Search Rutgers Law Library N.J. Court Opinions

1876 STATE OF NEW JERSEY v. KENNETH JAMES -- rank: 434

... PER CURIAM Defendant Kenneth James appeals from the trial court's order denying his motion to suppress evidence – drugs and ... THAT MARIJUANA, OR ANY CONTRABAND, WOULD BE FOUND IN DEFENDANT'S HOME THE SEARCH OF DEFENDANT'S HOME WAS UNCONSTITUTIONAL, AND THE EVIDENCE SEIZED MUST BE SUPPRESSED. 1 Contrary to defendant's argument, the search warrant connected defendant's sale of marijuana to his home. Accordingly, we affirm. Our ... otherwise unreasonable.' State v. Watts, 223 N.J. 503, 513-14 (2015). Reviewing courts 'accord substantial deference to the discretionary ...

docket:	a0783-17
court:	NJ Superior Court Appellate Division
decided:	2019-03-19
status:	Unpublished
citation:
Document Size:	10714

1877 STATE OF NEW JERSEY v. JOHN McLEOD, III -- rank: 434

... arrest. Ambroselli , supra , 356 N.J. Super. at 384-85, 388. Even if the arrest is illegal, resisting it will nevertheless ... State proved all the requisite elements of the disorderly person's offense of resisting arrest. Defendant clearly knew he was under ... and the officers employed no unlawful force in effectuating defendant's arrest. Instead, defendant used force in opposing an arrest he ... body became rigid and "tensed up," requiring a second officer's assistance to physically place him in the police vehicle and ... proofs established all the composite elements of the disorderly person's offense of resisting arrest. We are equally satisfied that the ... who must balance concerns over administrative disruption with a defendant's legitimate ability to present a viable defense. Ibid. ; see ...

docket:	a4062-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-20
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Document Size:	19979

1878 ISRAEL VASQUEZ v. DEPARTMENT OF CORRECTIONS -- rank: 434

... record. On September 13, 2007, while housed at EJSP, Vasquez's cell was searched by Senior Investigator Holtslander and Senior Investigator ... weapon were discovered in hollowed out legal briefs in Vasquez's cell. On September 14, 2007, based upon the above, Vasquez was charged with three ... case. I have been charge free for two years. Vasquez's counsel substitute requested leniency on Vasquez's behalf. The hearing officer relied upon the disciplinary reports, investigation ... He noted that he did not rely solely on Vasquez's guilty plea, but that he also relied on the ...

docket:	a5635-07
court:
decided:	2009-05-19
status:	Unpublished
citation:
Document Size:	28999

1879 STATE OF NEW JERSEY v. M.D. -- rank: 434

... CURIAM A jury found defendant guilty of lewdness, N.J.S.A. 2C:14-4, a disorderly persons offense (Count One); 1 and third degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (Count Two). After merging Count ... and her fiancé, Angel. 2 Defendant M.DV. is Angel's adult brother, who visited the family often. At that time ... uncle. She worried that the experience might influence R.B.'s sexual orientation. She confided this concern to defendant during a ... defendant was openly homosexual. She told defendant about her son's sexual assault and asked about the consequences. I.G. ...

docket:	a3888-07
court:	superior court appellate division
decided:	2011-02-10
status:	Unpublished
citation:
Document Size:	32004

1880 AVALON BAY COMMUNITIES, INC v. TOWNSHIP OF SOUTH BRUNSWICK ZONING BOARD OF ADJUSTMENT -- rank: 434

... a judgment reversing its resolution denying plaintiff AvalonBay Communities, Inc.'s application for a use variance. We reverse. I Plaintiff is ... submitted an application to the Board pursuant to N.J.S.A. 40:55D-70(d)(1) seeking a variance from ... 1 After two days of hearings, the Board denied plaintiff's application, and subsequently issued a resolution memorializing its findings. We ... the pertinent evidence relevant to the issues on appeal. Plaintiff's real estate expert, Jeffrey Otteau, testified the demand for age ... in 2015, there were 400 fewer students in the township's schools than there had been in 2011. Therefore, according to ... With the exception of the affordable housing units in plaintiff's proposed use, which would comprise twenty-nine of the ...

docket:	a2655-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-02
status:
citation:
Document Size:	31155

1881 /usr/local/share/www/libweb/collections/courts/appellate/a0340-20.opn.html -- rank: 431

... times, with each assignment recorded in the Union County Clerk's Office. On September 15, 2010 MERS assigned the mortgage to ... final judgment. Defendants did not oppose the motion. On November 14, 2019, final judgment was entered against defendants. In January 2020, Athene served the notice of the Sheriff's sale on defendants by certified and regular mail. A-0340 ... MUST DECIDE WHETHER [THE] TRIAL [COURT] ERRED OR THE COURT'S DETERMINATION WAS AN ABUSE OF DISCRETION[] IN DENYING DEFENDANT[S'] RIGHTS UPON [HER] MOTION TO VACATE A JUDGMENT SEEKING RELIEF PURSUANT TO RULE 4:50-1(f), WHERE DEFENDANT['S] WRITTEN ARGUMENTS PRESENTED FACT[S] OF RECORD TO JUSTIFY ...

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Document Size:	18168

1882 DOLORES FRANCHINO v. LYNDHURST RESIDENTIAL COMMUNITIES TWO, LLC. -- rank: 431

... the parties in support of, and in opposition to, plaintiff's summary judgment motion, viewed in a light most favorable to ... which the Township had constructive notice, and that the Township's inaction was palpably unreasonable. In addition, plaintiff asserts that she ... J. at 533 (quoting Anderson v. Liberty Lobby, Inc. , 477 U.S. 242 , 251-52, 106 S. Ct. 2505 , 2512, 91 L. Ed.2d 202 , 214 (1986 ... there was none, we will decide whether the trial court's ruling on the law was correct. Atl. Mut. Ins. ...

docket:	a5438-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-10
status:	unpublished
citation:
Document Size:	20780

1883 HSBC BANK USA v. LAMIAA GOUDA -- rank: 431

... Mohammed Shaikh, husband and wife, appeal from the Chancery Division’s entry of summary judgment and then final judgment in favor ... months of the closing. Following argument, the court granted HSBC's motion for summary judgment, striking defendants’ answer, and entered default ... proceedings and entry of final judgment. Following submission of HSBC’s proofs, the court entered final judgment in favor of HSBC, entitling plaintiff to the sum of $447,215.14, together with interest and $4,622.15 in attorney’s fees. The court also issued a Writ of Execution, directing ... Logan Avenue property to satisfy the mortgage debt. The Sheriff's sale was stayed pending appeal. On appeal, defendants present ...

docket:	a1983-09
court:	superior court appellate division
decided:	2010-12-17
status:	unpublished
citation:
Document Size:	26881

1884 ESTATE OF ANTHONY TERMINELLI VS POLICE & FIREMEN'S RETIREMENT SYSTEM (BOARD OF TRUSTEES POLICE & FIREMEN'S RETIREMENT SYSTEM) (2 PART) -- rank: 431

... 94T1 ESTATE OF ANTHONY TERMINELLI,     Petitioner-Appellant, v. POLICE & FIREMEN'S RETIREMENT SYSTEM, DIVISION OF PENSIONS,     Respondent-Respondent. ___________________________________________________________________         Argued February 28, 1996 - Decided May 14, 1996         Before Judges Landau, Kleiner and Humphreys.         On appeal from Board of Trustees Police and Firemen's Retirement System.         Leon B. Savetsky argued the cause for appellant ... Chief Terminelli was a member of the Police and Fireman's Retirement System (PFRS). His estate applied for accidental death benefits ... According to the same witness and Mrs. Terminelli, the Chief's capacity, vigor, and disposition appeared to have deteriorated from that ... Law Judge considered the expert opinion testimony of the Estate's witness, Dr. Bernard Eisenstein, who concluded that Chief Terminelli' ...

docket:	a5780-94
court:	njappellate
decided:	1996-05-14
status:	published
citation:	290 N.J.Super. 231
Document Size:	24943

1885 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC v. WANDA L. POWELL -- rank: 428

... 82 in counsel fees from the proceeds of the sheriff's sale of the mortgaged premises. We affirm. The material facts ... a complaint seeking to foreclose the first mortgage on defendant's residence pursuant to the Fair Foreclosure Act, N.J.S.A. 2A:50-53 to -68. After efforts to personally ... March 10, 2006, and filed a contesting answer denying plaintiff's allegations; asserting affirmative defenses of lack of subject matter jurisdiction ... Fair Foreclosure Act, and collateral estoppel; demanding dismissal of plaintiff's complaint; and requesting counsel fees. The Chancery Division judge, by order of June 5, 2006, denied defendant's motion to dismiss and granted plaintiff summary judgment, striking ...

docket:	a2372-06
court:	NJ Superior Court Appellate Division
decided:	2007-11-15
status:	published
citation:
Document Size:	49202

1886 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. L.M.E. -- rank: 428

... New Jersey, Chancery Division, Family Part, Sussex County, FG-19-14-09. Yvonne Smith Segars, Public Defender, attorney for appellant (Anthony ... affirm, substantially for the reasons set forth in Judge Farber's comprehensive seventy-four page oral opinion issued on September 11 ... this case are set forth at length in Judge Farber's opinion, and need not be repeated here in the same ... M.E. and her paramour (who is not the child's father), in 2006. In this incident, the Division of Youth ... June 2009, the police were called to L.M.E.'s home because she was having a physical altercation with her ... visits with L.M.E. In unrebutted testimony, the State's expert psychologist, Dr. Mark Singer, opined that the child ...

docket:	a0989-09
court:	superior court appellate division
decided:	2010-12-13
status:	unpublished
citation:
Document Size:	22026

1887 /usr/local/share/www/libweb/collections/courts/appellate/a2007-06remand.opn.html -- rank: 428

... v. PNC BANK, N.A., PNC INVESTMENTS and METLIFE INVESTORS U.S.A. INSURANCE CORP., Defendants-Respondents, and GEORGE SEPERO, Defendant. _________________________________________ Submitted ... McCarter & English, L.L.P., attorneys for respondent Metlife Investors U.S.A. Insurance Corp. (B. John Pendleton, Jr., of counsel and ... so, we relied on the rationale of Wein v. Morris , 388 N.J. Super. 640 , 654 (App. Div. 2006), which stated ... that decision that the current Uniform Arbitration Act, N.J.S.A. 2A:23B-28, does not expressly list orders ...

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court:	NJ Superior Court Law/Chancery Division
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1888 CHRISTOPHER MAIER v. TYLER KEGGAN -- rank: 428

... under the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to - 49. Following defendant's deposition, he agreed to voluntarily dismiss the complaint. On July ... later, plaintiffs sued defendant for malicious prosecution. They alleged defendant's LAD claim 'had no reasonable ground of suspicion supported by ... was not a special grievance. The trial court granted defendant's motion, finding the complaint failed to allege a special grievance ... equated this essential proof requirement with the 'interference with one's liberty or property.'' LoBiondo v. Schwartz, 199 N.J. 62 ... defamed him and engaged in malicious prosecution by telling the U.S. Attorney's Office the plaintiff had threatened his ...

docket:	a1191-22
court:	NJ Superior Court Appellate Division
decided:	2024-03-06
status:	Unpublished
citation:
Document Size:	12064

1889 IN THE MATTER OF THE CIVIL COMMITMENT OF F.T. -- rank: 428

... SVP) under the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.18. F.T.'s history of sexually violent behavior dates back to 1983 when ... was twelve years old. F.T. broke into a neighbor's apartment when the girl's mother was out. He entered the girl's room while she was sleeping and began kissing and fondling ... her breasts and vaginal area. F.T. removed the girl's clothing and vaginally raped her. The child also reported ...

docket:	a3825-05
court:	NJ Superior Court Appellate Division
decided:	2009-01-21
status:	unpublished
citation:	199 N.J. 130 970 A.2d 1047
Document Size:	23964

1890 PROGRESSIVE GROUP v. LUZ MIRIAN HURTADO, et al. -- rank: 428

... VELESQUEZ, Defendant-Respondent. 1 __________________________________ Argued May 21, 2007 - Decided June 14, 2007 Before Judges Lintner, S.L. Reisner and Seltzer. On appeal from the Superior Court ... left blank. On June 17, 2002, Lina Saray Velesquez, Gilma's other daughter, was driving the Honda, purportedly with permission, when ... the automatic termination provision of the policy. Progressive challenges Lina's assertions that Progressive is estopped from denying coverage and that ... for three weeks after June 1. Progressive maintains that Lina's arguments are not applicable here because the automatic termination provision ... Super. 166 (App. Div. 1967), certif. denied , 51 N.J. 388 (1968). If legal title was effectively transferred, then under ...

docket:	a4362-05
court:	njappellate
decided:	2007-06-14
status:	published
citation:	393 N.J. Super. 517
Document Size:	39263