Search Rutgers Law Library N.J. Court Opinions

406 PEDRO Q. DAYRIT, M.D. v. THE MEMORIAL HOSPITAL OF SALEM COMMUNITY HEALTH SYSTEMS, INC. -- rank: 442

... Gary Newsome, CHS' vice president, and Angela Marchi, the Hospital's CEO, among other parties not pertinent to this appeal. Plaintiffs ... owners, as well as the rules governing the Surgery Center's management. The Surgery Center was a joint venture between the ... amendment to the Operating Agreement that would reduce each physician's ownership from ten percent to four percent, and increase the Hospital's ownership to eighty percent. Dr. Dayrit testified in his deposition ... the Hospital the majority ownership was because the Surgery Center's $2 million loan was appearing on the individual physician members ... effectively access CHS resources and contracts" and "adding the facility's volume into the Hospital utilization reports will minimize financial ...

docket:	a0232-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-05
status:	unpublished
citation:
Document Size:	47365

407 APPLICATION OF ANDREW LEWIS, BY NORMA LEWIS, PARENT AND A TRUSTEE ANDREW J. LEWIS FUND, Appellant v. CATASTROPHIC ILLNESS IN CHILDREN RELIEF FUND <br -- rank: 436

... Illness in Children Relief Fund Act, (the Act), N.J.S.A. 26:2-148 to 159, was passed in 1987 ... severely impact upon a child and his family." N.J.S.A. 26:2-150. The moneys necessary to establish and ... subject to the New Jersey Unemployment Compensation Law. N.J.S.A. 26:2-151, and was charged with the responsibility of administering the fund. Pursuant to N.J.S.A. 26:2-149 "based upon the moneys available in the fund." In addition ... necessary to effectuate the purposes of this Act." N.J.S.A. 26:2-154(i).     The Commission adopted regulations ...

docket:	a6516-98
court:	njappellate
decided:	2001-01-19
status:	published
citation:	336 N.J.Super. 361
Document Size:	19436

408 DEBORAH HATKINS v. JORGE HERNANDEZ -- rank: 436

... twins, M.H. and T.H. Defendant is the children's biological father. Plaintiff and defendant met in March 1999 and soon were living together in plaintiff's home. At the time, M.H. and T.H. were ... the children three or four times per week at plaintiff's home. In June 2000, Bonilla disappeared with the children. Defendant ... New Jersey, and they resided with the parties in plaintiff's home in Haworth. In March 2004, plaintiff and defendant ended their relationship and defendant moved out of plaintiff's home. Defendant agreed, however, that the children could remain with ... time with the children every other weekend in C.W.'s home in New York State. In 2007, defendant informed ...

docket:	a1564-08
court:	superior court appellate division
decided:	2010-05-05
status:	unpublished
citation:
Document Size:	34741

409 STATE OF NEW JERSEY v. PAUL RODGERS, a/k/a ROLANDO BETANCOURT -- rank: 436

... J. De Fazio, Hudson County Prosecutor, attorney for respondent (Jordan S. Goldsmith, Assistant Prosecutor, on the brief). PER CURIAM Defendant, Paul ... him with: third-degree aggravated assault, contrary to N.J.S.A. 2C:12-1(b)(5)(a) (count one); second ... filed a notice of appeal. 1 The transcript of defendant's sentencing states that defendant was sentenced on the aggravated assault ... parole. The State, in its brief, notes that the judge's statement on the record controls, but concedes that 356 N ... Morton, 155 N.J. 383, 421 (1998), cert. denied, 532 U.S. 931, 121 S. Ct. 1380, 149 L. Ed. 2d ...

docket:	a5373-07
court:	superior court appellate division
decided:	2009-08-07
status:	Unpublished
citation:
Document Size:	20592

410 JOHN MALMENDIER v. INSURANCE CORPORATION OF HANNOVER -- rank: 429

... that amount, sought underinsured motorist (UIM) coverage from his employer's insurer, defendant ICH. ICH denied coverage and, in the alternative ... AAA and the subsequent March 2, 2007, order denying ICH's motion to reconsider that ruling. After consideration of the issues ... which dispatched plaintiff, a flatbed tow truck driver from Tumino's Towing. Upon arrival, Nobile instructed plaintiff to tow her vehicle ... Once at the gas station, plaintiff began to unload Nobile's vehicle from the flatbed into a gas station parking spot ... walked to an area between the tow truck and Nobile's vehicle. While plaintiff was stowing his towing equipment, Nobile entered ... was parked on a grade, the car rolled forward. Plaintiff's right leg was pinned between the vehicle and the ...

docket:	a5291-06
court:	njappellate
decided:	2008-08-18
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	42229

411 SHAUN MORRISON v. ALEXIS PALM -- rank: 423

... an order entered on March 5, 2008, which reduced plaintiff's child support obligation from $141 to $80 per week. Because of procedural infirmities and the court's failure to make adequate findings of fact, we reverse and ... parties entered into their second consent order, which reduced plaintiff's support payment to $162 per week. In addition, plaintiff agreed ... health insurance on the child and [to] pay the child's unreimbursed medical expenses." A child support guidelines worksheet attached to the order showed plaintiff's gross taxable income was $1000 per week, and defendant's gross taxable income was $600 per week. In a ...

docket:	a3711-07
court:	njappellate
decided:	2009-01-13
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	36132

412 CRAIG KEVIN SOMERS v. HOME PROPERTIES REGENCY CLUB, LLC -- rank: 420

... hour, the three left the apartment and walked to Freeman's car. As they approached the vehicle, plaintiff noticed three individuals ... sitting in a car "about three spaces down" from Freeman's. According to plaintiff, the three "didn't really seem to ... think anything would happen." He and his friends entered Freeman's car, with Freeman in the driver's seat, plaintiff in the passenger's seat, and Spallos in the back seat on the passenger side. Before leaving, they spent several minutes in Freeman's car to connect his iPod to the car stereo. ...

docket:	a5355-09
court:	NJ Superior Court Appellate Division
decided:	2011-09-07
status:	unpublished
citation:
Document Size:	21731

413 STATE OF NEW JERSEY v. RASHAN CAPERS -- rank: 420

... convicting him of first-degree murder, contrary to N.J.S.A. 2C:5-1 and 2C:11-3; two counts ... a weapon for an unlawful purpose, contrary to N.J.S.A. 2C:39-5d. Defendant also appeals from the sentence ... 1971)); see also State v. Kemp , 195 N.J. 136 , 149-50 (2008); State v. Whitaker , 402 N.J. Super. 495 ... v. Lanz o , 44 N.J. 560 (1965)), cert. denied , 399 U.S. 930 , 90 S. Ct. 2254 , 26 L. Ed.2d ...

docket:	a2225-07
court:	superior court appellate division
decided:	2010-07-20
status:	unpublished
citation:
Document Size:	39006

414 S. JAY MIRMANESH v. STEVEN BRASSLETT -- rank: 420

... COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0 S. JAY MIRMANESH AND LISA ANN MIRMANESH, INDIVIDUALLY AND DERIVATIVELY FOR ... P. Rogovoy argued the cause for respondents. PER CURIAM Plaintiffs S. Jay Mirmanesh and Lisa Ann Mirmanesh ("plaintiffs") appeal from an ... permitted on the exterior of any unit without the Board's permission. In addition, patio or lawn furniture may be placed ... developer initially intended that Waterview would serve as his family's compound; however, beginning in 1999, the developer sold the units ... for the Association, governing membership and operation of the Association's Board of Trustees (the "Board"). In addition, paragraph 10 of ... siding shall be deemed to become part of each individual [u]nit and will no longer be common elements." On ...

docket:	a3433-13
court:	NJ Superior Court Appellate Division
decided:	2015-06-23
status:	unpublished
citation:
Document Size:	38527

415 MICHAEL & JANN NOHE VS ROBLYN DEVELOPMENT CORP., ET AL -- rank: 417

... The opinion of the court was delivered by COBURN, J.S.C. (temporarily assigned). This is an action on a contract ... of that portion of the deposit which exceeded the seller's actual loss. Id. at 511-17. The Court went on ... that, under the manifested assent of the parties, a party's performance is to be retained in the case of breach ... clause in this case, we are reminded of Professor Corbin's warning: "Penalties and forfeitures are not favored; and calling an ... 568-69.] Two years later, the Supreme Court decided Wasserman's Inc. v. Middletown , 137 N.J. 238 (1994). That case ... Uniform Commercial Code, adopted in New Jersey at N.J.S.A. 12A:2-718, provides:                 (1)    Damages for breach ...

docket:	a4482-95
court:	njappellate
decided:	1997-01-02
status:	published
citation:	296 N.J. Super. 172
Document Size:	20048

416 HOWARD REMMICH v. SELECTIVE AUTO INSURANCE COMPANY OF NEW JERSEY -- rank: 410

... 2) Selective, which issued an automobile insurance policy to plaintiff's son (the son), with whom plaintiff lived at the time ... summary judgment. On December 3, 2010, the judge granted Selective's motion, reformed the Selective policy to afford UIM coverage to ... excess coverage. On December 9, 2010, the judge granted plaintiff's motion and compelled Palisades, as the primary carrier, to participate ... by the motion judge. Spring Creek Holding Co. v. Shinnihon U.S.A. Co. , 399 N.J. Super. 158, 180 (App. Div.), certif. denied , ...

docket:	a2276-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-02
status:	unpublished
citation:
Document Size:	32085

417 GILBERT PEREZ v. TERRANCE MOORE, ADMINISTRATOR OF EAST JERSEY STATE PRISON, et al. -- rank: 401

... Koschera, Supervisor of the maintenance department at East Jersey. Defendant's complaint was based on the loss of personal property in ... administrative resolution of his claim, defendant initiated suit. The State's motion for dismissal was granted on the basis that defendant's claim amounted to an appeal of an administrative decision which ... Lieutenant to determine whether the claim was legitimate. The inmate's inside property card and mailroom property card were used to ... the Claims Committee assigned a value of $280 to Perez's claim. Thus, for example, while Perez valued his "Proton" radio ... word processor was assigned a $50 value whereas Perez claimed $399.     Perez declined the Department of Correction's (DOC) offer ...

docket:	a5119-04
court:	njappellate
decided:	2006-06-06
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	18418

418 EAST BRUNSWICK SEWERAGE AUTHORITY, et al. v. EAST MILL ASSOCIATES, INC., et al. -- rank: 401

... was developing residential units within the East Brunswick Sewerage Authority’s (EBSA) service area. The sewer pumping system required an upgrade ... new units being built by the defendants.     In the developer’s agreement, EMA agreed to pay 55% of the costs of ... plus interest. I     EBSA and EMA entered into a developer’s agreement on December 28, 1993 to upgrade the Ryder’s Lane Pumping Station. EMA was building thirty-seven residential units located within EBSA's service area. Under the terms of the agreement, EMA was ... connect more units to the system with an EBSA engineer's approval. EBSA needed to expand and upgrade the existing ...

docket:	A3094-02
court:	NJ Superior Court Appellate Division
decided:	2004-01-02
status:	published
citation:	365 N.J. Super. 120 838 A.2d 494
Document Size:	18751

419 MONICA TUMAN v. MICHAEL TUMAN -- rank: 401

... plenary hearing, to determine "which extracurricular activities fall within defendant's monthly child support payment and which are extraordinary expenses [, and ... In a subsequent appeal, we affirmed the plenary hearing judge's findings, including the determination of defendant's income. Id. at 10-11. At the time of the ... that in spite of the seemingly large increase in defendant's income, the trial judge had properly avoided a "changed circumstances ... slip op. at 7-8. Using $40,000 as defendant's income, the agreed-upon child support was significantly higher than ... the benefit of creditors in January 2012. See N.J.S.A. 2A:19-1 to -50. Thereafter, he worked ...

docket:	a1317-14
court:	New Jersey Superior Court Appellate Division
decided:	2016-05-09
status:	Published
citation:
Document Size:	19911

420 DANIEL MATTHIES v. CHARLES DIETRICH -- rank: 398

... Fox & Melofchik, LLC, attorneys; Mr. Fox, on the briefs). R.S. Gasiorowski argued the cause for respondents (Gasiorowski & Holobinko, attorneys; Mr. Gasiorowski, of counsel and on the brief; Cathy S. Gasiorowski, on the brief). PER CURIAM Defendants Charles Dietrich and ... home. Later that year, defendants obtained approval from the municipality's Planning Board to subdivide their property into two lots, on ... benefit of living in their home during this period. Plaintiff's testimony was in many respects consistent with defendant's. However, plaintiff did add the trees were eighteen to twenty ... As with other legislative provisions, the meaning of an ordinance's language is a question of law that we review ...

docket:	a0765-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-03
status:	unpublished
citation:
Document Size:	35735