 on the date of the accident it ... or order as a matter of law.' R. 4:46-2(c). 'An issue of fact is genuine only if, considering ... consider 'this new certification of Mr. Landivar' as it 'enlighten[ed] the [c]ourt as to what he did when 7 ... J. 643, 649 (1993)); State v. Laster, 71 N.J.L. 586, 588-89 (E. & A. 1905). As Landivar stated, his ... entry upon land permitted by Rule 4:18-1(a)(2), including both 'inspection and measuring.' Ibid. Moreover, in moving ...

docket:	a1091-15
court:	NJ Superior Court Appellate Division
decided:	2018-06-19
status:	published
citation:
Document Size:	115976

3744 STATE OF NEW JERSEY V. JERMAINE WALKER -- rank: 320

... conspiracy, in violation of N.J.S.A. 2C:5-2 and N.J.S.A. 2C:5-1 and N ... N.J. at 291-94; see also State v. Cromedy , 158 N.J. 112 (1999) (cross-racial identifications).     There are significant ... 181 , 185-86 (1998); State v. Martin , 119 N.J. 2 , 15-17 (1990); State v. Federico , 103 N.J. 169 ... are satisfied that it did not constitute plain error. R. 2:10-2; see State v. Salaam , 225 N.J. Super. 66 , 69 ... 326 , 329-30 (App. Div. 1984); cf. State v. White , 158 N.J. 230 , ___ (1999) (slip op. at 27-28).      ...

docket:	a2465-96
court:	njappellate
decided:	1999-06-30
status:	published
citation:	322 N.J.Super. 535
Document Size:	51353

3745 ZYMES, LLC v. BENJAMIN D. MAMOLA -- rank: 320

... attorneys; Mr. Duckstein, of counsel and on the brief). John L. Van Horne, III argued the cause for respondents (Reeve & Van ... seriously deteriorating," and the other directly from Albermarle's counsel, 2 demanding payment on an $1,000,000 plus account receivable ... U.S. 79 , 83, 123 S. Ct. 588 , 591, 154 L. Ed.2d 491 , 496 (2002)). Review of questions of law, "including ... AB v. Mirror Image Internet, Inc. , 817 A.2d 149 , 158 (Del. 2002); Sonitrol Holding Co. v. Marceau Investments , 607 A ... language. See also Carder v. Carl M. Freeman Cmtys., LLC , 2 009 Del. Ch. LEXIS 2 at *15 (Del. Ch. ...

docket:	a3527-09
court:	superior court appellate division
decided:	2011-01-26
status:	unpublished
citation:
Document Size:	38945

3746 STATE OF NEW JERSEY v. JAALIL S. SPRUIEL -- rank: 320

... does not challenge his sentence on appeal. A-2232-17T2 2 two persons, Antoinette Brown, a/k/a 'Sweets' and a ... we shall refer to by the fictitious initials, 'C.C.' 2 A. Brighton's Death and Initial Testimony On July 16 ... rival gang, was sitting on the passenger rear side and 2 We use fictitious initials for this other eyewitness because he ... 2232-17T2 13 We adhere to the same standard. R. 2:10-1 ('The trial court's ruling on such a ... broadly as possible.' Sponsor's Statement to S. 367 5 (L. 2008, c. 81) (discussing the intent of the 2008 amendments ... a witness or informant to: (1) Testify or inform falsely; (2) Withhold any testimony, information, document or thing . . . . [N.J. ...

docket:	a2232-17
court:	NJ Superior Court Appellate Division
decided:	2019-11-06
status:	Unpublished
citation:
Document Size:	47111

3747 STATE OF NEW JERSEY v. BENJAMIN CAPERS -- rank: 320

... 0385. Joseph E. Krakora, Public Defender, attorney for appellant (Robert L. Sloan, Assistant Deputy Public Defender, of counsel and on the ... Theodore J. Romankow, Union County Prosecutor, attorney for respondent (Meredith L. Balo, Assistant Prosecutor, of counsel and on the brief). Appellant ... degree eluding an officer, N.J.S.A. 2C:29-2(b); and one count of fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a). A jury trial resulted in acquittal on a charge ... Release Act (NERA), N.J.S.A. 2C:43-7.2. The remaining sentences were made to run concurrently. On appeal ... J. Super. 435 , 438-39 (App. Div. 1998), aff'd , 158 N.J. 552 (1999), in which a car chase ...

docket:	a4369-10
court:	NJ Superior Court Appellate Division
decided:	2013-04-19
status:	unpublished
citation:
Document Size:	30970

3748 JERSEY CENTRAL POWER & LIGHT COMPANY v. HAROLD A. PONTECORVO -- rank: 320

... PONTECORVO and HAPCO FENCE CONTRACTORS, INC., Defendants-Respondents. _______________________________ Argued March 2, 2017 - Decided June 9, 2017 Before Judges Lihotz and Hoffman ... Court of New Jersey, Law Division, Monmouth County, Docket No. L-3553-11. Mark B. Watson argued the cause for appellant ... 768.67, broken down as $19,239.62 for labor; $2,057.18 for equipment use; $2,693.59 for materials and miscellaneous costs; and $778.28 ... a motion for judgment notwithstanding the verdict, R. 4:40-2, guided by "the same standard that governs the trial courts ... party opposing the motion." Dolson v. Anastasia , 55 N.J. 2 , 5-6 (1969). Plaintiff's burden to prove negligence ...

docket:	a5620-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-02
status:	unpublished
citation:
Document Size:	36051

3749 ILANA PERETZ, v. RUDRANI K. BELNEKAR, M.D -- rank: 320

... Court of New Jersey, Law Division, Middlesex County, Docket No. L-0144-15. David A. Mazie argued the cause for appellants ... names for clarity and collectively as 'plaintiffs.' A-4953-17T1 2 motion for new trial. 2 In their cross-appeal, defendants contend the trial court erred ... After having dinner at home with his parents and brother, 2 Ilana and Meir are Aviv's guardians ad litem and ... 3, 2014 when he arrived' in the emergency department; and 2) their communications with Belnekar about the dosage of epinephrine, or ... sufficient limiting instructions as required by Ostrowski v. Azzara'15; 2) in allowing 'the issues of proximate cause and damages [ ...

docket:	a4953-17
court:	NJ Superior Court Appellate Division
decided:	2020-05-15
status:	Unpublished
citation:
Document Size:	96993

3750 STANLEY J. SUSSMAN et al. v. ROBERT WAYNE MERMER et al. -- rank: 317

... 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