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331 /usr/local/share/www/libweb/collections/courts/appellate/a4466-18.opn.html -- rank: 525

... dangerous substance, less than one ounce of marijuana, N.J.S.A. 2C:35-5a(l) and 2C:35- 5b(12 ... of marijuana, within 1000 feet of a school, N.J.S.A. 2C:35-5a(l) and 2C:35-7 (count ... third-degree aggravated assault on a police officer, N.J.S.A. 2C:12-lb(5) (count three); and fourth-degree resisting arrest, N.J.S.A. 2C:29-2 (count four). Defendant's plea counsel, Rolando Torres, negotiated a plea agreement whereby defendant ... El Salvador, his birth country, upon learning of his father's death. Defendant had not been arrested since the 1988 ...

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Document Size:	18933

332 MARK TLUMACKI v. CNA INSURANCE COMPANIES -- rank: 525

... Debra asserted a claim for the loss of her husband's services, society and consortium. Hsu and his mother filed a ... made a formal demand for UIM arbitration. CNA rejected plaintiff's demand. In a letter dated June 24, 2003, CNA's attorney stated that plaintiff was not entitled to UIM coverage ... the policies covering the vehicles and failed to protect CNA's subrogation rights. In a letter dated July 8, 2003, CNA's counsel further asserted that CNA never gave plaintiff permission to ... decision on the record that day. The court granted plaintiff's motion for summary judgment, denied CNA's cross-motion ...

docket:	a4249-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-03-31
status:	Published
citation:
Document Size:	48290

333 WATERSIDE VILLAS HOLDINGS, LLC v. MONROE TOWNSHIP -- rank: 525

... Tax Court of New Jersey, Docket No. 2583-2011. Kevin S. Englert argued the cause for appellant (The Irwin Law Firm ... Township. The Tax Court had earlier granted, in part, defendant's motion to dismiss plaintiff's complaint for its failure to respond to a municipal request ... for income and expense information as required by N.J.S.A. 54:4-34, often referred to as "Chapter 91," 1 subject to plaintiff's right to a "reasonableness hearing" pursuant to the holding in ... ASSESSOR SENT A VALID CHAPTER 91 REQUEST. A. The Assessor's Request Was Not "Clear And Unequivocal." B. The Assessor' ...

docket:	a2466-12
court:	NJ Superior Court Appellate Division
decided:	2014-01-24
status:	published
citation:	434 N.J.Super. 275 83 A.3d 884
Document Size:	40663

334 A.K. v. M.K. -- rank: 525

... on the briefs; Rebecca C. Day, on the briefs). Leonard S. Baker argued the cause for respondent (Greenblatt, Pierce, Engle, Funt ... under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, based on her allegation ... a divorce, committed a predicate offense of harassment. N.J.S.A. 2C:25-19(a)(13) (identifying harassment as a predicate offense); N.J.S.A. 2C:33-4 (defining harassment). At the close of plaintiff's case, the trial court granted Mark's motion for involuntary dismissal under Rule 4:37-2( ...

docket:	a1754-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-27
status:	unpublished
citation:
Document Size:	26674

335 MARK TLUMACKI v. CNA INSURANCE COMPANIES -- rank: 525

... Debra asserted a claim for the loss of her husband's services, society and consortium. Hsu and his mother filed a ... made a formal demand for UIM arbitration. CNA rejected plaintiff's demand. In a letter dated June 24, 2003, CNA's attorney stated that plaintiff was not entitled to UIM coverage ... the policies covering the vehicles and failed to protect CNA's subrogation rights. In a letter dated July 8, 2003, CNA's counsel further asserted that CNA never gave plaintiff permission to ... decision on the record that day. The court granted plaintiff's motion for summary judgment, denied CNA's cross-motion ...

docket:	a4024-05
court:	New Jersey Superior Court Appellate Division
decided:	2009-03-31
status:	unpublished
citation:
Document Size:	49799

336 Myrlak v. Port Authority of New York and New Jersey -- rank: 522

... misused by anyone.     Myrlak sued PATH under the Federal Employer's Liability Act, alleging that PATH failed to provide a safe ... against Girsberger, pursuant to manufacture and warning defect theories.     Myrlak's expert was unable to duplicate the accident, identify a specific ... because the chair was too small for a person Myrlak's size and weight.     At the close of all of the ... jury on res ipsa loquitur .     The Supreme Court granted Girsberger's petition for certification . HELD :     The traditional negligence doctrine of res ... ordinarily bespeaks negligence; 2) the instrumentality was within the defendant's exclusive control; and 3) there is no indication that the injury was the result of the plaintiff's own action or neglect. The burden of persuasion does ...

docket:	a-130-97
court:	njsupreme
decided:	1999-02-08
status:
citation:	157 N.J. 84
Document Size:	61504

337 DORA G. HYDUK v. MICHAEL HYDUK -- rank: 519

... detail in the body of this opinion, that (a) plaintiff's "Treasury Direct Account," (b) her Merrill Lynch account, and (c ... for Thomas were exempt from equitable distribution but that defendant's life insurance policy was not. The judge also declined to ... Determining Which Assets Were Exempt from Equitable Distribution. Mr. Hyduk's Pre-Marital Life Insurance Policy Plaintiff's Treasury Direct Account Plaintiff's Merrill Lynch Account #85E15760 $51,000 of 2002 Bonus Monies ... Purposes of Equitable Distribution. 2003 Federal Income Tax Refund Plaintiff's $7,500 Counsel Fee Retainer and 2003 Bonus Monies ...

docket:	a5578-04
court:	njappellate
decided:	2007-08-01
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	82737

338 JASMINE ROACH v. NEW JERSEY STATE PAROLE BOARD -- rank: 519

... Riggs, Deputy Attorney General, argued the cause for respondents (Christopher S. Porrino, Attorney General, attorney; Lisa A. Puglisi, Assistant Attorney General ... are immune under the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 59:12-3. We affirm. I. Plaintiff's complaint alleged as follows. She brought this action both individually ... of Corrections (DOC), and Senior Parole Officer Angel Rodriguez. Plaintiff's first count alleged defendants were responsible for the ministerial duties ... or obtaining accurate and current information relative to Brian Farmer's registration as a sex offender, were responsible for ensuring that ... monitoring a paroled sex offender, such as Brian Farmer. Plaintiff's second count alleged defendants 'had the ministerial responsibility of ...

docket:	a2277-15
court:	NJ Superior Court Appellate Division
decided:	2018-03-09
status:	unpublished
citation:
Document Size:	94397

339 JOHN R. GRASSER, JR. v. UNITED HEALTHCARE CORPORATION, -- rank: 515

... Law Division, Middlesex County, Docket No.     L-12026-99.     Joseph S. Turner (Seyfarth Shaw) of the     Illinois bar, admitted pro hac ... denying its motion to dismiss or remand to arbitration plaintiff's complaint alleging wrongful termination of his employment. See footnote 1 ... of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. Defendant claimed that plaintiff ... agreed to be bound by arbitration procedures embodied in defendant's "Employment Arbitration Policy." That policy, in turn, was summarized and ... burden of demonstrating a knowing and binding waiver of plaintiff's right to maintain this suit, and accordingly, we affirm the ... Systems Department. Twenty-six years later, Metropolitan joined with Traveler's Insurance Company to form a new entity, MetraHealth. Plaintiff ...

docket:	a6952-99
court:	njappellate
decided:	2001-07-24
status:	published
citation:	343 N.J. Super. 241 778 A.2d 521
Document Size:	33450

340 STEVEN L. SUGARMAN v. GABRIEL BUILDING GROUP INC -- rank: 515

... the Olivieri plans) were nearly complete while plaintiffs' and defendant's negotiations were underway. Although defendant was an experienced home building ... Olivieri. Throughout September and October 2004, plaintiffs, Gabriel, and defendant's attorney Robert Penza negotiated the terms of the contract. Multiple ... were completed. The email also noted plaintiffs "understand that [defendant's] office will be forwarding the architectural plans and engineering study regarding the bulkhead to [Sugarman's] office by overnight mail and that the specifications will be ... provided later this week." That same day, and at Gabriel's request, Matthew Hamilton, the architect at Olivieri, sent copies of ... possible convenience," and also "let [plaintiffs] know the [a]rchitect's thoughts on the additional half story and/or the ...

docket:	a0386-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-02
status:	unpublished
citation:
Document Size:	83504

341 STATE OF NEW JERSEY VS JOHN FRANK NATALUK -- rank: 515

... The opinion of the court was delivered by LESEMANN, J.S.C. (temporarily assigned).     During the early morning hours on February ... following trial, convicted of fourth degree criminal mischief, N.J.S.A. 2C:39-7, which prohibits possession of a weapon ... capacity charge but he claims now that the trial court's inaction on that issue was prejudicial and constituted plain error. In the alternative, he argues that his counsel's failure to request the charge deprived him of effective assistance ... that reason. He also claims error in the trial court's rejection of certain additional psychiatric evidence and contends that his ... did constitute plain error and does require reversal of defendant's convictions. Accordingly, there is no need to address the ...

docket:	a4628-96
court:	njappellate
decided:	1998-11-13
status:	published
citation:	316 N.J.Super. 336
Document Size:	30221

342 TRACEY ABRAMS v. DAVID ABRAMS -- rank: 515

... state income tax liability; to pay all of their daughter's future uncovered medical expenses with Monmouth Psychological Associates, as well ... incurred with Princeton University Medical Center; and to pay plaintiff's counsel fees. We affirm the orders in all other respects ... certain assets, including their marital home, a 2 001 Jaguar S Type 4 .0, a 2000 Dodge Caravan, and a 1 ... and brokerage accounts, and held trust accounts for their children's college education, including one Merrill Lynch & Company account for each ... responsible, plaintiff being obliged to use physicians designated by defendant's medical insurance carrier. Provision was also made for the joint ... trust accounts would first be utilized to fund the children's college education before any contribution by the parties, with ...

docket:	a5300-05
court:	njappellate
decided:	2007-12-19
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	98105

343 STATE OF NEW JERSEY v. JEROME STEPHENS -- rank: 515

... charges of possession of a controlled dangerous substance, N.J.S.A. 2C:35-5 (Count Two); distribution of a controlled ... substance within 1,000 feet of school property, N.J.S.A. 2C:35-7 (Count Three); possession of a controlled dangerous substance with intent to distribute, N.J.S.A. 2C:35-7 (Count Five). Co-defendant Rafael Lopez ... Street to 12th Avenue, which is maybe four blocks, there's a lot of drug activity in that . . . stretch." As he ... counts in the indictment. The trial judge granted the State's motion to sentence defendant to an extended term pursuant to ... testimony concerning 264 Rosa Parks Boulevard or to the judge's jury charge were raised during the trial. We therefore ...

docket:	a0610-06
court:	NJ Superior Court Appellate Division
decided:	2008-04-07
status:	published
citation:
Document Size:	51164

344 CHARLES V. SIMONE, JR v. NASSAU TOWER REALTY LLC -- rank: 512

... and a tenant pertaining to the exercise of the tenant's purchase option by a strict deadline. The tenant, plaintiff Charles ... enforce their February 17, 2012 settlement agreement. The Chancery Division's orders terminated Simone's right to purchase the condominium unit that has housed his ... agreement required Nassau to provide an amendment to the condominium's master deed as a condition precedent to closing on the ... date. We agree with that contention and conclude that Nassau's enforcement of the time-of-the-essence provision required its ... day after the scheduled closing, we reverse the Chancery Division's orders and provide a limited opportunity for Simone to ...

docket:	a0446-12
court:	NJ Superior Court Appellate Division
decided:	2013-05-07
status:	unpublished
citation:
Document Size:	49463

345 STATE OF NEW JERSEY v. RAFAEL ORTIZ -- rank: 512

... jury verdict following a 2007 trial. Because the trial court's charge to the jurors was flawed by multiple and lengthy ... 196 N.J. 23 , 40-41 (2008), we vacate defendant's convictions and remand for a new trial. I. The indictment ... early on the morning of September 11, 2004. The State's proofs at trial adduced the following pertinent facts. At about ... this point Velloy and Plascensia had already left for Velloy's home. According to the State's proofs, the men gathered at 99 Gregory Avenue reached a ... down the street . . . around the corner of High Street." Mercado's account was similar to that of Patel, but slightly ...

docket:	a1839-07
court:	superior court appellate division
decided:	2010-08-02
status:	unpublished
citation:
Document Size:	74667