Search Rutgers Law Library N.J. Court Opinions

1861 ADANNA BANKS v. TUNKO SERAZI -- rank: 446

... to intimidate and physically hurt [defendant], and repeatedly screamed, 'let's go,' . . . to incite [defendant] to . . . engage in mutual combat.' Defendant ... with a police officer on March 8, who explained defendant's domestic violence rights to her and offered to assist her ... claimed the March 7 incident 'crystallized . . . the threat that [plaintiff's] ongoing campaign of harassment . . . posed to [defendant's] well-being.' On March 10, defendant emailed the property manager ... cited the New Jersey Safe Housing Act (Act), N.J.S.A. 46:8-9.4 to -9.12, and included ... delivered a copy of the filed police report to BMC's management office and a written notice of lease termination. ...

docket:	a0007-22
court:	NJ Superior Court Appellate Division
decided:	2023-10-12
status:	Unpublished
citation:
Document Size:	31278

1862 STATE OF NEW JERSEY v. ROGER LESTER -- rank: 446

... 05-1480) charging him with first-degree robbery, N.J.S.A. 2C:15-1, and other offenses. Later that year ... the trial court imposed a sentence consistent with the State's recommendation in the plea agreement, i.e., a term of ... hearing on identification. After considering these arguments and the State's opposition, the trial court dismissed the PCR petition on September ... relevant constitutional principles set forth in Strickland v. Washington , 466 U.S. 668, 687, 104 S. Ct. 2052, 2064, 80 L. Ed.2d 674, 693 ( ...

docket:	a2093-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-30
status:	unpublished
citation:
Document Size:	12979

1863 LIBERTY MUTUAL INSURANCE COMPANY v. AMERICAN MILLENNIUM INSURANCE COMPANY -- rank: 446

... Liberty or plaintiff) for reimbursement for benefits paid to Liberty's insured. See N.J.S.A. 39:6A-9.1 (Section 9.1). We affirm ... Chevrolet Cavalier from Zencar in "as is" condition. The automobile's odometer indicated that it had already traveled 112,858 miles. Two weeks later, Iacona's daughter, Angela Iacona, then sixteen-years old, was operating the vehicle with a driver's permit, with her mother and another individual as passengers. They ... the automobile to crash into a utility pole. A mechanic's report stated that the vehicle had traveled 113,179 ...

docket:	a0013-09
court:	superior court appellate division
decided:	2010-07-15
status:	Unpublished
citation:
Document Size:	57168

1864 EILEEN SENDER v. PAUL SENDER -- rank: 446

... judge erred by failing to order greater reductions in defendant's child support and alimony obligations and in allocating an excessive ... 10,000 in 1999) as an employee in her husband's medical practice prior to the divorce, she did not work ... time employment) after the divorce. The PSA provided that plaintiff's entitlement to alimony was of limited duration and would end ... would typically graduate from high school in June 2008, plaintiff's attorney suggested at oral argument before the trial court and again in his appellate brief that Michael's graduation will be in 2009. The PSA provided that the ... enters into college. In the years following the divorce, defendant's income from his medical practice steadily declined. In 2001, ...

docket:	A2088-06
court:	NJ Superior Court Appellate Division
decided:	2008-01-07
status:	unpublished
citation:
Document Size:	46406

1865 IN THE MATTER OF THE ESTATE OF ADRIAN J. FOLCHER -- rank: 446

... separate, that they would share expenses associated with Tambascia- Folcher's Cherry Hill home, and that upon the death of one ... the survivor of the tenancy in common. 2 Tambascia-Folcher's claim that Cohen was barred from testifying by the attorney ... representative of the deceased person. In re Estate of Reininger, 388 N.J. Super. 289, 300 n.2 (Ch. Div. 2006 ... deed was executed and recorded in the Camden County Clerk's Office. Shortly thereafter, on September 18 or 19, 2007, Folcher ... walking and using the bathroom. On September 26, 2007, Folcher's doctor told the family that there were no further medical ... treatments available for Folcher, and hospice services were appropriate. Folcher's sister wanted to return for another visit with her ...

docket:	a1790-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-10
status:	unpublished
citation:
Document Size:	28966

1866 STATE OF NEW JERSEY v. JERMAINE DAVIS -- rank: 446

... between the crime and the confrontation." Manson v. Braithwaite , 432 U.S. 98 , 114, 97 S. Ct. 2243 , 2253, 53 L. Ed. 140 , 154 (1997). Where ... There were additional factors that enhanced the reliability of Briceno's out-of-court identification. Specifically, defendant was apprehended in the ... police recovered a gun from him, as well as Briceno's driver's license and credit card. Without telling Briceno that these ...

docket:	a4976-07
court:	superior court appellate division
decided:	2009-07-17
status:	unpublished
citation:
Document Size:	41193

1867 STATE OF NEW JERSEY v. MAYLEEK MCINNIS -- rank: 446

... indicted and charged defendant with first-degree murder, N.J.S.A. 2C:11-3a(1) and -3a(2); second-degree ... possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a; and third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b. Approximately one month after the events ... conducted Wade 1 and Miranda 2 hearings and denied defendant's motions to suppress his statement and the witnesses' out-of ... defendant pled guilty to first-degree aggravated manslaughter, N.J.S.A. 2C:11-4a, and, as part of the plea ... identifications. We remanded and directed the judge to address defendant's contention, and, if the judge concluded that the State ...

docket:	a4965-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-22
status:	unpublished
citation:
Document Size:	17339

1868 STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF FISH AND WILDLIFE v. MARYBETH BENNETT -- rank: 446

... on the basis of a tip it received on October 14, 2004, that defendant was illegally housing certain bird species at ... believe the residence was being occupied at that time. Massey's affidavit disclosed his three visits to the location, the fact ... and his observation of the aviary and birds. Additionally, Massey's affidavit stated that he knew Bennett based upon an investigation ... judge issued the search warrant. As a result of Massey's search of the aviary, sixteen wild birds were seized, including ... cause for the issuance of the warrant based upon Bealle's tip, Massey's personal knowledge of defendant's prior history of caring ...

docket:	a2693-06
court:	NJ Superior Court Appellate Division
decided:	2008-09-08
status:	unpublished
citation:	197 N.J. 258 962 A.2d 529
Document Size:	38771

1869 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.B and C.N -- rank: 446

... Guardian urge that we uphold the termination. We reject Cynthia's contentions that the Division failed to meet its statutory burden under the four-prong best interests test, N.J.S.A. 30:4C-15.1(a), by clear and convincing ... constant struggles with relationships, unemployment, and housing instability. The Division's proofs also established Cynthia failed to comply with numerous programs ... custody, and control of their children. Santosky v. Kramer, 455 U.S. 745, 753 (1982); In re Guardianship of K.H.O ... 217 N.J. 527, 553 (2014). At times, a parent's interest must yield to the State's obligation to ...

docket:	a3194-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-15
status:	Unpublished
citation:
Document Size:	29945

1870 J & T BROTHERS LLC v. MARK PACELLI -- rank: 443

... CURIAM Plaintiff, J & T Brothers, LLC, appeals from a September 14, 2011 order of the Law Division denying its motion for ... he testified that all of his communications related to plaintiff's subcontracting work were through use of defendant's personal email address. Pacelli, who was present at the hearing ... to submit a responding statement at that time, over plaintiff's objection, despite having failed to comply with the arbitrator's Management Order directing him to file a pre-hearing statement ... referred to as [r]espondent. On February 4, 2011, plaintiff's attorney submitted an application to the arbitrator for "Reconsideration ...

docket:	a1010-11
court:	NJ Superior Court Appellate Division
decided:	2012-07-05
status:	unpublished
citation:
Document Size:	23852

1871 WALDER, SONDAK, ET ALS V. JOSEPH LIPARTI, ET ALS -- rank: 443

... subpoenas for various documents and testimony regarding defendants and Lipari's children.     By 1992 Lipari had gifted most of his shares ... salary of $5,000 from each corporation. Two of Lipari's children worked for defendants. Marilyn Manganello, Lipari's daughter, was vice president and secretary of defendants. She started ... the bookkeeping and handled the accounts payable and receivable. Marilyn's responsibilities increased as Lipari became more involved with his mayoral ... for acceptability, and dealt with health inspectors.     James Lipari, Lipari's son, was president of both corporations. He started working for ... Marilyn owned thirty percent, and Lipari owned ten percent. James's and Marilyn's shares had been "gifted" to them ...

docket:	a2594-95
court:	njappellate
decided:	1997-04-22
status:	published
citation:	<a href=
Document Size:	38336

1872 NEERAJ GUPTA v. IVAN LEUNG -- rank: 443

... briefs). PER CURIAM The seller appeals from the Law Division's summary judgment dismissal of his breach-of-contract claim against ... of the New Jersey Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20. We affirm. I. In ... defendants filed a motion for summary judgment to dismiss plaintiff's complaint and compel the return of their deposit. Following oral ... 6, 2011, Judge Christine Farrington granted defendants' motion, dismissing plaintiff's complaint and directing return of the deposit, memorialized in an ... the return of defendants' deposit pending the resolution of plaintiff's motion for leave to appeal. By order of November 21 ... of January 20, 2012, Judge Hector R. Velazquez granted plaintiff's motion. His findings and conclusions were set forth on ...

docket:	a2578-11
court:	NJ Superior Court Appellate Division
decided:	2012-12-05
status:	unpublished
citation:
Document Size:	49041

1873 STATE OF NEW JERSEY VS. JAMES D. PENNINGTON -- rank: 443

... also be found at 418 N.J. Super. 548 or 14 A.3d 790. (NOTE: The status of this decision is ... Pomeroy: "Give me the money." When York was an arm's length away from Pennington and could see his face, York ... the man who robbed him. However, because Kriney thought York's identification appeared tentative, he did not ask York to sign ... showed York a photo array that did not contain Pennington's photo. York did not identify anyone from that array. Kriney next showed York an array containing Pennington's photo. York again identified him as the robber. York signed ... in exchange for heroin and that he was in Sekou's motel room using heroin while Sekou was using the ...

docket:	A2637-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-21
status:	published
citation:	418 N.J. Super. 548 14 A.3d 790
Document Size:	34305

1874 STATE OF NEW JERSEY v. THADDEUS JEDZINIAK -- rank: 443

... witnesses. The testimony established the following. In 1993, Ship Bottom's code enforcement officer charged defendants with the disorderly persons offenses of obstruction, in violation of N.J.S.A. 2C:33-12. The conduct alleged was removing sand ... I The Trial Court Erred in not Limiting the Court's Review & Findings to the Four Corners of the Municipal, January ... Single Family Home in Question was not Subject to Respondent's Demanded Site Plan Improvements on Private Property Some Twenty-Two ... Jackson in Federal Crop Ins urance Corp. v. Merrill , 332 U.S. 380 , 68 S. Ct. 1 , 92 L. Ed. 10 ( ...

docket:	a3111-07
court:	NJ Superior Court Appellate Division
decided:	2009-02-11
status:	unpublished
citation:
Document Size:	37403

1875 LINDA COWLEY v. VIRTUA HEALTH SYSTEM -- rank: 440

... Law Division, Camden County, Docket No. L- 3616-16. Randi S. Greenberg argued the cause for appellants (Sacchetta and Baldino, attorneys ... consider whether the Law Division properly dismissed plaintiffs Linda Cowley's and Robert Cowley's medical malpractice complaint based upon their failure to serve an ... required by the Affidavit of Merit Statute (AMS), N.J.S.A. 2A:53A-26 to -29. In their appeal from the Law Division's April 13, 2017 order dismissing their action against defendants Virtua ... properly inserted into Linda,1 in accordance with a physician's order, became dislodged. We find that the unique circumstances ...

docket:	a4004-16
court:	NJ Superior Court Appellate Division
decided:	2018-09-06
status:	Published
citation:	456 N.J.Super. 278 193 A.3d 330
Document Size:	31395