Search Rutgers Law Library N.J. Court Opinions

241 Township of Piscataway v. South Washington Avenue, LLC -- rank: 735

... 05T3 Township of Piscataway, a m APPROVED FOR PUBLICATION MAY 14, 2008 APPELLATE DIVISION unicipal corporation of the State of New ... Co.; Helen Harper; Simon Halper; and Bella Harper, Defendants. ________________________________________________________________ May 14, 2008 Argued April 8, 2008 - Decided Before Judges Coburn, Fuentes ... New Jersey, Law Division, Middlesex County, L-11715-99. Barbara S. Schwartz argued the cause for appellants in A-3648-05T3 ... preserve a 75 acre farm as open space. The farm's owners, defendants South Washington Avenue LLC and members of the Halper family (the "Halpers"), answered the complaint, denying Piscataway's authority to condemn their property. After the action had been ... The Halpers withdrew the deposit but continued to challenge Piscataway's right to condemn the property. During the five years ...

docket:	A3648-05
court:	New Jersey Superior Court Appellate Division
decided:	2008-05-14
status:	Published
citation:
Document Size:	53433

242 BONNIE GLOGOVER v. HUDSON HARBOUR CONDOMINIUM ASSOCIATION INC. -- rank: 735

... Kelly, PC, attorneys; Christian M. Scheuerman, on the brief). Gregg S. Sodini argued the cause for pro se respondent Cutolo Barros ... an alternative dispute resolution (ADR) procedure provided by the Association's by-laws, plaintiff initiated an action in the Chancery Division claiming that the Association's collection efforts breached a prior settlement agreement and violated the Condominium Act, N.J.S.A. 46:8-1 to -38. Plaintiff further claimed that ... health effects, and was denied credit. Finally, plaintiff alleged Cutolo's actions violated the Fair Debt Collections Practices Act (FDCPA), 15 U.S.C. § 1692- 1692p. A-3446-18T3 2 ...

docket:	a3446-18
court:	NJ Superior Court Appellate Division
decided:	2020-09-15
status:	Unpublished
citation:
Document Size:	48210

243 STATE OF NEW JERSEY v. MATTHEW STREET -- rank: 735

... brief). PER CURIAM Defendant Matthew Street appeals the Law Division's March 5, 2012 order dismissing his petition for post-conviction ... 2002, Street drove with his co-defendant Kyle Smalfus, Street's girlfriend Angela Milcarek, and Smalfus's girlfriend Nicole Rodilosso to Port Elizabeth to go camping. Street ... road. Reisch agreed to do so. Before getting into Reisch's car, Street and Smalfus had a brief conversation during which they agreed to steal Reisch's car when Street asked Reisch to pull over so he could relieve himself. As they were getting into Reisch's car, Smalfus asked Street for his cigarette lighter. He ...

docket:	a5249-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-17
status:	unpublished
citation:
Document Size:	45212

244 STATE OF NEW JERSEY v. EDUARDO LAGO -- rank: 735

... and EDUARDO LAGOS, Defendant-Appellant. ____________________________________ August 1, 2017 Submitted March 14, 2017 – Decided Before Judges Fisher, Leone and Vernoia. On ... Deputy Public Defender, of counsel and on the brief). Christopher S. Porrino, Attorney General, attorney for respondent (Sarah E. Ross and ... Jesus Francisco. 1 In the early morning hours of November 14, 2010, the doorbell rang and Feliciano and Gloria opened a ... first-degree knowing or purposeful murder of Feliciano, N.J.S.A. 2C:11-3(a) or (b) (count one); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count two); and second-degree ... possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count three). The evidence ...

docket:	a2321-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-01
status:	unpublished
citation:
Document Size:	59876

245 Robert Oberhand v. Director, Division of Taxation -- rank: 735

... appeal are whether the July 2002 amendment to N.J.S.A. 54:38-1, which was made retroactive to January ... 2002, amended the New Jersey estate tax law, N.J.S.A. 54:38-1 (the Amendment). The Amendment provided that ... 1,000,000 beginning January 1, 2002, after Mrs. Oberhand’s death in March 2002, the formula in her Will required ... Mrs. Seidner, as Executor and Executrix of their respective spouse’s estates, filed separate complaints in the Tax Court contesting the Director’s assessment. In both matters, the Tax Court determined that the ... in the “judicial evaluation of retroactive tax laws.” 388 N.J. Super. 239, 240, 242 (2006). The Supreme ...

docket:	a-106-06
court:
decided:	2008-02-27
status:
citation:	193 N.J. 558
Document Size:	101196

246 RONALD RAFANELLO v. JORGE S. TAYLOR-ESQUIVEL -- rank: 732

... DOCKET NO. A-4397-18T2 RONALD RAFANELLO, Plaintiff, v. JORGE S. TAYLOR-ESQUIVEL, INTEK AUTO LEASING, INC., ENCOMPASS INSURANCE AND ESURANCE ... Appellants, v. INTEK AUTO LEASING, INC., NAB TRUCKING, LLC, JORGE S. TAYLOR-ESQUIVEL, AMERICAN MILLENNIUM INSURANCE COMPANY & EMPIRE FIRE & MARINE INSURANCE ... party defendant American Millennium Insurance Company (AMIC) and denying Encompass's cross- motion for summary judgment as to AMIC. The trial ... provision in the AMIC policy was triggered because defendant Jorge S. Taylor-Esquivel, the dump truck driver, was not listed in the Covered Driver's section of the policy procured by his employer, NAB Trucking, LLC (NAB). The trial court determined that NAB's exposure was capped at $35,000. The issue on ...

docket:	a4397-18
court:	NJ Superior Court Appellate Division
decided:	2020-11-23
status:	Published
citation:
Document Size:	49896

247 State v. Aurelio Ray Cagno -- rank: 732

... found at 211 N.J. 488 or 49 A.3d 388. SYLLABUS (This syllabus is not part of the opinion of ... the Court. In this appeal, the Court considers whether defendant’s conviction for racketeering conspiracy was time-barred under the general ... prosecution to establish the continuation of the conspiracy violated defendant’s right to confrontation. The State’s case against defendant revolves around his membership in the Colombo ... to generating profits for its members through criminal activities. Defendant’s brother Rocco Cagno (“Rocco”) also was a member of ... becoming members of the Colombo family, Rocco was the State’s principal witness against defendant. Rocco testified that he and ...

docket:	A-60-09
court:	NJ Supreme Court
decided:	2012-08-08
status:
citation:	211 N.J. 488 49 A.3d 388
Document Size:	163081

248 /usr/local/share/www/libweb/collections/courts/appellate/a4829-18.opn.html -- rank: 732

... parole imposed pursuant to the 'Three Strikes Law,' N.J.S.A. 2C:43-7.1, is illegal. The prosecution hinged ... those repeated Confrontation Clause violations was compounded by the prosecutor's reference to the inadmissible hearsay in his opening argument when ... other people,' referring to non-testifying sources, told police 'it's possibly this individual named Freddie Owle.' The prosecution, it bears noting, introduced substantial admissible evidence of defendant's guilt. The State's case was not so overwhelming, however, as to overcome the ... N.J. 131, 154 (2014) (quoting Chapman v. California, 386 U.S. 18, 24 (1965)). We are therefore constrained to ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	82982

249 NEW JERSEY DEPARTMENT OF v. EXXON MOBIL CORPORATION -- rank: 732

... DEP) is barred by the statute of limitations, N.J.S.A. 2A:14-1.2, from pursuing a common law strict liability claim ... damages under the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to �23.11z (Spill Act). We must determine whether N.J.S.A. 58:10B-17.1 (the extension statute) applies to ... did not apply. He dismissed the fourth count of plaintiff's complaint asserting that cause of action. We granted leave to ... we decided the loss of use claim issue in DEP's favor, DEP moved to amend the complaints, over defendant' ...

docket:	a0314-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-31
status:	published
citation:	420 N.J. Super. 395 22 A.3d 1
Document Size:	55244

250 STATE OF NEW JERSEY v. KIERON JACKSON -- rank: 732

... with eight counts of first-degree armed robbery, N.J.S.A. 2C:15-1, and other offenses, arising out of ... parole disqualifier under the No Early Release Act, N.J.S.A. 2C:43-7.2. Therefore, defendant's aggregate sentence was forty years imprisonment, of which he must ... TRIAL COUNSEL. A) TRIAL COUNSEL FAILED TO ARGUE THAT DEFENDANT'S STATEMENT SHOULD HAVE BEEN SUPPRESSED BECAUSE DEFENDANT WAIVED HIS MIRANDA ... A) APPELLATE COUNSEL FAILED TO CHALLENGE THE ADMISSION OF DEFENDANT'S PHOTOGRAPH. B) APPELLATE COUNSEL FAILED TO CHALLENGE THE ADMISSION OF DEFENDANT'S STATEMENT. C) APPELLATE COUNSEL FAILED TO ARGUE ALL OF ...

docket:	a1934-06
court:	NJ Superior Court Appellate Division
decided:	2009-01-08
status:	unpublished
citation:	199 N.J. 133 970 A.2d 1049
Document Size:	112619

251 State v. Rose -- rank: 732

... In this appeal the Court addresses whether evidence of defendant’s previous indictment and incarceration on the charge of attempting to murder the victim is admissible in defendant’s trial for the murder of the victim. The Court also ... of whom appeared as witnesses for the State at defendant’s murder trial. According to Puglia, defendant told him that he ... drugs. Upon his release from jail, Graves complied with defendant’s plans and killed Mosley. After his arrest, Graves pled guilty ... aggravated manslaughter and agreed to testify against defendant. The State’s proposed use of evidence about defendant’s indictment for attempted murder of Mosley was reviewed pretrial ...

docket:	a-111-09
court:	superior court trial
decided:	2011-06-08
status:
citation:
Document Size:	178965

252 Accutane Litigation -- rank: 732

... two issues. The first is what law governs whether Roche’s label warnings were adequate -- the law of each of the ... label warnings for the period after April 2002. Because Roche’s warnings received the approval of the FDA, they enjoy a “rebuttable presumption” of adequacy under New Jersey’s Products Liability Act (PLA). See N.J.S.A. 2A:58C-4. That presumption provides pharmaceutical companies greater ... their pharmacies. The FDA reviewed and approved each of Roche’s warning tools. 1 Plaintiffs focus on excerpts from several internal ... took Accutane in 44 other jurisdictions. The court granted Roche’s motion for summary judgment, determining that plaintiffs failed to ...

docket:	a-26-27-17
court:	NJ Supreme Court
decided:	2018-10-03
status:
citation:
Document Size:	138984

253 Toll Brothers, Inc. v. Township of West Windsor -- rank: 732

... if so, whether the plaintiff is entitled to a builder's remedy. Toll Brothers, Inc. (Toll Brothers) owns a 293-acre ... construction that will include affordable housing, i.e. , the builder's remedy), and the Fair Housing Act (FHA). Prior litigation against ... Township had resulted in a 1984 judgment establishing the Township's requisite number of affordable housing units. That number was modified ... the construction of affordable housing was due to the Township's failure to include conventional single-family houses on small lots ... sites, despite the strong market demand for them. The builder's remedy sought by Toll Brothers would require the rezoning of ... present affordable housing obligation and awarded Toll Brothers a builder's remedy. In respect of the single-family detached housing ...

docket:	a-103-00
court:	njsupreme
decided:	2002-08-01
status:
citation:	173 N.J. 502
Document Size:	226202

254 COMMUNICATIONS WORKERS OF AMERICA v. CHRIS CHRISTIE Governor of the State of New Jersey -- rank: 732

... JERSEY PUBLIC EMPLOYEES COUNCIL 1 OF THE AMERICAN FEDERATION OF S APPROVED FOR PUBLICATION May 7, 2010 APPELLATE DIVISION TATE, COUNTY ... the State of New Jersey, Respondent. ___________________________________ NEW JERSEY STATE POLICEMEN'S BENEVOLENT ASSOCIATION, Appellant, v. CHRIS CHRISTIE, Governor of the State ... Fagella argued the cause for appellant New Jersey State Policemen's Benevolent Association in A-2997-09 (Zazzali, Fagella, Nowak, Kleinbaum ... and Executive Branches of our State Government. See N.J.S.A. 19:44A-20.13; 36 N.J.R. 4562 (b). As N.J.S.A. 19:44A-20.13 declares, "[w]hen a person ... or independent authority, this constitutes a violation of the public's trust in government and raises legitimate public concerns about ...

docket:	a2871-09
court:	New Jersey Superior Court Appellate Division
decided:	2010-05-07
status:	Published
citation:	413 N.J. Super. 229 994 A.2d 545
Document Size:	144676

255 STATE IN THE INTEREST OF J.T -- rank: 729

... constitute first-degree aggravated sexual assault, contrary to N.J.S.A. 2C:14-2(a)(1), and third-degree endangering the welfare of a child, contrary to N.J.S.A. 2C:24-4(a). The complaint alleged that on ... hearing prior to the trial to determine whether R.H.'s out-of-court statements were admissible under 803(c)(27 ... 27) hearings "within the context of the trial unless there's some indication that [he] should do them pretrial." The judge ... what I do is take the testimony of the State's witnesses. If there is some other kind of motion, ...

docket:	a0595-12
court:	NJ Superior Court Appellate Division
decided:	2013-06-04
status:	unpublished
citation:
Document Size:	34546