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346 NICHOLAS C. SPATAFORE v. WELLS FARGO BANK, N.A. -- rank: 553

... with Wells Fargo. In February 2011, Wells Fargo increased Spatafore's monthly mortgage payment to $3,044.80 because it advanced ... On October 29, 2011, with a letter to Wells Fargo's Cashier's Department, Spatafore made one final partial payment of $135 by ... for foreclosure, which Spatafore answered. In ruling on Wells Fargo's summary judgment motion in February 2013, Judge Anne McDonnell rejected Spatafore's accord and satisfaction defense. Citing to the definition of "good faith" in New Jersey's Uniform Commercial Code (UCC), N.J.S.A. 12A: ...

docket:	a3448-13
court:	NJ Superior Court Appellate Division
decided:	2016-09-14
status:	unpublished
citation:
Document Size:	29360

347 JOHN KINSELLA VS MARY KINSELLA -- rank: 553

... and defendant shall each sign authorizations enabling the other party's counsel to obtain all their psychiatric, psychological and other therapists ... shall be released to the parties . . . ."     We granted Mr. Kinsella's motion for leave to appeal from that order. Ms. Kinsella ... 1982, and Anastasia, born on September 14, 1985.     Mr. Kinsella's complaint charges his wife with extreme cruelty. He alleges that ... counts of her counterclaim, Ms. Kinsella asserts that her husband's behavior has caused her "serious and permanent physical, emotional and ... inflicted physical and emotional trauma upon her."      The trial judge's rationale for granting each of the parties access to the other's records is that the release of the psychological records ...

docket:	a002-95
court:	njappellate
decided:	1996-02-06
status:	published published
citation:	287 N.J.Super. 305
Document Size:	32526

348 CHRISTINE ANN DEVERS v. JEFFREY ERIC DEVERS -- rank: 550

... Part, Essex County, Docket No. FM-07-1537-09. Jeffrey S. Mandel argued the cause for appellant. Jeffrey P. Weinstein argued ... our examination of the merits and conclude the trial judge's jurisdictional holding was erroneous. In 2009, Christine commenced this action ... binding and enforceable upon each party' with one exception: Christine's claim to the Gauss account. The trial 1 The trial ... 2 judge ordered a plenary hearing to take up Christine's argument that the Gauss account is a marital asset and Jeffrey's argument that the account is not a marital asset but ... appointment of a fiduciary manager for Gauss LLC. Notwithstanding Christine's argument that the issue could be decided as a ...

docket:	a4481-19
court:	NJ Superior Court Appellate Division
decided:	2022-04-11
status:	Published
citation:
Document Size:	24190

349 STATE OF NEW JERSEY v. BRIAN WILSON -- rank: 546

... Deputy Public Defender, of counsel and on the brief; Daniel S. Rockoff, on the brief); James P. McClain, Atlantic County Prosecutor ... Newmones by a grand jury sitting in Atlantic County. Defendant's first trial in 2004 resulted in a hung jury. His ... guilty of murder but guilty of reckless manslaughter. N.J.S.A. 2C:11-4(b)(1). He was sentenced to ... would visit Atlantic City, he would stay at his grandmother's house. On occasion, defendant would accompany Parker to Atlantic City. On August 11, 1984, Parker's cousin, Derrick Ingram, was shot in the back in Atlantic ... Ingram was shot and Newmones was responsible for giving Parker's mother the narcotics. Ingram testified that the three men ...

docket:	a5607-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-05-04
status:	Published
citation:
Document Size:	37953

350 STATE OF NEW JERSEY v. JASON PETTIS -- rank: 546

... Pettis was convicted of second-degree aggravated assault, N.J.S.A. 2C:12-1b(1), as a lesser-included offense of first-degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3a(1) or (2) (count one); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b (count two); and second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count three). In a second ... possession of a weapon by a prohibited person, N.J.S.A. 2C:39-7b. On December 22, 2011, defendant ...

docket:	a3508-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-27
status:	unpublished
citation:
Document Size:	39697

351 MARY E. CAIN v. MERCK & CO., INC. -- rank: 543

Original Wordprocessor Version This case can also be found at 415 N.J. Super. 319 or 1 A.3d 834. (NOTE ... Chancery Division, Union County, Docket No. C-134-08. Douglas S. Eakeley argued the cause for appellant (Lowenstein Sandler, attorneys; Mr ... address whether the New Jersey Business Corporation Act, N.J.S.A. 14A:1-1 to 14A:16-4, entitles shareholders ... these questions centers on the proper construction of N.J.S.A. 14A:5-28 does not permit shareholders to examine ... those examinations are limited to documents relevant to the shareholder's proper purpose, in this case the allegations regarding the ENHANCE ... II We first address the question of whether N.J.S.A. 14A:5-28 allows shareholders to inspect the ...

docket:	a2138-08
court:	superior court appellate division
decided:	2010-08-17
status:	Published
citation:	415 N.J. Super. 319 1 A.3d 834
Document Size:	39829

352 STATE OF NEW JERSEY v. MARTIN DELVALLE -- rank: 543

... informant and the subsequent seizure of oxycodone pills from defendant's residence. The same jury thereafter convicted defendant of certain persons ... have weapons and related firearm offenses. After denying the State's motion for a discretionary extended term, the trial court ordered ... WAS ALSO FACING WEAPONS CHARGES. IN ADDITION, THE TRIAL COURT'S FAILURE TO GIVE THE 'KOCIOLEK 1 Miranda v. Arizona, 384 U.S. 436 (1966). A-5586-17 2 CHARGE' ABOUT DEFENDANT'S UNRECORDED AND INCRIMINATING STATEMENTS DEPRIVED DEFENDANT OF A FAIR ...

docket:	a5586-17
court:	NJ Superior Court Appellate Division
decided:	2022-03-03
status:	Unpublished
citation:
Document Size:	45724

353 FRANK K. COOPER REAL ESTATE 1, INC. v. CENDANT CORPORATION -- rank: 543

... acknowledges that MDM will receive its fees out of Keefe's share of the fees. A-1482-16T3 6 The class ... J. 292, 334- 35 (1995) (quoting Hensley v. Eckerhart, 461 U.S. 424, 433 (1983)). Thereafter, in January 2010, ZSZ sent an ... evidentiary hearing be held. Accordingly, in its order denying ZSZ's motion, the trial court directed that [t]wo issues are ... binding arbitration under the New Jersey Arbitration Act, N.J.S.A. 2A:23B-1 to -32. 'Fee Dispute' was A ... New Jersey Supreme Court. They also agreed that the arbitrator's legal conclusions would be reviewed 'de novo,' but factual ...

docket:	a1482-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-06
status:	Unpublished
citation:
Document Size:	44247

354 STATE OF NEW JERSEY IN THE INTEREST OF I.W. -- rank: 540

... an adult, sexual assault in the second degree ( N.J.S.A. 2C:14-2b ). The following factual and procedural history ... the children were playing in the bedroom of V.B.'s apartment while she prepared food in the kitchen. When she ... what V.B. observed in the bedroom and I.W.'s reaction to P.O. not being permitted to sleep over ... V.B. testified she was very distressed by her daughter's statements, but waited until she "calm[ed] down" before reporting ... A.. After five weeks passed, V.B. relayed P.O.'s story to her social worker. On August 15, 2007, Investigator Kent Arroya from the Middlesex County Prosecutor's Office interviewed V.B. and P.O., separately and ...

docket:	a4163-07
court:	NJ Superior Court Appellate Division
decided:	2009-05-27
status:	unpublished
citation:
Document Size:	49800

355 STATE OF NEW JERSEY v. LUIS MANGUAL -- rank: 540

... indictments: the first-degree murder of Jose Alfaro, N.J.S.A. 2C:11-3(a); second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b); second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a); and second-degree being a ... entitled to be in possession of a handgun, N.J.S.A. 2C:39-7(b). He was sentenced to an ... term, subject to the No Early Release Act, N.J.S.A. 2C:43-7.2. Defendant appeals, presenting numerous issues ... is warranted to address errors of constitutional dimension affecting defendant's right to a fair trial'; (11) 'the cumulative effect ...

docket:	a5137-17
court:	NJ Superior Court Appellate Division
decided:	2021-02-22
status:	Unpublished
citation:
Document Size:	43022

356 DEB ASSOCIATES v. GREATER NEW YORK MUTUAL INSURANCE COMPANY -- rank: 540

... and on the brief; Christopher Klabonski, on the brief). Thomas S. Novak argued the cause for respondent (Sills Cummis & Gross, attorneys ... and the windows, on the north side of the building's seventh floor facing Route 38. Debris from the collapse fell ... occupancy, cost approximately a half-million dollars. While GNY, plaintiff's insurer, agreed to pay for repairs to the seventh floor ... adoption of the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 to -141. There is no evidence ... code violations. 2 II Our review of the trial court's summary judgment order is plenary, using the same Brill 3 ... ripe for summary judgment, and we conclude that Judge Espinosa's decision correctly applied the law to the undisputed facts. ...

docket:	a5308-07
court:	NJ Superior Court Appellate Division
decided:	2009-06-01
status:	published
citation:	407 N.J. Super. 287 970 A.2d 1074
Document Size:	50206

357 SELECTIVE INSURANCE COMPANY OF AMERICA v. SCOTT SINGER -- rank: 540

... COMPANY, Plaintiffs-Respondents, v. SCOTT SINGER, TODD SINGER, D.D.S., REGNIS MANAGEMENT LLC, f/k/a BDC MANAGEMENT LLC, BRIGHTER ... PRINCETON, Defendants-Appellants, and SCOTT SINGER, TODD SINGER, D.D.S., and REGNIS MANAGEMENT LLC, f/k/a BDC MANAGEMENT LLC ... Party Plaintiff- Respondent, v. SCOTT SINGER, TODD SINGER, D.D.S., REGNIS MANAGEMENT LLC, f/k/a BDC MANAGEMENT LLC, SELECTIVE ... Holdings, Inc. (BDIP Holdings). BDIP owned 59.14% of BDCMS's voting shares, BDIP Holdings owned all of BDIP's shares, and Topspin owned 60.67% of BDIP Holdings. In ... to May 2016. In the business liability portion of Selective's policy, it agreed to 'pay those sums that insured ...

docket:	a2165-20
court:	NJ Superior Court Appellate Division
decided:	2023-06-19
status:	Unpublished
citation:
Document Size:	61812

358 John J. Williams v. The Port Authority of New York and New Jersey -- rank: 536

... Division to exercise jurisdiction, the panel determined that New Jersey’s decisional law regarding apportionment of occupational disease disability among successive ... The dissenting member of the panel concluded that the majority’s reliance on Bond and Earl was misplaced, asserting that the ... based on the dissent in the Appellate Division. HELD : Petitioner’s exposure to allegedly harmful chemicals during four months of his ... cases that caused injury in New Jersey (thereby satisfying Larson’s place of injury extraterritoriality requirement) involved claims that allegedly satisfied the Act’s requirements for a compensable accident. For extraterritorial purposes, while a ... and JUSTICES VERNIERO, LaVECCHIA, and ALBIN join in JUSTICE COLEMAN’s opinion. JUSTICE LONG has filed a separate dissenting opinion, ...

docket:	a-99-01
court:	njsupreme
decided:	2003-01-14
status:
citation:	175 N.J. 82
Document Size:	57572

359 STATE OF NEW JERSEY v. TERRANCE WILLIAMS -- rank: 536

... J. De Fazio, Hudson County Prosecutor, attorney for respondent (Jordan S. Goldsmith, Assistant Prosecutor, on the brief). PER CURIAM Following the ... possession of a controlled dangerous substance (CDS) (heroin), N.J.S.A. 2C:39-59b (count six); and fourth-degree resisting arrest by flight, N.J.S.A. 2C:29-2a (count ten). The jury acquitted defendant ... unlawfully against the person or property of another, N.J.S.A. 2C:39-4a (count five); and second-degree eluding police, N.J.S.A. 2C:29-2b (count eleven). Defendant subsequently entered an ... guilty plea to count nine in exchange for the State's agreement to a ten-year term of imprisonment with ...

docket:	a4891-06
court:	superior court appellate division
decided:	2010-05-25
status:	unpublished
citation:
Document Size:	50991

360 JENNIFER P. GERBER, an infant by her Guardian Ad Litem, FRANCINE GERBER, and RICHARD et al. v. SPRINGFIELD BOARD OF EDUCATION, et al -- rank: 536

... pain and suffering under the Tort Claims Act, N.J.S.A. 59:1-1 to 12-3, and whether the ... in the present litigation. The motion judge concluded that plaintiff's injuries did not meet the requirements of 150 N.J ... the school superintendent, wrote to Francine and Richard Gerber, plaintiff's parents, in May 1994, in response to their grievances. His letter concerned plaintiff's general welfare and her safety in the School.     The situation ... and Hunter entered English class. Hunter then went to plaintiff's desk, pulled her out of her chair and threw her ... teacher from across the hall took plaintiff to the nurse's office, where, despite the fact that plaintiff was wounded ...

docket:	a6662-97
court:	njappellate
decided:	2000-02-03
status:	published
citation:	328 N.J.Super. 24
Document Size:	27812