Search Rutgers Law Library N.J. Court Opinions

3721 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status:	unpublished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

3722 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status:	Unpublished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

3723 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status:	Unpublished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

3724 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

3725 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

3726 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

3727 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

3728 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

3729 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

3730 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

3731 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

3732 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

3733 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

3734 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

3735 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