Search Rutgers Law Library N.J. Court Opinions

1501 THE BLUFFS AT BALLYOWEN, LLC v. TOLL BROS., INC -- rank: 523

... and a pool. At issue in this appeal is Toll's contractual duty to build such common improvements after bowing out ... the contracting partners. Toll also takes issue with the court's award of a judgment to The Bluffs for compensatory damages ... amount of $2,505,706.40. Because we share Toll's concern that the Law Division did not impose a remedy ... appropriate remedy, if any, to now be imposed for Toll's breach of the contractual duty to construct the common improvements ... intent to The Bluffs containing the initial profile of Toll's proposal, including reference to the construction of the common improvements ... agreement between The Bluffs and Toll was executed on December 14, 2005. The agreement provided that Toll would purchase the ...

docket:	a3285-09
court:	superior court appellate division
decided:	2010-11-30
status:	unpublished
citation:
Document Size:	59380

1502 STATE OF NEW JERSEY v. RAMON LEON -- rank: 523

... to vacate seven municipal court convictions of shoplifting, N.J.S.A. 2C:20-11b. We affirm. 1 I. Defendant, a ... assigned counsel and represented himself pro se. 2 On August 14, 1998, defendant pled guilty to shoplifting in the Hazlet Township ... the Law Division, Monmouth County, entered an order denying defendant's petition filed in the Hazlet municipal court as time barred ... the Law Division, Middlesex County, entered an order denying defendant's petition filed in the Woodbridge municipal court for the same ... the Law Division, Union County, entered an order denying defendant's petitions filed in the Hillside and Roselle municipal courts. As ... was "nothing in the record to suggest that [d]efendant's guilty plea to the charge[] . . . was anything other than ...

docket:	a3051-07
court:	superior court appellate division
decided:	2010-10-21
status:	unpublished
citation:
Document Size:	42089

1503 State of New Jersey v. Kelvin L. McLean -- rank: 523

... J.R.E. 701, the lay opinion rule. At defendant’s trial, Detective Altmann was the State’s first witness. It is his testimony that gives rise to ... an extensive colloquy with the court outside of the jury’s presence, defendant’s counsel continued to argue that it was inappropriate for Altmann ... drug transaction. The court agreed with the prosecutor, overruling defendant’s objection. In responding to the prosecutor’s next question, the detective referred to defendant by name. ...

docket:	a-98-09
court:	superior court trial
decided:	2011-03-31
status:
citation:	205 N.J. 438 16 A.3d 332
Document Size:	96118

1504 E.L.C v. D.M.F -- rank: 523

... to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. Defendant and plaintiff, E ... FRO hearing and rendered a comprehensive oral opinion, finding plaintiff's testimony more credible than defendant's testimony. He concluded that defendant committed the predicate act of ... by repeatedly appearing at the bus stop across from plaintiff's house to see the children leave for school. These appearances ... court order entered in the matrimonial action and despite plaintiff's warning that she would seek a restraining order. Judge Fikry ... necessary after applying the factors set forth in N.J.S.A. 2C:25-29(a)(1) to (6). Defendant ...

docket:	a3033-20
court:	NJ Superior Court Appellate Division
decided:	2022-10-21
status:	Unpublished
citation:
Document Size:	61358

1505 STATE OF NEW JERSEY v. M.A., JR -- rank: 523

... to second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b), he was sentenced to an ... year term of parole ineligibility. He appeals the trial court's orders denying his motion to suppress, and barring use of ... to account for the youth mitigating factor under N.J.S.A. 2C:44-1(b)(14). We affirm the trial court's order denying the suppression motion, reverse the trial court's order barring the necessity defense, and remand for trial. ...

docket:	a0304-19
court:	NJ Superior Court Appellate Division
decided:	2022-10-04
status:	Unpublished
citation:
Document Size:	30061

1506 PER CURIAM Defendant Ramon Leon appeals from three Law Division orders that denied four petitions for post-conviction relief (PCR), seeking to vacate seven municipal court convictions of shoplifting, N.J.S.A. 2C:20-11b. We affirm. -- rank: 523

... to vacate seven municipal court convictions of shoplifting, N.J.S.A. 2C:20-11b. We affirm. 1 I. Defendant, a ... assigned counsel and represented himself pro se. 2 On August 14, 1998, defendant pled guilty to shoplifting in the Hazlet Township ... the Law Division, Monmouth County, entered an order denying defendant's petition filed in the Hazlet municipal court as time barred ... the Law Division, Middlesex County, entered an order denying defendant's petition filed in the Woodbridge municipal court for the same ... the Law Division, Union County, entered an order denying defendant's petitions filed in the Hillside and Roselle municipal courts. As ... was "nothing in the record to suggest that [d]efendant's guilty plea to the charge[] . . . was anything other than ...

docket:	a6612-06
court:	superior court appellate division
decided:	STATE OF NEW JERSEY v. RAMON LEON
status:	unpublished
citation:
Document Size:	40401

1507 JEROME MCCANN v. WHITEHALL MANOR CONDOMINIUM ASSOCIATION INC -- rank: 523

... Law Division, Somerset County, Docket No. L-1581-16. Jeffrey S. Mandel, attorney for appellant/cross- respondent. Anthony X. Arturi, Jr ... May 28, 2020 order, disallowing a portion of their attorney's fees, in the amount of $11,204.79, incurred while ... at 1-2). Plaintiffs are former members of the Association's board of trustees and did not seek reelection. After departing ... with defending the Chancery Division action. Plaintiffs claimed the Association's voluntary dismissal of the Chancery Division action triggered indemnification under the Association's bylaws. Paragraph 2 of the bylaws provided: Each Trustee, officer ... gross negligence or willful misconduct. Plaintiffs claimed entitlement to attorney's fees under the indemnification provision absent any finding of ...

docket:	a4086-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-24
status:	Unpublished
citation:
Document Size:	28857

1508 /usr/local/share/www/libweb/collections/courts/appellate/a4176-17.opn.html -- rank: 523

... Cuttonaro, Deputy Attorney General, argued the cause for respondent (Gurbir S. Grewal, Attorney General, attorney; Steven Cuttonaro, of counsel and on ... trial of: first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11- 3(a)(1),(2) (count one); first-degree murder, N.J.S.A. 2C:11-3(a)(1),(2) (count two); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count three); and second-degree ... possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count four), in connection ...

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1509 JAMES F. WALTERS v. YMCA -- rank: 523

... Bove, LLC, attorneys; Mr. Bove, Jay M. Green and Todd S. McGarvey, on the briefs). Kenneth M. Harrell argued the cause ... The Donnelly Law Firm, LLC, attorneys; Mr. Donnelly and Harris S. Feldman, on the brief). PER CURIAM Arising for review in ... filed by plaintiff James F. Walters against defendant Young Men's and Women's Christian Association of Newark and Vicinity is whether defendant may ... flight of steps near the swimming pool located in defendant's facility, rupturing his left patellar tendon. Defendant moved for summary ... pursuant to the Charitable Immunity Act (the Act), N.J.S.A. 2A:53A-7 to -11. The Law Division ...

docket:	a1130-15
court:	NJ Superior Court Appellate Division
decided:	2016-08-16
status:	unpublished
citation:
Document Size:	73718

1510 STATE OF NEW JERSEY v. TAHJ J. PINES -- rank: 523

... appellant (Frank M. Gennaro, Designated Counsel, on the brief). Raymond S. Santiago, Monmouth County Prosecutor, attorney for respondent (Lisa Sarnoff Gochman ... following a second PCR court order––with the State's consent––allowing defendant to file a new direct appeal ... determined defendant received ineffective assistance of appellate counsel because defendant's attorney had simultaneously represented defendant and co- defendant LaShawn Fitch ... on appeal. This court previously affirmed the denial of defendant's first appeal and first PCR petition. State v. Pines, No. A-4721- 12 (App. Div. April 14, 2016); State v. Pines, No. A-1715-18 (App. Div. Feb. 20, 2020). Defendant now contends: POINT I DEFENDANT'S MOTION TO SUPPRESS HIS STATEMENT TO THE POLICE WAS ...

docket:	a1469-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-04
status:	Unpublished
citation:
Document Size:	57420

1511 JANET YIJUAN FOU v. KEVIN KERVENG TUNG, PC -- rank: 523

... for $1,547,063.31 in damages ($500,000), attorney 's fees ($702,000), prejudgment interest on the jury's damages award ($65,250), and prejudgment interest on the award for attorney's fees and costs ($279,813.31). Defendants appeal from the ... 2019 order denying their motion for reconsideration of the court's January 28, 2019 order striking paragraph four of a December ... malpractice claim against defendants arises out of Tung, P.C.'s and Tung's representation of plaintiff Janet Yijuan Fou in a matrimonial ...

docket:	a4690-18
court:	NJ Superior Court Appellate Division
decided:	2021-08-25
status:	Unpublished
citation:
Document Size:	91841

1512 MARVIN PALMER v. DR. ALFRED M. FIUME, individually and in his official capacity and CORRECTION MEDICAL SERVICES INC. individually and in its official capacity - and DR. ELMIRA KAPCHITS, M.D individually and in her official capacity, and DAVID FLYNN, i -- rank: 523

... medical, mental and dental services for inmates in the State's correctional system. CMS provided these services through a managed care ... and a primary care provider base located at the State's major facilities. In April 1996, Correctional Dental Associates ("CDA") entered ... agreement with CMS to provide dental care to the State's inmates. Fiume, a licensed dentist who had been working for ... On February 27, 2001, plaintiff was taken to the NJDOC's Central Reception and Assignment Facility ("CRAF") in Trenton for medical ... state prison system. Dr. Joseph E. Prunetti ("Prunetti") performed plaintiff's initial dental examination. An assistant took a "panorex" or "full mouth" X-ray. Prunetti's intake form indicated that plaintiff had no dental problems ...

docket:	a1453-07
court:	NJ Superior Court Appellate Division
decided:	2009-08-13
status:	unpublished
citation:
Document Size:	87786

1513 LAWRENCE DENIKE, et al. v. MICHAEL CUPO -- rank: 523

... plaintiff and defendant soured, and plaintiff sought to buyout defendant's 50% interest in the company. After the parties could not ... plaintiff. Although on appeal the parties challenge the trial court's valuation of defendant's interest and its calculation of appropriate adjustments and credits, the ... an alleged appearance of impropriety created by the trial court's actions towards the end of the litigation. Indeed, defendant claims ... entry of the final judgment, the trial judge and plaintiff's counsel began negotiations for the judge's post-retirement association with counsel's firm, which occurred ...

docket:	a3597-05
court:	njappellate
decided:	0000-00-00
status:	published
citation:	394 N.J. Super. 357
Document Size:	100558

1514 ROBIN B. WOJTKOWIAK v. NEW JERSEY MOTOR VEHICLE COMMISSION -- rank: 523

... is no probable cause justifying her complaint under N.J.S.A. 10:5-12(f) of New Jersey's Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42. The central issue on ... the nearest MVC location to be photographed for her driver's license. We hold that where the extent of a LAD claimant's disability is relevant to the reasonableness of the accommodations offered ... it by expert medical evidence. Because the extent of complainant's disability is not readily apparent from her medical evidence, ...

docket:	a5341-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-02
status:	published
citation:	439 N.J.Super. 1 106 A.3d 519
Document Size:	56713

1515 /usr/local/share/www/libweb/collections/courts/appellate/a2772-19.opn.html -- rank: 523

... MATTER OF THE GUARDIANSHIP OF N.R., minor. __________________________ Argued April 14, 2021 – Decided July 6, 2021 Before Judges Ostrer, Accurso ... Burke, Deputy Attorney General, argued the cause for respondent (Gurbir S. Grewal, Attorney General, attorney; Melissa H. Raksa, Assistant Attorney General ... proceedings. Defendants have a history with the Division predating Neil's birth. Jill has two sons, E.G. (Ed) and J.C. (Jim), from prior relationships and another son, S.R. (Sam) with Lewis. In 2011, Ed and Jim were ... the boys under the Kinship Legal Guardian Act, N.J.S.A. 3B:12A-1 to -7. In 2018, 2 A ... Dodd Act, which, as amended, is found at N.J.S.A. 9:6-8.21 to -8.82. A- ...

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