Search Rutgers Law Library N.J. Court Opinions

136 ELEANOR CAPOGROSSO v. THE BANK OF NEW YORK -- rank: 678

... she was treated in a "grossly negligent" manner by defendant's employees in connection with the loan application. Her complaint asserted ... emotional distress. On July 19, 2002, in response to defendant's motion to dismiss, the New York judge, the Honorable Lucy ... wrote, in part: Plaintiff sues for damages caused by defendant's gross negligence and intentional infliction of emotional distress. Plaintiff alleges ... failing to respond to her requests for information regarding defendant's denial of a subsequent loan application. She alleges defendant intentionally ... moves to dismiss the complaint on the grounds that plaintiff's claims fail to state a cause of action. C.P ... 2002, for the reasons explained below, the court grants defendant's motion and dismisses the action. I. NEGLIGENCE A. Factual ...

docket:	A1759-06
court:	NJ Superior Court Appellate Division
decided:	2007-12-13
status:	unpublished
citation:
Document Size:	90587

137 STATE OF NEW JERSEY v. ROBERT A. DAVIES -- rank: 678

... found defendant guilty of second-degree reckless manslaughter, N.J.S.A. 2C:11-4b(1); third-degree possession of a ... jury was the unlawful purpose of killing Ritch, N.J.S.A. 2C:39-4d; and fourth-degree possession of a weapon by a convicted person, N.J.S.A. 2C:39-7a. The grand jurors had also charged defendant with murder, N.J.S.A. 2C:11-3a-b; aggravated manslaughter, N.J.S.A. 2C:11-4a(1); passion/provocation manslaughter, N.J.S.A. 2C:11-4b(2); and possessing a knife ...

docket:	a5986-10
court:	NJ Superior Court Appellate Division
decided:	2014-11-20
status:	unpublished
citation:
Document Size:	86834

138 RUTGERS COUNCIL OF AAUP CHAPTERS; PROFESSOR WILLIAM E. MAYO, ET AL., VS RUTGERS, THE STATE UNIVERSITY & DIVISION OF PENSIONS, ET AL -- rank: 678

... E. MAYO; PROFESSOR WILLIAM W. DERBYSHIRE; PROFESSOR LOUIE CREW; PROFESSOR S. SCHURMAN; and DEAN JAMES D. ANDERSON,     Plaintiffs-Appellants,     v. RUTGERS ... Lenora Lapidus appeared for American Civil         Liberties Union for appellants, S. Schurman and                  James D. Anderson (Balk, Oxfeld, Mandell & Cohen,         attorneys ... to enroll them on the advice of the Attorney General's office. Plaintiffs Mayo, Derbyshire, and the AAUP, filed a grievance ... February 3, 1995, the motion judge ruled that the Director's decision was properly reviewable by the Appellate Division and entered ... member. The Division referred the matter to the Attorney General's Office for an opinion on whether the term "spouse" covers ... under New Jersey law." On September 30, 1992, the Division's Director denied coverage.     On March 3, 1993, Rutgers once ...

docket:	a5846-94
court:	njappellate
decided:	1997-03-12
status:	published
citation:	298 N.J.Super. 442
Document Size:	62390

139 STATE OF NEW JERSEY v. V.E. -- rank: 678

... May 14, 2007 - Decided May 31, 2007. Before Judges Lintner, S.L. Reisner and C.L. Miniman. On appeal from the ... V.E., with first-degree aggravated sexual assault, N.J.S.A. 2C:14-2a (Count One), and second-degree sexual assault, N.J.S.A. 2C:14-2b (Count Two). Prior to trial, defendant's motions for an in camera review of the victim's psychiatric record was denied on April 23, 2004. That same ... the motion judge conducted a Rape Shield Hearing, N.J.S.A. 2C:14-7a, following which he excluded evidence ...

docket:	A0944-05
court:	NJ Superior Court Appellate Division
decided:	2007-05-31
status:	unpublished
citation:
Document Size:	116561

140 STATE OF NEW JERSEY JEROME SHAW, JR. -- rank: 678

... guilty to third-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2, N.J.S.A. 2C:18-2, and disorderly persons possession of burglary tools, N.J.S.A. 2C:5- 5(a). After a grand jury refused ... not materially different; and a grand jury witness disclosed defendant's admission that he had 'some prior criminal history.' Defendant also ... period of parole ineligibility than it promised. While the prosecutor's power to resubmit cases to a grand jury is not ... 2 A-2058-15T3 indictment. The evidence supporting the State's case was strong. There is no proof of prosecutorial ...

docket:	a2058-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-23
status:
citation:
Document Size:	65012

141 PAUL ST. JAMES v. FUTURE FINANCE, CREATIVE DEVELOPMENT ENTERPRISES, and AIRPORT TRANSPORTATION, -- rank: 675

... County, ATL-C-138-94/ATL-L-2647-97.         Douglas S. Brierley argued the cause for appellant (Schenck, Price, Smith & King, attorneys; Mr. Brierley, Karin S. Riecker, Nancy M. Klingeman and Peter A. Marra, on the ... jointly owned, Sage Investment Corporation (Sage), and damages for defendant's and Walker's usurpation of Sage's corporate opportunities through Future Finance and CDE. Defendant filed a ... the dissolution of Sage, compensatory and punitive damages for plaintiff's breach of fiduciary duty, and separate damages under the ...

docket:	a7299-97
court:	njappellate
decided:	2001-06-18
status:	published
citation:	342 N.J. Super. 310
Document Size:	49255

142 STATE OF NEW JERSEY v. T.C., -- rank: 671

... by the indictment, but also before that, when T.C.'s pattern of abuse included food deprivation which stopped only when Billy's grandmother assumed his custody and cared for him for approximately ... daily occurrence until Billy was finally removed from T.C.'s custody in November 1996.     The evidence against defendant was overwhelming. It included testimony from Billy's grandmother, his sister, his father, a friend and neighbor to ... defendant described her abuse of Billy, two of the boy's teachers, and a surreptitiously made tape on which defendant virtually ... the Division of Youth and Family Services (DYFS) about Billy's condition, and eventually, in January 1990, DYFS had him ...

docket:	a3343-99
court:	njappellate
decided:	2002-02-04
status:	published
citation:	347 N.J. Super. 219
Document Size:	61670

143 STATE OF NEW JERSEY v. ROBERT L. JOHNSON, -- rank: 671

... of defendant, Robert L. Johnson, suppressing marijuana seized from defendant's bedroom during execution of a search warrant issued as part ... to the Prevention of Domestic Violence Act (Act), N.J.S.A. 2C:25-17 to -35, and from an order ... Accordingly, we rule that the Law Division properly granted defendant's motion to suppress, and now affirm.     The procedural circumstances leading ... can provide. See Cesare v. Cesare , 154 N.J. 394 , 399 (1998); N.J.S.A. 2C:25-18. Our constitutional mandate to provide all ... e.g. , Skinner v. Railway Labor Executives Ass'n. , 489 U.S. 602 , 633, 109 S. Ct. 1402 , 1421-22, ...

docket:	a6660-00
court:	njappellate
decided:	2002-06-11
status:	published
citation:	352 N.J. Super. 15
Document Size:	70951

144 STATE OF NEW JERSEY v. GIOVANNI SOTOMAYOR -- rank: 671

... sexual assault during the course of a burglary N.J.S.A. 2C:14-3a (Counts Four and Five); fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3b (Count Six); third-degree possession of ... a weapon, a knife, for an unlawful purpose, N.J.S.A. 2C:39-4d (Count Seven); second-degree burglary, N.J.S.A. 2C:18-2 (Count Eight); two counts of third-degree terroristic threats, N.J.S.A. 2C:12-3a (Counts Nine and Ten); third degree criminal restraint N.J.S.A. 2C:13-2a (Count Eleven). Defendant was acquitted ...

docket:	a3400-03
court:	njappellate
decided:	2007-11-05
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	60150

145 STATE OF NEW JERSEY v. KEITH KENION -- rank: 671

... guilty of two counts of first degree kidnapping, N.J.S.A. 2C:5-2 (Count Ten); one count of second degree burglary, N.J.S.A. 2C:18-2 (Count Eleven); one count of second degree conspiracy, 2 N.J.S.A. 2C:43-7.2. A defendant must serve 85 ... her head, causing her to feel like she 4 Parker's appeal from his conviction is decided this date in a ... newspaper. She noticed a beige Honda automobile parked in the U-shaped driveway of the residence. Nelson observed the vehicle backing ... the Youngs' porch door was slightly ajar. Based on Palmer's trial testimony, we know that Nelson observed defendant's ...

docket:	a5665-05
court:	superior court appellate division
decided:	2009-07-13
status:	Unpublished
citation:
Document Size:	74052

146 Rosa Acuna v. Sheldon C. Turkish, M.D., et als -- rank: 671

... This case can also be found at 192 N.J. 399, 930 A.2d 416.     SYLLABUS (This syllabus is not part ... agreed to the abortion procedure.     Judge Hague granted Dr. Turkish’s motion for partial summary judgment on the wrongful death, survival ... informed consent issue.     On remand, Judge Chambers granted Dr. Turkish’s motion for summary judgment on Acuna’s remaining claims, observing that the Appellate Division did not decide ... jury on this issue.     The Supreme Court granted Dr. Turkish’s petition for certification on the reinstatement of the informed consent ... no consensus in the medical community or society supporting Acuna’s position that a six-to-eight-week-old embryo, ...

docket:	a-15-06
court:	njsupreme
decided:	2007-09-12
status:
citation:	192 N.J. 399
Document Size:	69643

147 State v. Juan Pablo Santos -- rank: 668

... the welfare of a child in exchange for the State’s agreement to drop the sexual assault charge and recommend that ... of the plea and that he was satisfied with Smith’s representation. Smith then engaged Santos in a short colloquy to ... later, the Untied States Supreme Court issued Padilla v. Kentucky , ___ U.S. ___, 130 S. Ct. 1473 , 176 L. Ed.2d 284 (2010), in which ... 2 On November 3 , 2010, the court determined that Santos’s allegations were sufficient to establish a prima facie claim ...

docket:	A-114-10
court:	NJ Supreme Court
decided:	2012-05-08
status:
citation:	210 N.J. 129 42 A.3d 141
Document Size:	84333

148 STATE OF NEW JERSEY v. JOSEPH M. GRATACOS -- rank: 668

... Uzdavinis, Deputy Attorney General, argued the cause for respondent (Jeffrey S. Chiesa, Attorney General, attorney; Mr. Uzdavinis, of counsel and on ... M. Gratacos was convicted of third-degree burglary, N.J.S.A. 2C:18-2 (count one); the lesser included disorderly person's offense of theft by unlawful taking, N.J.S.A. 2C:20-3 (count two); and fourth-degree hurling bodily fluids at a law enforcement officer, N.J.S.A. 2C:12-13 (count three). 1 Defendant was sentenced ... STOP, THE MOTION TO SUPPRESS SHOULD HAVE BEEN GRANTED. COUNSEL'S FAILURE TO CHALLENGE THE STOP CONSTITUTED INEFFECTIVE ASSISTANCE OF ...

docket:	a1116-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-19
status:	unpublished
citation:
Document Size:	44398

149 STATE OF NEW JERSEY v. CRISTIAN VASILE -- rank: 668

... WAS INEFFECTIVE IN FAILING TO ADMIT INTO EVIDENCE MS. VANDUYSEN'S LETTER. D. TRIAL COUNSEL WAS INEFFECTIVE IN FAILING TO MOVE ... COURT ORDER DENYING THE PETITION MUST BE REVERSED SINCE DEFENDANT'S CLAIMS ARE NOT PROCEDURALLY BARRED UNDER R .3:22-4 ... COURT ORDER DENYING THE PETITION MUST BE REVERSED SINCE DEFENDANT'S CLAIMS ARE NOT PROCEDURALLY BARRED UNDER R .3:22-5 ... POINT VIII : THE LOWER COURT ERRED IN NOT GRANTING DEFENDANT'S REQUEST FOR AN EVIDENTIARY HEARING AND THE LOWER COURT ORDER ... County grand jury 1 with third-degree conspiracy, N.J.S.A. 2C:5-2 (count one); third-degree burglary, N.J.S.A. 2C:18-2 (counts two, four, and six); ...

docket:	a0197-10
court:	NJ Superior Court Appellate Division
decided:	2011-10-19
status:	unpublished
citation:
Document Size:	42014

150 STATE OF NEW JERSEY v. JAMES E. GRANT, JR. -- rank: 665

... inadmissible and prejudicial material, consisting of a non-testifying witness's recital of damaging and inadmissible hearsay statements she termed "gossip" and a detective's opinion that defendant was guilty. Because the trial judge permitted ... be played without redaction, we are constrained to reverse defendant's convictions. I. Defendant was indicted in September 2012 on two ... counts of first-degree attempt to commit murder, N.J.S.A. 2C:11-3(a) and 2C:5-1; two ... possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a); one count of second-degree possession of an assault firearm, N.J.S.A. 2C:39-5(f) and 2C:39-1( ...

docket:	a5023-13
court:	NJ Superior Court Appellate Division
decided:	2017-06-27
status:	unpublished
citation:
Document Size:	67575