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4201 DEBORAH & TOM TINDAL VS JOHN SMITH, ET AL -- rank: 272

... attorneys for respondent John         Smith (Christopher J. Christie and Gary L.         Riveles, on the brief).     The opinion of the court was ... the surgery. The jury also concluded defendants had not "deviat[ed] from accepted standards of medical practice." As we understand the ... and had previously seen a doctor for treatment. See footnote 2 She also told Smith that she possibly had Raynaud's ... was a viable alternative. However, he testified that he "offer[ed]" that plaintiff be evaluated by a vascular surgeon, but that ... could have treated the Reynords [ sic ]" and "[n]ot rush[ed] to surgery," and that smoking does not cause RSD. The ... contributing factor to the plaintiff's ultimate injury, (interrogatory No. 2, Pa 158) it was unlikely they would find any ...

docket:	a5426-94
court:	njappellate
decided:	1997-03-26
status:	published
citation:	299 N.J.Super. 123
Document Size:	38304

4202 D.B. v. NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES -- rank: 272

... a/k/a J.M.C.," was born prematurely, weighing 2.5 pounds at birth, on March 21, 2007, and was ... matter of right was inapplicable, and that Rule 4:33-2, as to permissive intervention was inapplicable as well where there ... U.S. 565 , 579, 95 S. Ct. 729 , 737, 42 L. Ed.2d 725 , 737 (1975)). We consider the following in determining ... an opportunity to respond. W.S. Frey Co. v. Heath , 158 N.J. 321 , 325 (1999) (quoting Mariash v. Morrill , 496 ... 490 (1978), superseded by statute , N.J.S.A. 9:2-7.1, as recognized by New Jersey Division of ...

docket:	a0869-09
court:	New Jersey Superior Court Appellate Division
decided:	2010-05-26
status:	unpublished
citation:
Document Size:	34585

4203 D.B. v. NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES -- rank: 272

... a/k/a J.M.C.," was born prematurely, weighing 2.5 pounds at birth, on March 21, 2007, and was ... matter of right was inapplicable, and that Rule 4:33-2, as to permissive intervention was inapplicable as well where there ... U.S. 565 , 579, 95 S. Ct. 729 , 737, 42 L. Ed.2d 725 , 737 (1975)). We consider the following in determining ... an opportunity to respond. W.S. Frey Co. v. Heath , 158 N.J. 321 , 325 (1999) (quoting Mariash v. Morrill , 496 ... 490 (1978), superseded by statute , N.J.S.A. 9:2-7.1, as recognized by New Jersey Division of ...

docket:	a4499-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-05-26
status:	Published
citation:
Document Size:	32234

4204 CUSTOMIZED DISTRIBUTION SERVICES v. ZURICH INSURANCE COMPANY et al. -- rank: 272

... the Superior Court of New Jersey, Law Division, Camden County, L-1747-01. Kenneth R. Rothschild argued the cause for appellant ... in the WL policy, which read as follows: B.    EXCLUSIONS . . . .     2.    We will not pay for a "loss" caused by or ... gradual deterioration" exclusion, and instead was relying on section (B)(2)(a), which excludes loss resulting from a "delay, loss of ... the court found that the exclusion provision under section (B)(2)(a) applied because there was "a substantial loss of use ... expectations of coverage." Id . at 274 (citing Gibson v. Callaghan , 158 N.J 662 , 669-71 (1999)). Therefore, the court should ... to the ground or be reduced to flattened rubble; or 2) that the building manifest substantial structural impairment, but has ...

docket:	A1586-03
court:	NJ Superior Court Appellate Division
decided:	2004-12-16
status:	published
citation:	373 N.J. Super. 480 862 A.2d 560
Document Size:	30665

4205 STATE OF NEW JERSEY v. PIERSON PIERRE -- rank: 269

... 2006 - Decided June 27, 2006 Before Judges Collester and S.L. Reisner. On appeal from Superior Court of New Jersey, Law ... opportunity to seek relief under R. 3:22-1 to -2. Defendant next claims reversible error in the failure of the ... State v. Macon , 57 N.J. 325 , 336 (1971); R. 2:10-2. The record does not indicate that the juror was asleep ... deprives the defendant of a fair trial. State v. Frost , 158 N.J. 76 , 83 (1999); State v. Loftin , 146 N ... State v. Kirk , 145 N.J. 159 , 169-70 (1996); L a gares , supra , 127 N.J. at 33. Defendant ...

docket:	A1050-04
court:	NJ Superior Court Appellate Division
decided:	2006-06-27
status:	unpublished
citation:
Document Size:	34163

4206 LAURA CAMPBELL v. BRIAN CAMPBELL -- rank: 269

... LAURA CAMPBELL, Plaintiff-Respondent, v. BRIAN CAMPBELL, Defendant-Appellant. July 2, 2015 Submitted April 22, 2015 – Decided Before Judges Alvarez ... 12. Drazin and Warshaw, P.C., attorneys for appellant (Vincent L. Stripto, on the brief). Paras, Apy & Reiss, P.C., attorneys ... agreement, and that, if necessary, the MOU could be "tweak[ed] a little bit for the best interest[s] of the ... determinations "are not entitled to any special deference." Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... in matrimonial matters." (internal quotation marks omitted)); Konzelman v. Konzelman , 158 N.J. 185 , 193 (1999) ("New Jersey has long espoused ... of consensual agreements to resolve marital controversies."); O.P. v. L.G P. , 440 N.J. Super. 146 , 156 (App. ...

docket:	a3113-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-02
status:	unpublished
citation:
Document Size:	21492

4207 STATE OF NEW JERSEY v. RONALD WORTHY -- rank: 269

... jury, including a cross-racial component. See State v. Cromedy , 158 N.J. 112 , 130-33 (1999). The charge in Indictment ... n.26, 104 S. Ct. 2039 , 2047 n.26, 80 L. Ed.2d 657 , 668 n.26 (1984). Neither prong is satisfied ... Wade , 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 (1967). Strickland v. Washington , 466 U.S. 668 , 686, 104 S. Ct. 2052 , 2064, 80 L. Ed. 2 d 674, 692-93 (1984); State v. ...

docket:	a4367-05
court:	njappellate
decided:	2007-04-30
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	26693

4208 HERBERT H. SHAW v. NEWARK PUBLIC LIBRARY -- rank: 269

... Court of New Jersey, Law Division, Essex County, Docket No. L-7604-06. Herbert J. Tan, L.L.C., attorneys for appellant (Mr. Tan, on the brief). James ... to judgment as a matter of law. R. 4:46-2(c). Plaintiff began his employment at the Library in 1989 ... of a continuing violation. Green v. Jersey City Bd. of Ed uc. , 177 N.J. 434 , 447-48 (2003). However, plaintiff ... reasons unrelated to the complaint." Higgins v. Pascak Valley Hosp. , 158 N.J. 404 , 424 (1999). III We next address ...

docket:	a2743-08
court:	superior court appellate division
decided:	2010-07-16
status:	unpublished
citation:
Document Size:	33438

4209 ANTONIO PEREIRA v. OASIS FOODS -- rank: 269

... LLC, attorneys for appellant (Jamison M. Mark, of counsel; Jennifer L. Casazza, on the brief). Law Office of Ann Debellis, attorneys ... 2014, he sustained an "occupational hernia" as a result of "[l]oading, lifting, [and] unloading merchandise." In its answer, Oasis denied ... to her that he fell in 2011 and afterwards "notic[ed] a bulge over his abdomen when he contracts his abdominals ... page written decision that she later amplified in writing. R. 2:5-1(b). Based on her evaluation of the parties ... J. 244 , 262 (2003) (first quoting Earl v. Johnson & Johnson , 158 N.J. 155 , 161 (1999); then quoting Close v. Kordulak ... J. Super. 542 , 548 (App. Div. 2009) (citing Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. ...

docket:	a0405-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-13
status:	unpublished
citation:
Document Size:	28619

4210 STATE OF NEW JERSEY v. FRANKLIN KINCEY -- rank: 269

... denied , 488 U.S. 1017 , 109 S. Ct. 813 , 102 L. Ed.2d 803 (1989)). Or, as stated by the Court in ... other evidence that proves the same point. State v. Smith , 158 N.J. 376 , 391 (1999), Covell , supra , 157 N.J ... S. 78 , 83-84, 90 S. Ct. 1896 , 1897, 26 L. Ed.2d 446 , 451 (1970).] See also State v. Angeleri , 51 ... denied , 393 U.S. 951 , 89 S. Ct. 372 , 21 L. Ed.2d 362 (1968). Nonetheless, we are mindful of ...

docket:	a3205-09
court:	superior court appellate division
decided:	2010-07-09
status:	unpublished
citation:
Document Size:	53691

4211 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 THE DRS GROUP, TRACY A. MAR -- rank: 269

... Court of New Jersey, Law Division, Union County, Docket No. L-2681-15. Maeve E. Cannon argued the cause for appellant ... on the briefs; Wade D. Koenecke, on the briefs). Rosalba L. Comas, First Deputy County Counsel, argued the cause for respondent ... County's resolution authorizing the contract award. This appeal followed. 2 II. Plaintiff's challenge to the contract award was founded ... N.J. Super. 166 , 173 (App. Div.) (citing Manalapan Realty L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... policies expressed or implied in [the Local Public Contract Law]; (2) whether the evidence in the record substantially supports the findings ... for information and supplied an explanation why the County "need[ed] more time." Defendant's counsel authored the June 12, ...

docket:	a3209-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-03
status:	unpublished
citation:
Document Size:	38025

4212 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. PALERMO'S THRIFTWAY MARKET et al. -- rank: 269

... for respondent (Patrick DeAlmeida, Assistant Attorney General, of counsel; Kevin L. Uniglicht, Deputy Attorney General, on the brief). PER CURIAM After ... entered and contamination was discharged. In a letter dated February 2, 2000, JCP was advised by the Department that it had ... the discharge of hazardous substances, including but not limited to #2 fuel oil[.] Pursuant to the Spill Compensation and Control Act ... to those that we addressed in Dep't of Envt l. Prot. v. Marisol, Inc. , 367 N.J. Super. 614 (App ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). And we "must defer to an ...

docket:	a5560-05
court:	njappellate
decided:	2007-02-06
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	35653

4213 CHARLES & BARBARA DAGRACA VS EARL LAING, M.D. & KEVIN BELL, M.D. -- rank: 269

... the telephone, without the benefit of an office visit; and (2) the verdict in favor of Dr. Bell was against the ... denied , 383 U.S. 946 , 86 S. Ct. 1204 , 16 L. Ed.2d 209 (1966); Jones v. Bloom , 388 Mich. 98 , 118 ... 200 N.W.2d 196 , 206 (1972); Iverson v. Lancaster , 158 N.W.2d 507 , 517-18 (N.D. 1968); Dabroe ... U.S. 269 , 275, 70 S. Ct. 110 , 113, 94 L. Ed. 63 , 70 (1949)).      N.J.R.E. 803 enumerates ...

docket:	a3971-94
court:	njappellate
decided:	1996-03-14
status:	published
citation:	288 N.J.Super. 292
Document Size:	28949

4214 STATE OF NEW JERSEY v. DAVID E. JACKSON -- rank: 269

... of a plea bargain, the third Slater factor. Id. at 158. Lastly, the judge found that permitting withdrawal of the plea ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984), and adopted by our Supreme Court ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693). Second, a defendant must prove that he ... at 691-92, 104 S. Ct. at 2066-67, 80 L. Ed. 2d at 696. Defendant must show by a " ...

docket:	a3287-11
court:	NJ Superior Court Appellate Division
decided:	2013-11-27
status:	unpublished
citation:
Document Size:	19238

4215 STATE OF NEW JERSEY v. CHRISTOPHER JONES -- rank: 269

... U.S. 204 , 205, 101 S. Ct. 1642 , 1644, 68 L. Ed.2d 38 , 41 (1981) and State v. Miller , 342 N ... 668 , 687, 694, 104 S. Ct. 2052 , 2064, 2068, 80 L. Ed.2d 674 , 693, 698 (1984), adopted by our Supreme Court ... by the Sixth Amendment to the United States Constitution, and (2) the defect in performance prejudiced the defendant's rights to ... U.S. 38 , 42, 96 S. Ct. 2406 , 2409, 49 L. Ed.2d 300 , 305 (1976); State v. Ni k ...

docket:	a0559-07
court:	superior court appellate division
decided:	2009-12-31
status:	unpublished
citation:
Document Size:	29527