Search Rutgers Law Library N.J. Court Opinions

1291 STATE OF NEW JERSEY v. DWAYNE K. LAWRENCE -- rank: 556

... JERSEY, Plaintiff-Respondent, v. DWAYNE K. LAWRENCE, Defendant-Appellant. ___________________________ April 14, 2015 Submitted March 16, 2015 – Decided Before Judges Sabatino ... officers' command to stop. When apprehended, defendant disobeyed the officer's command to place his hands behind his back. Following a ... 06-00938 with third-degree receiving stolen property, N.J.S.A. 2C:20-7; second-degree use of a seventeen ... year-old or younger to commit an offense, N.J.S.A. 2C:24-9(a); fourth-degree resisting arrest by eluding a law enforcement officer, N.J.S.A. 2C:29-2(a)(2); and third-degree resisting arrest by eluding a law enforcement officer, N.J.S.A. 2C:29-2(a)(3). Defendant was charged ...

docket:	a1559-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-14
status:	unpublished
citation:
Document Size:	21396

1292 JACLYN FLOR v. GREENBERG FARROW ARCHITECTUAL INCORPORATED -- rank: 556

... Matthew N. Fiorovanti, of counsel and on the briefs). Daniel S. Furst (Sichenzia Ross Ference LLP) of the New York bar ... argued the cause for respondents (Owen A. Kloter and Daniel S. Furst, attorneys; Owen A. Kloter and Daniel Scott Furst, on ... jury awarded Flor and ENGenuity compensatory damages that included GF's payment of ENGenuity's operating expenses during the first two years of operation. On ... challenging the compensatory damages award, GF contests the trial judge's April 4, 2019, pre-trial order denying GF's motion for summary judgment, and January 29, 2021, post- ...

docket:	a2208-20
court:	NJ Superior Court Appellate Division
decided:	2023-10-26
status:	Unpublished
citation:
Document Size:	105062

1293 ST. PAUL'S OUTREACH, INC v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF SOUTH ORANGE VILLAGE -- rank: 556

... DOCKET NOS. A-0264-17T1 A-0339-17T1 ST. PAUL'S OUTREACH, INC., Plaintiff-Respondent, v. BOARD OF ADJUSTMENT OF THE ... Rother, of counsel; Michael J. Martelo, on the briefs). Elaine S. Berkenwald argued the cause for respondent (Lavin & Associates, PC, attorneys; Elaine S. Berkenwald, on the briefs). PER CURIAM These two appeals, calendared ... in lieu of prerogative writs filed by plaintiff St. Paul's Outreach, Inc. against defendants Board of Adjustment of the Township ... South Orange Village (Township). The Law Division nullified the Board's denial of a conditional use variance that plaintiff sought for its residential property pursuant to N.J.S.A. 40:55D-70(d)(3) (d(3) variance). ...

docket:	a0264-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-28
status:	Unpublished
citation:
Document Size:	45886

1294 STATE OF NEW JERSEY v. CARLIA M. BRADY -- rank: 556

... Vicinage, charging her with second-degree official misconduct, N.J.S.A. 2C:30-2b (count one); and two counts of ... hindering the apprehension or prosecution of Jason Prontnicki, N.J.S.A. 2C:29-3a(1) and a(2) (counts two and three). The Law Division judge granted defendant's motion to dismiss count one of the indictment but denied ... and the State of New Jersey. We granted the State's motion for leave to appeal (A-0483-16), as well as defendant's motion for leave to appeal (A-0484-16), and consolidated ... instructions the prosecutor gave to the panel and the judge's reasoning in deciding defendant's motion. A. The Woodbridge ...

docket:	a0483-16
court:	NJ Superior Court Appellate Division
decided:	2017-09-11
status:	published
citation:	452 N.J.Super. 143 172 A.3d 550
Document Size:	86949

1295 P.V. v. Camp Jaycee -- rank: 556

... of-law case involves the question of whether New Jersey’s charitable immunity statute, N.J.S.A. 2A:53A-7 to -11, applies to a tort ... town of Effort. 2 In 2003 , one of Camp Jaycee’s campers was P.V., a twenty-one-year-old female ... which she sustained injuries requiring medical treatment. P.V.’s parents, T.V. and L.V., as guardians ad litem ... Charitable Immunity Act (CIA). The trial judge granted Camp Jaycee’s motion for summary judgment on the ground that, under the ... HELD: Although the Court recognizes the vitality of New Jersey’s own policy of immunizing charities, in this case, it ...

docket:	a-31-07
court:
decided:	2008-11-24
status:
citation:	197 N.J. 132
Document Size:	163274

1296 Lemelledo v. Beneficial Mangement Corp. of America -- rank: 556

... dismissal of the usury claim.     The Supreme Court granted Beneficial's motion for leave to appeal the reinstatement of the CFA ... provisions be applied broadly in order to accomplish the Act's remedial purposes. Because the broad language of the CFA appears ... of agencies with regulatory jurisdiction over the practice. (pp. 10-14) 3. The CFA's recognition of cumulative remedies and its empowerment of citizens as ... non-governmental entities. The Court will not undermine the CFA's enforcement structure by carving out exemptions for each fraudulent practice ... the same time regulated by another source of law. (pp. 14-16) 4. In order to overcome the presumption that ...

docket:	a-107-96
court:	njsupreme
decided:	1997-07-03
status:
citation:	146 N.J. 561
Document Size:	51071

1297 GENERAL MOTORS CORP. v. LINDEN CITY, -- rank: 556

... The Definition of Highest and Best Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 IV. Plaintiff’s Proofs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 V. Defendant’s Proofs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 VI. Plaintiff’s Rebuttal Proofs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 * VII. Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 A. The Definition of ... VIII. Use Value versus Value in Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 IX. Plaintiff’s Failure of Proof as to Alternate Uses . . . . . . . . . . . . . . . . . . . . . . . . . . 67 X. Conclusion ... the Tax Court. The Appellate Division reversed the Tax Court’s decision and remanded the matter. General Motors Corp. v. City ... that the Act was constitutional and affirmed the Appellate Division’s remand of the appeals to the Tax Court. General ...

docket:	9091-83
court:
decided:	2005-02-02
status:
citation:
Document Size:	185845

1298 POLAROME INTERNATIONAL, INC. v. GREENWICH INSURANCE COMPANY -- rank: 556

... obtained copies of medical records, which included a medical expert's August 21, 1987, report that opined that Kuttner had "severe ... the radiologist reported that the x-ray showed that Kuttner's left lung was normal but the right lung was hyperin ... well since his transplant." On July 26, 1994, Dr. Steven S. Scherer sent a consultation note to Dr. Palevsky, indicating that ... or lumbar radiculopa­thy." On March 29, 1995, Kutt­ner's lungs were reevaluated by x-ray and the radiologist re ... with his wife since 1999. B. The Blaylock Litigation Blaylock's action, which was filed on August 26, 2005, alleged that ... participate in the defense of the claim along with Polarome's other carriers while reserving its right to disclaim coverage. ...

docket:	a0566-07
court:	NJ Superior Court Appellate Division
decided:	2008-12-17
status:	published
citation:	404 N.J. Super. 241 961 A.2d 29
Document Size:	129033

1299 STATE OF NEW JERSEY v. TYRONE A. FURLOW -- rank: 556

... degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1), and third-degree possession ... of a CDS with the intent to distribute, N.J.S.A. 2C:35-5(a)(1). We affirm. I. In ... Furlow, "asking if [Chuppe] could accompany the informant to [Furlow's] house to purchase $50 worth of hard, which is crack ... 2012, after a hearing, Judge Michele M. Fox denied Furlow's motion to disclose the confidential informant's identity. Months later, after a three-day trial in which ... merger, Judge Blue imposed a mandatory extended term, N.J.S.A. 2C:43-6(f), of nine years imprisonment ...

docket:	a3078-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-30
status:	unpublished
citation:
Document Size:	20037

1300 STATE OF NEW JERSEY v. BERNARD TURNER -- rank: 556

... No. 08-06-1949 with first-degree murder, N.J.S.A. 2C:11-3(a)(1) or (2) (count one ... possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count two); third-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b) (count three); third-degree endangering an injured victim, N.J.S.A. 2C:12-1.2 (count four); and third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(3) (count five). On December ... as prescribed by the No Early Release Act, N.J.S.A. 2C:43-7.2. Defendant did not take ...

docket:	a3712-12
court:	NJ Superior Court Appellate Division
decided:	2014-12-24
status:	unpublished
citation:
Document Size:	28147

1301 TRACEY EMOLO v. JOHN C. EMOLO -- rank: 556

... a June 27, 2008 post-judgment matrimonial order, granting plaintiff's and denying defendant's requests to modify provisions of the parties' Final Judgment of ... C. Emolo to terminate spousal support and instead extended defendant's obligation to pay plaintiff rehabilitative alimony at the rate of ... denying his motion to terminate alimony. He attacks the court's factfinding and argues the court mischaracterizing the alimony award set ... him to show plaintiff cohabited in violation of the PSA's terms. Additionally, defendant attacks discretionary rulings made by the trial ... for any educational expenses which may be incurred for [plaintiff]'s education, and rehabilitation, to enable her to re-enter ...

docket:	a3836-08
court:	NJ Superior Court Appellate Division
decided:	2011-08-19
status:	unpublished
citation:
Document Size:	127565

1302 STATE OF NEW JERSEY v. TYRONE DANIELS -- rank: 556

... applicable legal principles, we affirm. After an appeal of defendant's first trial resulted in a reversal of his convictions and ... of incarceration with a mandatory parole disqualifier. We affirmed defendant's conviction and sentence in State v. Daniels , No. A-1542 ... April 2, 2015, Judge Kyran Connor discussed each of defendant's arguments and found defendant had failed to make a prima ... POINT I: THE TRIAL COURT ERRED IN DENYING THE DEFENDANT'S PETITION FOR POST CONVICTION RELIEF WITHOUT AFFORDING HIM AN EVIDENTIARY ... COUNT ONE OF INDICTMENT. The standard for determining whether counsel's performance was ineffective for purposes of the Sixth Amendment was formulated in Strickland v. Washington , 466 U.S. 668 , l 04 S. Ct. 2052 , 80 L. ...

docket:	a5190-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-18
status:	unpublished
citation:
Document Size:	13961

1303 /usr/local/share/www/libweb/collections/courts/appellate/a0254-18.opn.html -- rank: 556

... PATTERSON, Defendant-Appellant. _______________________ Argued May 25, 2021 – Decided June 14, 2021 Before Judges Fisher, Gilson and Moynihan. On appeal from ... a four-day trial, of second-degree eluding, N.J.S.A. 2C:29-2(b), resulting from her leading police ... and rolling papers and loose, raw marijuana on the car's center console. Trooper Gonzalez testified that he and Trooper Storie ... troopers read defendant her Miranda1 1 Miranda v. Arizona, 384 U.S. 436 (1966). A-0254-18 3 rights, and he knew ... Trooper Gonzalez spoke with her; specifically, he asked defendant, 'What's the deal?' She responded, 'I didn't (indiscernible) you ...

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1304 Joel S. Lippman, M.D. v. Ethicon, Inc. -- rank: 556

... portions of any opinion may not have been summarized.) Joel S. Lippman, M.D. v. Ethicon, Inc. and Johnson & Johnson, Inc ... a relevant standard of care and knowing when an employer’s actions or proposed actions deviate from that standard of care, may invoke the whistleblower protections afforded under N.J.S.A. 34:19-3 of the Conscientious Employee Protection Act (CEPA or Act), N.J.S.A. 34:19-1 to -14. Plaintiff Joel S. Lippman, M.D., was employed by defendant Ethicon, Inc., ...

docket:	A-65-13
court:	NJ Supreme Court
decided:	2015-07-15
status:
citation:	222 N.J. 362 119 A.3d 215
Document Size:	107878

1305 ESTHER SEGAL v. COUNTY OF HUDSON -- rank: 556

... Avenue in Jersey City when his vehicle reached the road's terminus and plunged into the Hackensack River. Rabbi Segal died. Plaintiff Esther Segal, Rabbi Segal's wife, filed a survival and wrongful death action individually and on behalf of Rabbi Segal's Estate, against six defendants. Plaintiff appeals from two orders entered ... Law Division: (1) the July 11, 2011 order dismissing plaintiff's complaint against defendant Dee-Jay Depot, Inc. (Dee-Jay); and ... terminus. After a dive team removed part of the vehicle's side window, a body, later identified as Rabbi Segal, was discovered in the driver's seat. Duncan Avenue is a city owned roadway, which ...

docket:	a5005-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-07-19
status:	Published
citation:
Document Size:	39005