Search Rutgers Law Library N.J. Court Opinions

1606 STATE OF NEW JERSEY v. DARNELL STEWART -- rank: 505

... defendant Darnell Stewart with second-degree sexual assault, N.J.S.A. 2C:5-1 and 2C:14-2(c); first-degree aggravated sexual assault, N.J.S.A. 2C:14-7 THE RAPE SHIELD STATUTE POINT TWO THE COURT IMPOSED A MANIFESTLY EXCESSIVE SENTENCE The issue of defendant's alias first arose prior to trial when defendant asked the ... report containing the name Stacey Moore, and to substitute defendant's name in that document. The trial judge asked the ...

docket:	a2745-06
court:	NJ Superior Court Appellate Division
decided:	2009-04-29
status:	unpublished
citation:
Document Size:	45765

1607 MARGO KRAMER, et al. v. CIBA-GEIGY CORP., et al. -- rank: 505

... one) and declaratory judgment (count three)" claims, and denied CIBA's motion for summary judgment. As a result, Bobsein's counsel was awarded $212,703.33 and McPherson's counsel was awarded $198,023.66 at CIBA's expense.     CIBA does not dispute the individual defendants' right to ... toxic waste over a lengthy period of time at CIBA's plant in Toms River, New Jersey. On October 24, 1984 ... future injury from exposure to chemical contamination emanating from CIBA's Toms River facility. The complaint asserted common law counts ...

docket:	A1640-02
court:	NJ Superior Court Appellate Division
decided:	2004-08-09
status:	published
citation:	371 N.J. Super. 580 854 A.2d 948
Document Size:	76030

1608 ROBERT C. CURTIS v. CELLCO PARTNERSHIP -- rank: 505

... J.A.D. In this matter, we examine whether plaintiff's claims against defendant for consumer fraud fall within the scope ... refused to pay the outstanding account balance. Defendant reported plaintiff's non-payment to national credit bureaus, which he maintains negatively ... of the New Jersey Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -106. On defendant's motion, the trial court dismissed plaintiff's complaint, concluding the expansive language of the parties' service contract ... and mandatory arbitration. These terms were distinguished from the Agreement's other terms by a box placed around them and ...

docket:	a5863-07
court:	superior court appellate division
decided:	2010-01-05
status:	Published
citation:	413 N.J. Super. 26 992 A.2d 795
Document Size:	59724

1609 GEORGE K. MILLER v. JOHN SCOTT ABBOTT -- rank: 505

... NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, Defendants-Respondents. _____________________________ Argued April 14, 2008 - Decided Before Judges S.L. Reisner and Gilroy. On appeal from the Superior Court ... New Jersey, Law Division, Atlantic County, L-8244-06. Robert S. Baranowski, Jr., argued the cause for appellants (Ballard, Spahr, Andrews ... initial position. On September 13, 2005, the Abbotts appealed Rubin's determination to the Board of Adjustment. While this appeal was ... January 31, 2006, the trial judge upheld Zoning Officer Rubin's definition of grade, concluding that it was "logical and clearly ... of the Zoning Ordinance." According to her written opinion, Abbott's proposed interpretation of the ordinance, as meaning that the ...

docket:	a6661-06
court:	njappellate
decided:	2008-04-30
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	102303

1610 PALISADES INSURANCE COMPANY , v. HORIZON BLUE CROSS BLUE SHIELD OF NEW JERSEY -- rank: 502

... granting defendant Horizon Blue Cross Blue Shield of New Jersey's motion for summary judgment and dismissing its complaint with prejudice ... health insurance benefits to its insureds. Pursuant to N.J.S.A. 39:6A-4.3(d), plaintiff allows its customers ... expenses incurred as a result of an automobile accident. Plaintiff's insureds M.B, M.T., T.L., and P.M ... M.T., T.L., and M.B. In P.M.'s case, plaintiff commenced payment upon receipt of the claim. It ... injuries. Defendant responded with a letter indicating that the insured's contract permitted only secondary coverage for PIP-eligible expenses. That prompted P.M.'s medical provider to send plaintiff a letter requesting that ...

docket:	a2830-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-27
status:	Published
citation:
Document Size:	29518

1611 STATE OF NEW JERSEY v. DOMINIQUE MITCHELL -- rank: 502

... JERSEY, Plaintiff-Respondent, v. DOMINIQUE MITCHELL, Defendant-Appellant. _________________________ Submitted September 14, 2023 – Decided October 11, 2023 Before Judges Vernoia and ... degree aggravated assault charge following the close of the State's case and by failing to instruct the jury on self ... then-girlfriend C.R. (Carol), her mother Nina, and Carol's sister 1 Following the return of the jury's verdict, the court found defendant guilty of the disorderly persons ... and pulled [her] hair.' When defendant let go of Carol's arm, she took the child downstairs to Nina's bedroom. Carol testified she had told Nina that she ...

docket:	a0305-20
court:	NJ Superior Court Appellate Division
decided:	2023-10-11
status:	Unpublished
citation:
Document Size:	32653

1612 /usr/local/share/www/libweb/collections/courts/appellate/a4803-18.opn.html -- rank: 502

... defendant was indicted for first-degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3(a)(1); second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1); second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b); and second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a). The facts are taken from ... 2 Based on information obtained from the victim, the victim's brother, and a local police officer familiar with the ...

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1613 STATE OF NEW JERSEY v. PAUL J. BURNETTE -- rank: 502

... pled guilty to one count of aggravated assault, N.J.S.A. 2C:12-1(b)(5), pursuant to a plea ... to "purchase[], own[], possess[] or control[] a firearm." N.J.S.A. 2C:39-7. The affidavit submitted in support of the application for the search warrant described defendant's initial arrest for driving under the influence, N.J.S.A. 39:4-50; his behavior at the police station ... each. The affidavit then provided the pertinent details regarding defendant's firearm purchases. He was issued a firearms purchase identification card ... Sig Sauer 9 mm handgun," in violation of N.J.S.A. 2C:39-7 and, further, that he had ...

docket:	a5619-13
court:	NJ Superior Court Appellate Division
decided:	2017-02-10
status:	unpublished
citation:
Document Size:	17961

1614 STATE OF NEW JERSEY v. DANIEL BURKE -- rank: 502

... the following charges: first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1) (count two of Indictment No. 05-01-1000); second-degree sexual assault, N.J.S.A. 2C:14-2(b) (count ten of the same indictment); two counts ... second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (counts eight and eleven of ... the same indictment); and fourth-degree aggravated assault, N.J.S.A. 2C:12-1(b)(5)(c) (count one ...

docket:	a6266-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-23
status:	unpublished
citation:
Document Size:	18001

1615 STATE OF NEW JERSEY v. GUALBERTO SOTO -- rank: 502

... the intent to distribute in a school zone, N.J.S.A. 2C:35- 7(a), and second-degree certain person not to possess a firearm, N.J.S.A. 2C:39- 7(b)(1). Consistent with the plea ... cocaine to a confidential informant (CI). A Union County Prosecutor's Office detective mentioned those results in his affidavit to obtain a warrant to search defendant's residence. In executing the search, police seized the drugs and gun that led to defendant's convictions. Defendant also argues the court erred in its sentence ... for finding an aggravating factor. We affirm the trial court's discovery order and the conviction, but remand for resentencing. ...

docket:	a0519-17
court:	NJ Superior Court Appellate Division
decided:	2019-03-13
status:	Unpublished
citation:
Document Size:	24508

1616 /usr/local/share/www/libweb/collections/courts/appellate/a0296-21.opn.html -- rank: 502

... Elizabeth. The mortgage was recorded in the Union County Clerk's Office on June 6, 1995. On February 1, 1996, First ... FSB, which assignment was recorded in the Union County Clerk's Office on February 20, 1996. On April 1, 2010, the ... plaintiff, which assignment was recorded in the Union County Clerk's Office on August 9, 2016. Approximately three years later, in ... mail a Notice of Intention to Foreclose (NOI). After defendant's continued default and failure to cure, on October 26, 2020 ... the summons and complaint, via private process server, on defendant's daughter-in-law at the property address.2 In the ... fully complied with the Fair Foreclosure Act (FFA), N.J.S.A. 2A:50-53 to - 68, by serving defendant ...

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1617 /usr/local/share/www/libweb/collections/courts/appellate/a2541-18.opn.html -- rank: 502

... DOCKET NO. A-2541-18T3 JOSEPH P. CARNEY and CARNEY'S, INC., Plaintiffs-Appellants, v. MAYOR EDWARD MAHANNEY, JR., and THE ... PER CURIAM Plaintiffs Joseph P. Carney and his company, Carney's Inc. (Carney's), a bar in Cape May, appeal from a January 2 ... complaint. The matter arose after a fight occurred at Carney's that resulted in the bar being shut down prior to ... plaintiffs claimed, among other assertions, that Mahanney ordered the bar's closing and in doing so violated the New Jersey Civil Rights Act (NJCRA), N.J.S.A. 10:6-2(c). In a comprehensive forty- ...

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1618 FERRIS FARMS OF EAST BRUNSWICK, LLC v. TOWNSHIP OF EAST BRUNSWICK -- rank: 502

... matter, defendant Township of East Brunswick Zoning Board of Adjustment's (Board) appeals from the July 27, 2022 order, which incorporated ... a May 31, 2022 order, reversing and vacating the Board's denial of plaintiff Ferris Farm Inc. of East Brunswick, LLC's use and density variance application. Having considered the arguments, the ... 321, Lot 6.03. The property is within the Township's R-1 Single Family Rural Residential Zone (R-1 Zone ... December 19, 2019, and on July 2, 2020 concerning plaintiff's original, first amended, and second amended applications. During the hearings, plaintiff's proposed plan underwent two iterations. The first amended application ...

docket:	a0034-22
court:	NJ Superior Court Appellate Division
decided:	2023-12-26
status:	Unpublished
citation:
Document Size:	30922

1619 STATE OF NEW JERSEY v. CECIL FEARON -- rank: 502

... possession of more than a pound of cocaine, N.J.S.A. 2C:43-6f, the court sentenced defendant to a ... his pretrial suppression motion, asserted error in the trial judge's instructions to the jury respecting accomplice liability, and argued that ... already serving a mandatory sentence in Alabama. We affirmed defendant's conviction and sentence, but because we were satisfied under the ... 2000). On July 17, 2000, the Supreme Court denied defendant's petition for certification. 165 N.J. 491 (2000). Defendant next ... counsel was ineffective in failing to produce evidence of defendant's alleged abduction, which prevented his appearance at trial, and in ... challenge to his presumptive sentence under Blakely v. Washington , 542 U.S. 296 , l 24 S. Ct. 2531 , l 59 ...

docket:	a0749-08
court:	superior court appellate division
decided:	2010-06-29
status:	Unpublished
citation:
Document Size:	35572

1620 STATE OF NEW JERSEY v. RASHON M. BAKER -- rank: 502

... RASHON M. BAKER, Defendant-Appellant. ________________________________ April 7, 2011 Submitted March 14, 2011 - Decided Before Judges A.A. Rodríguez and C ... of a controlled dangerous substance (CDS), contrary to N.J.S.A. 2C:35-10a(1), and third-degree distribution of CDS, contrary to N.J.S.A. 2C:35-5a(1) and -5b(3). After the judge denied defendant's motions for a judgment of acquittal or a new trial, the judge granted the State's motion for a mandatory extended term pursuant to N.J.S.A. 2C:43-6f. The judge then merged the ...

docket:	a3463-08
court:	NJ Superior Court Appellate Division
decided:	2011-04-07
status:	unpublished
citation:
Document Size:	38532