Search Rutgers Law Library N.J. Court Opinions

1861 BROOKSHIRE EQUITIES, LLC v. MARCELO MONTAQUIZA, et al. -- rank: 437

... a mortgage foreclosure action and subsequently sold at a sheriff's sale. The second appeal by the appellants is from the ... the principal amount owed at $385,986.79. A sheriff's sale was ordered to be held on June 9, 1999 ... sale finally took place on July 7, 1999, with Brookshire's bid of $511,000 making it the successful bidder.     On ... 2000, the bankruptcy court vacated the automatic stay in Simon's action. The order was not served on Simon's attorney until May 26, 2000. In April, 2000, Marcelo refinanced ... either within ten days from the date of the sheriff's sale or until a court confirmed the sheriff's ...

docket:	a3373-00
court:	njappellate
decided:	2002-01-04
status:	published
citation:	*CITE_PENDING*
Document Size:	21597

1862 /usr/local/share/www/libweb/collections/courts/appellate/a3535-18.opn.html -- rank: 437

... while on his third or fourth repetition. Plaintiff recounted, '[A]s soon as the handle came apart[,] 1 The record indicates ... in the middle of the set it failed, and that's what caused the problem. Plaintiff's medical expert opined that the sudden failure of the handle ... also took a picture of the broken handle. During Tubach's deposition, the following colloquy occurred: Q: Have you ever witnessed ... gym where members typically used them. A month after plaintiff's accident, a similar handle came loose; however, Tubach maintained he ... the handles at issue causing any problem prior to plaintiff's injury. After the second handle came loose, NYSC removed ...

docket:
court:
decided:
status:
citation:
Document Size:	27922

1863 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.H. -- rank: 437

... PER CURIAM Defendant D.H. appeals from the trial judge's January 26, 2007, order terminating her parental rights and awarding ... the Division of Youth and Family Services (D.Y.F.S.) guardianship, care, custody and control of C.D., her five ... N.J. 257 (2007) . We will not " disturb the judge's fi ndings of fact unless they are ' so manifestly unsupported ... entitled to deferential consideration upon appellate review. " R.L. , supra , 388 N.J. Super at 89. This is particularly true in ... and the basic "rights to conceive and to raise one's children," Stanley v. Illinois , 405 U.S. 645 , 651, 92 S. Ct. 1208 , 1212, 31 ...

docket:	A3802-06
court:	NJ Superior Court Appellate Division
decided:	2008-01-14
status:	unpublished
citation:
Document Size:	41592

1864 ROBIN THOMAS v. STATE OF NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 437

... Assistant Attorney General, of counsel and on the brief; Daniel S. Shehata, Deputy Attorney General, on the brief). PER CURIAM Plaintiff ... Jersey Department of Corrections (DOC) summary judgment and dismissing Thomas's claims alleging violations of the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -50. I. We view the ... based upon supporting documentation from her physician. At the DOC's request, Thomas attended a medical examination with Shari Diamond, D ... O. Dr. Diamond confirmed that direct cold air affected Thomas's condition and sitting near an operating air conditioning unit was ... the Colpitts Trailer (Colpitts). As a secretarial support employee, Thomas's work required interaction with her co-workers and using ...

docket:	a0731-22
court:	NJ Superior Court Appellate Division
decided:	2024-02-15
status:	Unpublished
citation:
Document Size:	24127

1865 JOHN J. PJETERNIKAJ, SR v. BETTY M. PETERS -- rank: 437

... unit. On appeal, defendants seek to reverse the trial court's order and vacate the arbitration award, contending errors in the ... award was procured by 'other undue means.' See N.J.S.A. 2A:23B-23(a)(1). Therefore, we vacate the arbitration award and reverse the trial court's order confirming it. Pjeternikaj was a principal officer of High ... sole member, owned a unit which was leased to Saliba's wife and operated as a dental practice – Crown Dental ... an office for Peters Chemical Company. Defendant Michele Peters, Betty's daughter, was the sole member of 210 Charleston LLC which ... directors of Prospect Plaza (Board), which consisted entirely of Pjeternikaj's family members, passed a 'special assessment' to finance repairs ...

docket:	a4515-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-03
status:	Unpublished
citation:
Document Size:	32256

1866 STATE OF NEW JERSEY v. THOMAS REED -- rank: 437

... second-degree robbery, an attempted theft by threat, N.J.S.A. 2C:15-1(a)(1), third-degree possession of drugs, N.J.S.A. 2C:35-10(a)(1), second-degree witness tampering, N.J.S.A. 2C:28-5(d), and the disorderly persons offense of hindering apprehension, N.J.S.A. 2C:29-3(b)(1). On May 12, 2017 ... pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2.1 He received concurrent terms ... in the restaurant who later attempted to steal the victim's wallet when he was walking home with his food. ...

docket:	a5048-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-15
status:	Unpublished
citation:
Document Size:	15738

1867 STATE OF NEW JERSEY v. SANTOS L. VARGAS -- rank: 437

... convicted by a jury of second-degree robbery, N.J.S.A. 2C:15-1, and was sentenced to a discretionary ... subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. We affirm defendant's conviction. However, we remand for resentencing. The State's principal trial evidence consisted of testimony from the victim, identifying ... testimony from an eyewitness, Mr. Anagbo, who heard the victim's screams and then saw defendant walking away from the victim ... security camera, which recorded the robbery as it occurred. Defendant's appeal of his conviction is limited to the denial ...

docket:	a4081-15
court:	NJ Superior Court Appellate Division
decided:	2017-09-26
status:	unpublished
citation:
Document Size:	20442

1868 STATE OF NEW JERSEY v. TAQUAN D. FLOYD -- rank: 437

... Floyd were waived from the Family Part, see N.J.S.A. 2A:4A-26.1, and the grand jury charged ... 25, 2013 (counts four through eight). The judge denied defendant's motion to sever counts one through three, and the jury convicted defendant on all counts. After denying defendant's motion for acquittal notwithstanding the verdict or alternatively for two ... ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant raises the following points ... REASONABLE DOUBT. (NOT RAISED BELOW) POINT II THE TRIAL COURT'S REFUSAL TO GRANT RELIEF FROM THE PREJUDICIAL JOINDER OF THE TWO ROBBERIES VIOLATED DEFENDANT'S CONSTITUTIONAL RIGHTS TO DUE PROCESS AND A FAIR TRIAL. ...

docket:	a1646-15
court:	NJ Superior Court Appellate Division
decided:	2018-04-12
status:	unpublished
citation:
Document Size:	59941

1869 STATE OF NEW JERSEY v. HORACIO PALAEZ -- rank: 437

... evidence that racial prejudice played any role in the jury's deliberations. Defendant was sentenced to five years in prison, with ... pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. This appeal followed. A brief ... Mangrella and his girlfriend, Melissa DeFina were returning to Mangrella's home following a birthday celebration when they were accosted by ... DaSilma, as the first man got up, he took DaSilma's backpack or duffel bag and ran. The second man followed ... men coming out of rear yards over a fence. DaSilma's duffle bag or backpack was in the possession of one ... he picked up the jersey that had been on Mangrella's shoulder and ran away. Defendant testified that he and ...

docket:	a4386-07
court:	superior court appellate division
decided:	2010-05-13
status:	unpublished
citation:
Document Size:	38888

1870 STATE OF NEW JERSEY v. JOSE PEREZ -- rank: 437

... grand jury indicted defendant for first-degree robbery, N.J.S.A. 2C:15-1 (count one); third-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b) (count two); and second-degree possession of a handgun for unlawful purposes, N.J.S.A. 2C:39-4(a). The matter proceeded to trial following Judge Martin G. Cronin's denial of defendant's Wade 1 motion to suppress the out-of-court and ... photographic identifications of defendant. During trial, the judge granted defendant's motion to bar the State's use of fingerprint ...

docket:	a2708-13
court:	NJ Superior Court Appellate Division
decided:	2016-02-17
status:	unpublished
citation:
Document Size:	11987

1871 BILLY DEAN MAYFIELD et al. v. COMMUNITY MEDICAL ASSOCIATES, P.A., et al. -- rank: 434

... and application of the affidavit of merit statute, N.J.S.A . 2A:53A-27. It arises in the context of ... of merit timely filed but not served, and an expert's report timely served but not sworn.     Plaintiffs' complaint was filed on April 14, 1999. It alleges that Billy Dean Mayfield was a patient ... was filed July 28, 1999. Plaintiffs' counsel provided an expert's report to defense counsel on September 24, 1999. The report ... Henry D. Berkowitz, M.D., and is addressed to plaintiff's counsel. It states:         At your request I am responding to ... placed on long-term anticoagulation with Coumadin. Apparently Mr. Mayfield's prescription for Coumadin expired and when he called his ...

docket:	a5711-99
court:	njappellate
decided:	2000-11-28
status:	published
citation:	335 N.J.Super. 198
Document Size:	36222

1872 THE BANK OF NEW YORK MELLON v. MICHAEL T. BROWN -- rank: 434

... answer to the amended complaint on September 7, 2018. Defendant's answer 'flatly denie[d] the allegations of the complaint and ... challenge to the truth of the allegations leveled in [plaintiff's] complaint.' He also raised seventeen affirmative defenses. Among those affirmative defenses, defendant A-0842-19 3 contested plaintiff's standing and claimed that the Bank did not have evidence of defendant's September 2017 default. Defendant also invoked the doctrine of unclean ... answer. Defendant did not respond to any of the Bank's discovery demands. On January 14, 2019, the Bank filed a motion to strike defendant' ...

docket:	a0842-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-26
status:	Unpublished
citation:
Document Size:	20579

1873 STATE OF NEW JERSEY v. CHRISTIAN DELOACH -- rank: 434

... v. CHRISTIAN DELOACH, Defendant-Appellant. ___________________________________________________________ April 18, 2012 Submitted December 14, 2011 - Decided Before Judges Fuentes, Graves and Koblitz. On appeal ... pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant appealed his conviction and ... In an unpublished opinion, 1 we affirmed all of defendant's convictions except for a single count of carjacking. Because defendant ... the carjacking sentence but imposed the same sentence on defendant's other convictions, resulting in a fifty-year term of imprisonment ... App. Div. June 28, 2007). The Supreme Court denied defendant's petition for certification. State v. Deloach , 192 N.J. 595 ... also presented a certification from his mother. She stated defendant's attorney "was more than just unprepared in dealing with ...

docket:	a0891-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-18
status:	unpublished
citation:
Document Size:	18786

1874 STATE OF NEW JERSEY v. CHRISTOPH1 G. ORSINI -- rank: 434

... Suarez, Hudson County 1 The judgment of conviction lists defendant's first name as 'Christoph' but the parties' appellate briefs identify ... involved separate charges that arose from defendant Christoph G. Orsini's encounter with the victim while reaching into her parked car ... the charges be tried together. We did so because defendant's use of the stolen car to flee from the scene ... the lesser included offense of third-degree theft, N.J.S.A. 2C:20-3(a), with respect to his efforts to steal the purse from the victim's car. As for the other allegations, the jurors acquitted defendant ... instead of third-degree receipt of stolen property, N.J.S.A. 2C:20- 7(a). A-0239-20 2 ...

docket:	a0239-20
court:	NJ Superior Court Appellate Division
decided:	2022-05-06
status:	Unpublished
citation:
Document Size:	30977

1875 STATE OF NEW JERSEY v. ALIMEAN TURAY -- rank: 434

... guilty of second-degree robbery, in violation of N.J.S.A. 2C:15-1. The trial court sentenced defendant as ... mandated by the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. On appeal, we affirmed defendant's conviction in an unreported opinion, but remanded for resentencing in ... 4615-05 (March 6, 2008). The Supreme Court denied defendant's petition for certification. 196 N.J. 344 (2008). On remand ... him. After briefing and oral argument, Judge Kenny denied defendant's petition by an oral opinion delivered on July 30, 2009 ... EVIDENTIARY HEARING, AND ITS RULING SHOULD BE REVERSED. A. Defendant's Counsel's Failure to Move For Either a N. ...

docket:	a2811-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-12
status:	unpublished
citation:
Document Size:	11450