Search Rutgers Law Library N.J. Court Opinions

316 SPENCER VAN & COLLEEM MAUSSNER V. ATLANTIC CITY COUNTRY CLUB, INC., ET ALS -- rank: 541

... responsibility for failing to implement proper safety procedures at defendant's golf club.     We need not consider, under the circumstances of ... to play. At approximately 8:00 a.m., the Club's starter See footnote 2 directed the foursome to begin play ... and James Fraser, the sole shareholders; Laurie Fraser, James Fraser's wife; and two other entities no longer in existence. The various defendants filed a timely answer to plaintiff's complaint, raising, inter alia , the defenses that they were under ... to protect plaintiff from a lightning strike and that plaintiff's injuries were the result of an act of God.     Defendants ... course." According to their moving papers, defendant: See footnote 4         [U]sed reasonable care to make its premises safe for ...

docket:	a4802-95
court:	njappellate
decided:	1997-04-04
status:	published
citation:	299 N.J.Super. 535
Document Size:	55550

317 STATE OF NEW JERSEY v. STEPHEN P. KWIECIEN -- rank: 538

... commit kidnapping in the second degree, contrary to N.J.S.A. 2C:5-1 and 2C:13-1b, and possession ... of cocaine in the third degree, contrary to N.J.S.A. 2C:35-10a(1). Defendant appeals solely from the ... a white truck parked along the curb. According to Amy's testimony, defendant said hello and she said hi in response ... drove off. Amy observed all but one character of defendant's license plate. She then accompanied Bennett back to her house ... one seen at Delacy Avenue. A subsequent search of defendant's vehicle led to the seizure of crack cocaine, metal wool ... no other tools in the vehicle. Bennett largely corroborated Amy's version of events. Bennett testified that she noticed that ...

docket:	a3331-08
court:	NJ Superior Court Appellate Division
decided:	2011-05-23
status:	unpublished
citation:
Document Size:	60559

318 State v. Christian State -- rank: 535

... men breaking into the home. The video captured one man's face and, thereafter, a still photograph was distributed to police ... stop the Acura. Officer Duffy observed Bravo in the driver's seat, Ortega-Rey in the front passenger seat, and Aponte ... homeowner. Officer Duffy also observed a pocket behind the driver's seat containing a flashlight and screwdriver. He testified that he ... The pieces of the telephone cord found on Aponte-Ortiz's person and at the home of the first homeowner were ... trial judge also denied defendants' motion to preclude the State's forensic expert from testifying about his analysis of the telephone ... on him had been "planted." After finding that the State's forensic expert was qualified, the trial judge denied defendants' ...

docket:	a4235-12
court:	NJ Superior Court Appellate Division
decided:	2016-03-22
status:	unpublished
citation:
Document Size:	52903

319 STATE OF NEW JERSEY v. MARCUS B. McMULLEN -- rank: 531

... third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4a, and fourth-degree lewdness, N.J.S.A. 2C:14-4a, after exposing himself to a ten ... was sentenced to three years in custody, subject to Megan's Law. He has appealed. On appeal, defendant raises the following ... JURY INSTRUCTIONS, AND WHEN IT FAILED TO RESTRICT THE STATE'S USE OF SUCH EVIDENCE, DEPRIVED DEFENDANT OF A FAIR TRIAL ... WHEN THE COURT PRECLUDED HIS EXPERT FROM TESTIFYING THE STATE'S USE OF DEFENDANT'S VIDEOTAPE TO SHOW MOTIVE AND/OR INTENT WAS NOT ...

docket:	a1374-07
court:	NJ Superior Court Appellate Division
decided:	2009-08-17
status:	unpublished
citation:
Document Size:	64504

320 STATE OF NEW JERSEY v. AARON L. WILLIAMSON -- rank: 531

... Brigham, Deputy Attorney General, argued the cause for appellant (Gurbir S. Grewal, Attorney General, attorney; Sarah D. Brigham, of counsel and ... May 30, 2018 order granting in part defendant Aaron Williamson's motion to suppress. The State challenges the suppression of evidence found after a search of defendant's car trunk. We affirm. On September 9, 2016, two plain ... arrested him and searched his car. Tetzlaff opened the driver's side door and found a container with about fifty suspected ... examination to smelling raw marijuana when he opened the driver's side door and on cross-examination was not sure whether ... the search based on the contraband found in the car's interior. The motion judge determined Kilmurray's uncorroborated testimony ...

docket:	a5422-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-25
status:	Unpublished
citation:
Document Size:	14602

321 /usr/local/share/www/libweb/collections/courts/appellate/a-73-14.opn.html -- rank: 528

... of a person exposed to toxic substances on the landowner’s premises, and, if so, what are the limits on that ... to their marriage and after she moved in as Paul’s wife. The complaint alleges that employees at Accuratus’s facility were exposed to beryllium, which, according to plaintiffs, may ... toxin theory of liability is based in part on Brenda’s exposure to beryllium for the period that she frequently stayed ... recognized a duty of an employer to protect a worker’s non-spouse . . . roommate from take-home exposure to a toxic ... to Brenda would “stretch the New Jersey Supreme Court’s decision . . . beyond its tensile strength.” After the Schwartzes ...

docket:	A-73-14
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:	225 N.J. 517 139 A.3d 84
Document Size:	71493

322 THE TOSCANO LAW FIRM, LLC v. ELLIS HAROLDSON -- rank: 528

... Law Division, Bergen County, Docket No. L-2764-14. Kenneth S. Thyne argued the cause for appellant (Roper & Thyne, LLC, attorneys; Kenneth S. Thyne, on the briefs). Patrick P. Toscano, Jr. argued the ... sued the client, defendant Ellis Haroldson, seeking payment of attorney's fees. Along with his answer, Haroldson filed a counterclaim and ... various claims, including legal malpractice and breach of contract. Haroldson's claims were unsuccessful and, after a bench trial, the trial ... court awarded the Toscano Firm over $31,000 in attorney's fees; in addition, the court rejected Haroldson's demand for the return of a $15,000 retainer ...

docket:	a2909-17
court:	NJ Superior Court Appellate Division
decided:	2020-05-12
status:	Unpublished
citation:
Document Size:	82958

323 BUILDING MATERIALS CORPORATION OF AMERICA v. ALLSTATE INSURANCE COMPANY -- rank: 528

... a WESTCHESTER SURPLUS LINES INSURANCE COMPANY; CERTAIN UNDERWRITERS AT LLOYD'S LONDON and CERTAIN LONDON MARKET COMPANIES; MICHIGAN MUTUAL INSURANCE COMPANY ... insurance policy that excluded coverage for property damage to GAF's own products. Consistent with recognized principles of insurance law, the ... hold that on its claim for indemnification under National Union's insurance policy, GAF cannot establish a prima facie case of ... to show that the policy excludes the loss. Because GAF’s proofs at trial failed to satisfy these requirements, the jury verdict rejecting GAF’s claims was legally sound. Additionally, we affirm the judgment dismissing ... retention. The policy excluded coverage for property damage to GAF's own products. In 1996, GAF notified National Union that ...

docket:	a4444-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-13
status:	published
citation:	424 N.J. Super. 448 38 A.3d 644
Document Size:	109716

324 Carita L. Baures v. Steven R. Lewis -- rank: 528

... to his special programming or to his doctors. Moreover, Jeremy's special needs precluded regular day care. Baures testified that in ... of proof on the ultimate issue of whether the child's interest will suffer from the move. 1. Courts have significantly ... that is extensive enough to sustain the relationship, the child's interests are served. (Pp. 14-21) 2. Under New Jersey's removal statute, the custodial parent may remove a child from ... relocate; and 12) any other factor bearing on the child's interest. Not all factors will be relevant or equally weighted ... that the move will not be inimical to the child's interests. Included in that showing should be a visitation ...

docket:	a-135-99
court:	njsupreme
decided:	2001-04-23
status:
citation:	167 N.J. 91
Document Size:	79718

325 D.N. v. T.G. -- rank: 528

... CURIAM Defendant T.G.1 appeals from the Family Part's May 24, 2017 order that required him to pay $52 ... in support arrears and sanctions and 40% of his children's college expenses. On appeal, defendant argues that the court failed ... factors in establishing his obligation to pay for his children's college expenses and incorrectly determined his ability to pay amounts ... interests, and to maintain confidentiality. A-4839-16T2 2 children, S.G. and H.G. Pursuant to section 1.3, the ... cost of $3500 per year. With regard to the children's college expenses, section 1.11 states that '[t]he parties ... Title Nine abuse and neglect complaint, pursuant to N.J.S.A. 9:6-1(e) and 9:6-8. ...

docket:	a4839-16
court:	NJ Superior Court Appellate Division
decided:	2019-02-15
status:	Unpublished
citation:
Document Size:	42195

326 Lowe v. Zarghami -- rank: 528

... entitled to notice under the Tort Claims Act, N.J.S.A. 59:1-1 to -14.4 (“TCA”) when an ... treat patients and instruct medical students in hospital settings. UMDNJ's faculty practice plan, through which the faculty treat patients, is ... TCA. The court denied that motion and later denied Lowe's application to file a late notice of claim, finding that ... sent back for trial. The Supreme Court granted Dr. Zarghami's motion for leave to appeal the order of the Appellate ... pp.8-14) 2. Under the control test, Dr. Zarghami's status as a UMDNJ employee is a close question, but the Court disagrees with the Appellate Division's finding that KMH exercised more control over him than ...

docket:	a-192-97
court:	njsupreme
decided:	1999-06-07
status:
citation:	158 N.J. 606
Document Size:	68467

327 AETNA CASUALTY AND SURETY CO. v. PLY GEM INDUSTRIES, INC., et al. -- rank: 528

... on coverage issues, a March 17, 1998 order granting Hoover's motion for partial summary judgment requiring that CU pay certain ... of Maryland, and a November 19, 1998 order granting Hoover's motion for partial summary judgment (certified as a final judgment ... carriers were brought into the action.     CU responded to Hoover's third party complaint by generally denying the material allegations of ... failure to comply with the terms and conditions of CU's policies, application of exclusionary provisions in the policies, the absence ... Jersey, law. CU contends that Georgia law applies because Hoover's offices are located there and the policy was issued to ... Georgia.     On February 7, 1997, the trial judge denied CU's motion for summary judgment on the coverage issue and ...

docket:	A2327-98
court:	NJ Superior Court Appellate Division
decided:	2001-08-02
status:	published
citation:	343 N.J. Super. 430
Document Size:	87443

328 JANET MEAD v. THOMAS SCHOENBORN -- rank: 528

... both plaintiff and Schoenborn were insured by High Point; plaintiff's underinsured motorist (UIM) coverage limit was $100,000/$300,000, and Schoenborn's liability coverage limit was $300,000/$300,000. Schoenborn disregarded ... the accident, Mead died and plaintiff suffered personal injuries. Mead's Estate filed wrongful death and survival actions against Schoenborn for ... the complaint. High Point filed a motion to dismiss plaintiff's claim against it for failure to state a claim arguing ... person liability limit, and that amount was greater than plaintiff's per person UIM limit of $l00,000, Schoenborn was not ... the time of the accident as defined in N.J.S.A. l7:28-1.1e. In opposition, plaintiff urged ...

docket:	a0340-09
court:	superior court appellate division
decided:	2010-04-16
status:	unpublished
citation:
Document Size:	49622

329 JANE COLCA f/k/a ANSON Cross- v. DAVID ANSON Cross- -- rank: 528

... David Anson cross-appeals. In addition to challenging the court's determinations requiring her to reimburse college expenses incurred for their ... circumstances presented, we conclude no error resulted from the court's order fixing child support, as plaintiff was not relieved of ... to support the parties' child. We affirm the trial court's order of support, including the obligation to pay the children's college expenses, and the award of attorney's fees. Following our review, however, we conclude it is necessary ... order addressing the parties' respective obligations for the parties' daughter's past college costs. We remand the matter for further ...

docket:	a1822-08
court:	superior court appellate division
decided:	2010-05-21
status:	published
citation:	413 N.J. Super. 405 995 A.2d 855
Document Size:	75268

330 Victor H. Dabah Personal Residence Trust v. Borough of Deal -- rank: 528

... Martin M. Barger, Esq. Reussille Law Firm, L.L.C. 149 Avenue At the Common, Suite 1 Shrewsbury, New Jersey 07702 ... No. 010067-2012 ______________ Dear Counsel: This letter constitutes the court’s decision following trial in the above-captioned matter. Plaintiff contests ... Both experts’ reports were admitted into evidence without objection. Plaintiff’s expert opined the value of the Subject as of the ... 503,300 assessment to $2,996,064), while the Borough’s expert opined the value as $3,700,000 (which would ... used by both experts are reliable indicators of the Subject’s value because all are located in the Borough and their ... reasonable and persuasive; rejecting the adjustments made by the Plaintiff’s expert for market conditions, age, partial ocean view, and ...

docket:	10067-12
court:	NJ Tax Court
decided:	2013-06-07
status:	unpublished
citation:
Document Size:	69963