Search Rutgers Law Library N.J. Court Opinions

271 /usr/local/share/www/libweb/collections/courts/appellate/a3262-17.opn.html -- rank: 497

... R. 1:38-3(c)(9); see also N.J.S.A. 2A:82-46. PER CURIAM Tried to a jury ... our consideration: I. THE [TRIAL] COURT . . . ERRED IN DENYING [DEFENDANT]'S MOTION TO SUPPRESS HIS CUSTODIAL STATEMENT AS IT WAS ELICITED ... CONSTITUTION. II. THE [TRIAL] COURT . . . BELOW ERRED IN DENYING [DEFENDANT]'S MOTION TO SUPPRESS HIS CUSTODIAL STATEMENT BECAUSE IT WAS TAKEN ... OF HIS CONSTITUTIONAL RIGHTS UNDER THE FIFTH AND SIXTH AMENDMENT[S] AND ART[ICLE] I, PARAGRAPH 10 OF THE NEW JERSEY CONSTITUTION. 2 Defendant's point headings fail to state 'the place in the record ... 6-2(a)(6). A-3262-17T2 2 III. [DEFENDANT]'S CONVICTION MUST BE OVERTURNED BECAUSE THE LEAD DETECTIVE IMPROPERLY ...

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272 STATE OF NEW JERSEY v. RALPH CALITRE -- rank: 497

... conviction for driving while under the influence (DWI), N.J.S.A. 39:4-50, and disregard of marked lanes, N.J.S.A. 39:4-88(b), pursuant to Rule 3:23 ... plea, requested discovery, and filed a motion to suppress defendant's statements to police, as well as a separate motion to ... and the interlocutory appeal was initially denied. On the State's application for reconsideration, however, heard and decided on July 1 ... hearing in the Law Division on September 10, 2010. Defendant's attorney requested the matter be carried once to September 23 ... on October 27, 2011, at a special session. The State's first witness was thoroughly examined and cross-examined. At ...

docket:	a2262-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-28
status:	unpublished
citation:
Document Size:	20560

273 LAWRENCE DENIKE, et al. v. MICHAEL CUPO -- rank: 497

... plaintiff and defendant soured, and plaintiff sought to buyout defendant's 50% interest in the company. After the parties could not ... plaintiff. Although on appeal the parties challenge the trial court's valuation of defendant's interest and its calculation of appropriate adjustments and credits, the ... an alleged appearance of impropriety created by the trial court's actions towards the end of the litigation. Indeed, defendant claims ... entry of the final judgment, the trial judge and plaintiff's counsel began negotiations for the judge's post-retirement association with counsel's firm, which occurred ...

docket:	a3597-05
court:	njappellate
decided:	0000-00-00
status:	published
citation:	394 N.J. Super. 357
Document Size:	100558

274 /usr/local/share/www/libweb/collections/courts/appellate/a0495-16.opn.html -- rank: 497

... brief in A-3129-16. A-0495-16T2 2 Michael S. Stein argued the cause for respondent (Pashman Stein Walder Hayden, PC, attorneys; Michael S. Stein and Dennis T. Smith, of counsel and on the ... appeals which arise from proceedings that followed the Supreme Court's remand in Sipko v. Koger, Inc., 214 N.J. 364 ... formed Koger, Inc. (Koger), gifted 1.5% of the company's stock to his two sons, plaintiff Robert Sipko and defendant ... Ras) Sipko, who were both actively involved in the company's business. 1 Id. at 369. The gift was not recorded ... with Robert and Ras each owning 50% of each company's shares.2 Ibid. The companies were formed as part ...

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275 STATE OF NEW JERSEY v. JANET MANISERA -- rank: 497

... PER CURIAM Defendant Janet Manisera appeals from the Law Division's August 22, 2013 order entered after a de novo trial ... found her guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50, her third DWI conviction; refusal to submit to a breath test, N.J.S.A. 39:4-50.4a; and the petty disorderly persons offense of improper behavior, N.J.S.A. 2C:33-2(a). The municipal court had found ... her guilty of DWI, refusal and resisting arrest, N.J.S.A. 2C:29-2(a). Defendant was sentenced to 180 ... days could be served in a treatment program. 1 Defendant's license was revoked for ten years, and appropriate fines ...

docket:	a0491-13
court:	NJ Superior Court Appellate Division
decided:	2015-06-19
status:	unpublished
citation:
Document Size:	39963

276 BJ AMERICA ELECTRIC, LLC v. BMW NORTH AMERICA, LLC and PARK AVENUE BMW -- rank: 497

... Law Division, Bergen County, Docket No. L-10063-14. Michael S. Kimm argued the cause for appellant (Kimm Law Firm, attorneys; Michael S. Kimm, on the briefs). Thomas J. Sateary argued the cause ... Plaintiff BJ America Electric, LLC appeals from the Law Division's January 30, 2018 order dismissing its claims against defendant BMW ... America, LLC under the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20, and for breach of ... the vehicle under the Uniform Commercial Code (UCC), N.J.S.A. 12A:2-608; an October 18, 2017 order compelling discovery of a portion of plaintiff's tax returns; and a December 18, 2017 order granting ...

docket:	a2517-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-08
status:	Unpublished
citation:
Document Size:	41642

277 STATE OF NEW JERSEY v. TYRONE SMITH -- rank: 497

... with three counts of first-degree sexual assault, N.J.S.A. 2C:14-2a(1) (counts one, nine, and seventeen ... four counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2a(2)(b) (counts two, ten, eighteen ... four counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(2)(c) (counts three, eleven, nineteen ... six); five counts of second-degre sexual assault, N.J.S.A. 2C:14-2b (counts five, thirteen, twenty-one, thirty ... counts of third-degree aggravated criminal sexual contact, N.J.S.A. 2C:14-3a (counts six, fourteen, twenty-two, and ... four counts of fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3b (counts seven, fifteen, twenty-three, ...

docket:	a0209-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-14
status:	unpublished
citation:
Document Size:	30341

278 ST. GEORGE'S DRAGONS, L.P. v. NEWPORT REAL ESTATE GROUP L.L.C. -- rank: 497

Original Wordprocessor Version This case can also be found at 407 N.J. Super. 464 or 971 A.2d 1087. NOT ... APPELLATE DIVISION DOCKET NO. A-5779-06T1 A-6115-06T1 S APPROVED FOR PUBLICATION June 3, 2009 APPELLATE DIVISION T. GEORGE'S DRAGONS, L.P., Plaintiff-Respondent/ Cross-Appellant, v. NEWPORT REAL ... INC. and PIVNICK REALTY GROUP, INC., Defendants-Respondents. _____________________________ ST. GEORGE'S DRAGONS, L.P., Plaintiff-Appellant/ Cross-Respondent, v. NEWPORT REAL ... A. Slama argued the cause appellant/cross-respondent St. George's Dragons in A-6115-06T1 and respondent/cross-appellant in ... Red Bank. The first-refusal clause was contained in Nazmiyal's lease with St. George's Dragons, L.P. (St. ...

docket:	a5779-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-06-03
status:	Published
citation:	407 N.J. Super. 464 971 A.2d 1087
Document Size:	66894

279 STATE OF NEW JERSEY v. JAMES L. ROGERS, JR -- rank: 494

... to submit to a chemical breath test (refusal), N.J.S.A. 39:4-50.4a, and displaying fictitious plates, N.J.S.A. 39:3- 33. On appeal, defendant asserts the following ... IV: THE LAW DIVISION ERRED IN NOT FINDING THAT DEFENDANT'S SPEEDY TRIAL RIGHTS WERE VIOLATED. After reviewing the record and ... evidence pertinent to the issues on appeal. Because of defendant's claim his right to a speedy trial was violated, see Barker v. Wingo, 407 U.S. 514, 522 (1972), we also detail the procedural ...

docket:	a2820-16
court:	NJ Superior Court Appellate Division
decided:	2019-05-03
status:	Unpublished
citation:
Document Size:	45058

280 STATE OF NEW JERSEY v. CRAIG SZEMPLE, -- rank: 494

... was delivered by STERN, P.J.A.D.     After defendant's motion to dismiss the indictment on speedy trial grounds was ... defendant argues:     POINT I    THE COURT ERRED IN DENYING DEFENDANT'S MOTION             TO DISMISS THE INDICTMENT BECAUSE THE DEFENDANT'S             SIXTH AMENDMENT CONSTITUTIONAL RIGHT TO A SPEEDY             TRIAL WAS VIOLATED     POINT II    THE COURT ERRED IN DENYING DEFENDANT'S MOTION             TO DISMISS THE INDICTMENT BECAUSE THE DEFENDANT'S             SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF             COUNSEL WAS VIOLATED ... III    THE TRIAL COURT COMMITTED REVERSIBLE ERROR             BY ABROGATING DEFENDANT'S ASSERTION OF HIS             SIXTH AMENDMENT RIGHT OF SELF-REPRESENTATION      ...

docket:	a5965-97
court:	njappellate
decided:	2000-06-22
status:	published
citation:	332 N.J.Super. 322
Document Size:	16846

281 STATE OF NEW JERSEY v. RAFAEL RAMOS, III -- rank: 491

... questioning the driver and defendant, the officer obtained the driver's 1 consent to search the vehicle and found controlled dangerous ... stop into a de facto arrest, which voided the driver's consent to allow the vehicle to be searched. Defendant also challenges his sentence's two-year period of parole ineligibility, contending that the court ... Turning. 2 On April 16, 2012, Tallarico observed the driver's SUV leaving a wooded area, which bore a "No Trespassing ... SUV, Tallarico ran the license plate and determined the SUV's registration was expired. According to Tallarico, he stopped the vehicle ... side where defendant was seated. In response to the officer's request, the driver produced a driver's license, an ...

docket:	a0724-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-06
status:	unpublished
citation:
Document Size:	34281

282 IN THE MATTER OF THE ESTATE OF AURELIA DEFRANK -- rank: 491

... by the Multiple-Party Deposit Account Act (MPDA), N.J.S.A. 17:16I-1 to -17, and that upon decedent's death, the accounts passed outside of probate by survivorship to defendant. That same order denied plaintiff's cross-motion for summary judgment claiming the existence of a ... this matter comes to us essentially from the motion court's grant of summary judgment in favor of defendant (the prevailing ... 56 n.1 (2012). The parties are sisters and decedent's only children. Aurelia DeFrank died on August 18, 2009, her husband having predeceased her in 1987. Decedent's last Will dated March 21, 2002, and admitted to ...

docket:	a4622-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-15
status:	published
citation:	433 N.J.Super. 258 78 A.3d 595
Document Size:	38616

283 STATE OF NEW JERSEY v. CHINUA S. ANDERSON -- rank: 488

... A-0 STATE OF NEW JERSEY, Plaintiff-Respondent, v. CHINUA S. ANDERSON, Defendant-Appellant. ____________________________________ June 8, 2017 Argued October 11, 2016 ... Lichter, Deputy Attorney General, argued the cause for respondent (Christopher S. Porrino, Attorney General, attorney; Ms. Lichter, of counsel and on ... THE CASE. (NOT RAISED BELOW). POINT II THE TRIAL COURT'S DECISION TO ALLOW THE JURORS TO TAKE NOTES WHEN THEY ... SURVEILLANCE VIDEO WAS AN ABUSE OF DISCRETION; MOREOVER, THE COURT'S FAILURE TO GIVE THE MODEL INSTRUCTION ON NOTETAKING WAS ALSO ... an indictment charging defendant with first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (2) (count one ... a weapon for an unlawful purpose, a knife, N.J.S.A. 2C:39-4(d) (count two); fourth-degree ...

docket:	a4654-13
court:	NJ Superior Court Appellate Division
decided:	2017-06-08
status:	unpublished
citation:
Document Size:	41967

284 MERCK CO., INC. v. ACE AMERICAN INSURANCE COMPANY -- rank: 488

... 2003, 4444, 4472 and 5555, and CONSORTIUM 9536 AT LLOYD'S, LONDON, WESTPORT INSURANCE CORPORATION, XL INSURANCE AMERICA, INC., ASSICURAZIONI GENERALI S.P.A., HANNOVER RÜCK SE, HELVETIA SCHWEIZERISCHE VERSICHERUNGSGESELLSCHAFT AG ... COMPANY OF PITTSBURGH, P.A., SYNDICATE NO. 1183 AT LLOYD'S LONDON, ZURICH AMERICAN INSURANCE COMPANY, MAPFRE GLOBAL RISKS, COMPAÑIA INTERNACIONAL DE SEGUROS Y REASEGUROS S.A., and VIENNA INSURANCE GROUP AG, Defendants-Appellants. __________________________________ Argued February ... A-1879-21 2 Company, Syndicate No. 1183 at Lloyd's London, Mapfre Global Risks, Compañía Internacional de Seguros ... defendants after a cyberattack infected and damaged thousands of plaintiff's computers in its global network. Defendants denied coverage under ...

docket:	a1879-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-01
status:	Published
citation:
Document Size:	63819

285 S.N v. M.G.R -- rank: 488

... it had become final when the DEP denied MW Association's request for a hearing. On an interlocutory motion, a two ... appeal. A-2491-20 2 We hold that the DEP's FHA Determination became a final agency decision subject to appeal when the DEP denied MW Association's request for an adjudicatory hearing to challenge the FHA Determination ... Accordingly, on this appeal, we address both (1) the DEP's April 6, 2021 decision denying MW Association's request for an adjudicatory hearing; and (2) the DEP's February 23, 2017 FHA Determination. We hold that MW ...

docket:	a2491-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-20
status:	Unpublished
citation:
Document Size:	54062