Search Rutgers Law Library N.J. Court Opinions

1936 JEFFREY MADOLE v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF HOWELL -- rank: 363

... a complaint in lieu of prerogative writs alleging the Board's decision "was arbitrary, capricious and unreasonable." Following a bench trial ... appeal, intervenors Robert Schmidt and Judy Schmidt contend the Board's decision was sound, and the trial court erred by substituting ... for that of the Board. Because we agree the Board's decision should have been sustained, we reverse the order entered ... areas located outside of the centers identified in the Township's Master Plan. The goals include preservation of rural and agricultural ... plaintiffs' proposed use conformed "with the tenor of [the township's] master plan and their zoning ordinance[s]." Stevens described the master plan of the ARE-6 ...

docket:	a4076-06
court:	njappellate
decided:	2008-03-06
status:	published
citation:	*CITE_PENDING*
Document Size:	44853

1937 BARRY ASSOCIATES, LLC v. 300 ALLENHURST, LLC -- rank: 363

... most of its claims and awarded $4229 in damages. Barry's attorney filed an application for counsel fees in the amount ... challenges some of the factual findings contained in the judge's oral decision on counsel fees. Allenhurst argues that the fees ... considering the nature of the case, and that the judge's award of fees was reasonable. An award of counsel fees ... 570). A fee award will be "'justified if [the party's] efforts [were] a necessary and important factor in obtaining th ... N.J. 1 , 11 (2007) (citing Hensley v. Eckerhart , 461 U.S. 424 , 434, 103 S. Ct. 1933 , 1940, 76 L. ...

docket:	a0719-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-23
status:	unpublished
citation:
Document Size:	16118

1938 HOPE WRIGHT v. PRITCHARD INDUSTRIES INC. -- rank: 363

... PRITCHARD INDUSTRIES, INC., and CITY OF ENGLEWOOD, Defendants-Respondents. March 14, 2011 Argued November 29, 2010 - Decided Before Judges Sabatino and ... Goldberg Segalla LLP, attorneys; Ms. Fang, on the brief). Adam S. Weiss argued the cause for respondent, City of Englewood (Methfessel ... facie case under the Tort Claims Act (TCA), N.J.S.A. 59:4-2. The trial judge also concluded plaintiff ... in its maintenance or inspection of the bathroom. Hence PI's motion for summary judgment was also granted. In fact, plaintiff ... maintain and inspect the premises, and that whether the City's conduct was palpably unreasonable and whether it had constructive notice ... 343 N.J. Super. 73 , 87 (App. Div. 2001) (quoting U.S. Pipe & Foundry Co. v. Am. Arbit. Ass'n , ...

docket:	a2812-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-14
status:	unpublished
citation:
Document Size:	26194

1939 STATE OF NEW JERSEY v. EDWIN ORTIZ -- rank: 357

... Defendant-Appellant. ______________________________________________ Argued July 10, 2007 - Decided Before Judges C.S. Fisher and Grall. On appeal from the Superior Court of ... Docket No. A-2262-87T4. The Supreme Court denied defendant's petition for certification on July 10, 1990. 122 N.J ... petition. Docket No. A-0395-91T4. We observed that defendant's claims of ineffective assistance of counsel, which "relat[ed] to ... and the mug shot issue," had been decided on defendant's direct appeal. We also recognized that defendant had made additional ... raised in direct appeal. These claims related to his counsel's: "advice not to testify; failure to properly prepare or obtain ... to fully investigate and obtain records of [a co-defendant's] medical history and to obtain all the plea agreements; [ ...

docket:	a5720-05
court:	njappellate
decided:	2007-07-26
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	25428

1940 STATE OF NEW JERSEY v. JOHN M. GOLDEN -- rank: 336

... M. GOLDEN, Defendant-Appellant. ________________________________ Submitted January 31, 2006 - Decided February 14, 2006 Before Judges Coburn and S.L. Reisner. Appeal from the Superior Court of New Jersey ... her only one photograph, was consistent with the Attorney General's Guidelines for photographic identification. Hence, the defense was able to ... According to Officer Caruso all of these events, including Miller's identification of the photograph, occurred within about ten minutes after the drug transaction. II On this appeal, defendant's sole basis for challenging his March 20, 2003 conviction is ... March 19, 2003. While we find no merit in defendant's contention that his sentence was "manifestly excessive," we remand ...

docket:	a6253-03
court:	njappellate
decided:	2006-02-14
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	23280

1941 ST. JAMES AME DEVELOPMENT CORPORATION v. CITY OF JERSEY CITY -- rank: 330

... passed and there was still no compliance with the City's discovery request, the City moved to dismiss the complaint with ... St. James provided the City with discovery, and St. James's counsel certified that all of the City's discovery demands had been satisfied. St. James cross-moved for ... judge dismissed the complaint with prejudice and denied St. James's application to reinstate the complaint. On appeal, St. James contends ... that the communicating party has a duty to communicate." America's Pride Constr. v. Farry , 175 N.J. 60 , 63-64 ... Inc. , ___, N.J. Super. ___, ___ (App. Div. 2008) (Slip op. at 14). Whether to grant or deny a motion to reinstate ...

docket:	a1029-07
court:	NJ Superior Court Appellate Division
decided:	2008-11-13
status:	published
citation:	403 N.J.Super. 480 959 A.2d 274
Document Size:	35266

1942 HSBC BANK USA NATIONAL ASSOCIATION AS TRUSTEE FOR WELLS FARGO ASSET SECURITIES CORPORATION v. DEBORA A. SCHMIDT -- rank: 315

... FARGO ASSET SECURITIES CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-14, Plaintiff-Respondent, v. DEBORA A. SCHMIDT and JAMES T. SCHMIDT ... Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2007-14. They contend that the Chancery judge erred in entering his ... and claims being invoked are not substantially similar.' At plaintiff's request, two days after the order was filed, default was ... entered against them on August 23, until they received plaintiff's motion. They opposed the motion to enter final judgment, followed ... under Great Falls Bank v. Pardo, 236 N.J. Super. 388, 394 (Ch. Div. 1993), '[t]he only material issues in ... RAISED BELOW) [POINT V] ROBO SIGNING PROBLEMS WITH JOHN KEALY'S SIGNATURES[.] (NOT RAISED BELOW) Initially, we point out that ...

docket:	a3361-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-23
status:	Unpublished
citation:
Document Size:	12807

1943 COURTOF ACCENTIA HEALTHCARE SERVICE INC., and INSTAKARE ACCENTIA HEALTHCARE SYSTEM, INC v. ANIL ABRAHAM and INTERNATIONAL RESOURCES AND ACQUISITION MANAGEMENT INC -- rank: 315

... Arbitration Clause was Permissive Rather than Mandatory. The Trial Court's Decision was Erroneous. II. "[O]rders compelling or denying arbitration ... 205 N.J. 572, 587 (2011). We review the judge's decision to compel arbitration de novo. Frumer v. Nat'l ... 2002)). The Legislature, in adopting the Arbitration Act, N.J.S.A. 2A:23B-1 to -32, has endorsed a similar ... its heart, a creature of contract." Kimm v. Blisset, LLC , 388 N.J. Super. 14 , 25 (App. Div. 2006) (citations omitted), certif. denied , 189 N ... controversy is subject to an agreement to arbitrate." N.J.S.A. 2A:23B-6(b). See also Muhammad v. ...

docket:	a1015-12
court:	New Jersey Superior Court Appellate Division
decided:	2013-08-08
status:	Published
citation:
Document Size:	20263

1944 NATIONSTAR MORTGAGE, L.L.C. v. WILLIAM WEEDO -- rank: 294

... Appellants, and JOSEPH HEIL, Defendant. ____________________________________ March 3, 2017 Argued February 14, 2017 – Decided Before Judges Fasciale and Gilson. On appeal ... asserted violations under the Fair Foreclosure Act (FFA), N.J.S.A. 2A:50-53 to -73; and Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20. In November 2015, the ... vacate default based upon an abuse of discretion standard. Cf. U.S. Bank Nat'l Ass'n v. Guillaume , 209 N.J ... default judgment under Rule 4:50-1." N.J. Mfr.'s Ins. Co. v. Prestige Health Grp. , 406 N.J. ...

docket:	a1986-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-03
status:	unpublished
citation:
Document Size:	20456

1945 MARY JO LAMB v. FLUTURA SAITI -- rank: 285

... New Jersey, Law Division, Bergen County, Docket No. L-0073-14. Rachel L. Baxter, attorney for appellant. Perrucci Law Corporation, attorneys ... wife." Critically, however, plaintiff made no response to Safet Saiti's allegations that he had never met or spoken to plaintiff ... argued the judgment against him should be vacated because plaintiff's complaint against him was without any legal basis. The same ... entered the default judgment in 2014, and denied Flutura Saiti's motion to vacate the default judgment in 2015, likewise denied Safet Saiti's application. In a written statement of reasons accompanying the order ... face to preclude liability against Safet Saiti. The I.O.U. attached to the complaint refers only to Flutura Saiti ...

docket:	a5174-15
court:	NJ Superior Court Appellate Division
decided:	2017-09-22
status:	unpublished
citation:
Document Size:	14502