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166 STATE OF NEW JERSEY v. -- rank: 627

... was delivered by WECKER, J.A.D.     This is defendant's appeal from a conviction for driving while intoxicated (DWI), as proscribed by N.J.S.A. 39:4-50. After being found guilty in the ... Division, where a trial de novo again resulted in defendant's conviction. He was sentenced just as he was in municipal ... driving privileges. Motor vehicle offenses of careless driving, N.J.S.A. 39:4-97, and failure to wear a seatbelt, N.J.S.A. 39:3-76.3, were merged with defendant's DWI conviction. Defendant also was required to complete an ...

docket:	a4283-04
court:	njappellate
decided:	2006-06-07
status:	published
citation:	*CITE_PENDING*
Document Size:	45354

167 STATE OF NEW JERSEY v. MICHAEL A. PARLIN -- rank: 627

... facts. Defendant was a life-long friend of the child's mother, and he stayed at their home from time-to ... the middle of the night and felt one of defendant's hands down her pants and the other under her shirt ... m., the mother woke up and saw that her daughter's bedroom light was on and the girl was awake looking ... shocked." She questioned her daughter, and the girl said: "it's Uncle Big Bird . . . I fell asleep down there and when ... took her to the police. A detective from the prosecutor's office spoke to the girl, videotaping the entire interview. The ... on three counts: first-degree aggravated sexual assault, N.J.S.A. 2C:14-2a(1); second-degree sexual assault ...

docket:	a2576-08
court:	NJ Superior Court Appellate Division
decided:	2011-06-03
status:	unpublished
citation:
Document Size:	74980

168 ESSIE WILSON v. PARADISE VILLAGE BEACH RESORT AND SPA, et al. -- rank: 624

... found at 395 N.J. Super. 520 or 929 A.2d 1122. (NOTE: The status of this decision is Published .) (NOTE ... VILLAGE BEACH RESORT AND SPA, PARADISE VACATION CLUB, IMPULSORA CANAMEX, S.A., DE C.V., Defendants-Respondents. ____________________________________ Submitted January 17, 2007 ... question presented by this appeal is whether a Mexican resort's participation in advertisements placed by airlines and travel agencies in newspapers distributed in New Jersey and the resort's maintenance of websites that can be accessed by New Jersey ... Village), which is managed by defendant Conjunto Desarrollo Marina Mar S.A. de C.V. (Conjunto), a Mexican corporation. Plaintiff was ... and manage reservations for timeshare owners. As a member, plaintiff's daughter has received correspondence from PVC mailed from its ...

docket:	A3055-05
court:	NJ Superior Court Appellate Division
decided:	2007-08-10
status:	published
citation:	395 N.J. Super. 520 929 A.2d 1122
Document Size:	56218

169 Tahisha Roach v. BM Motoring, LLC -- rank: 624

... under the New Jersey Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -204, for treble damages and ... or otherwise respond to the claim. The AAA dismissed Jackson’s arbitration claim for non-payment of fees. Six months after ... because BM had previously failed to comply with the AAA’s rules and procedures. Roach did not receive a response from ... Arbitration Act and the New Jersey Arbitration Act, N.J.S.A. 2A:23B-1 to -32, arbitration agreements rest on ... Section 241 of the Restatement (Second) of Contracts (1981). Subsection (e) of Section 241 implicates the obligation of good faith and ... Circuit Courts of Appeals both have held that a party’s failure to pay required fees constitutes a material breach ...

docket:	A-69-15
court:	NJ Supreme Court
decided:	2017-03-09
status:
citation:	228 N.J. 163 155 A.3d 985
Document Size:	95062

170 W9/PHC REAL ESTATE LP. v. FARM FAMILY CASUALTY INSURANCE COMPANY -- rank: 624

... found at 407 N.J. Super. 177 or 970 A.2d 382. (NOTE: The status of this decision is .) NOT FOR ... that action. Plaintiffs sought coverage as additional insureds under Crabtree's liability insurance policy with defendant, Farm Family. The trial court held that defendant's coverage was coprimary with plaintiffs' coverage under their own policy ... and the other for payment only when the other insurer's limit is exhausted. We reverse because defendant Farm Family's policy was excess coverage over plaintiffs' policy with Zurich. Since ... policy with Zurich, the excess other-insurance clause in defendant's policy with Crabtree was never reached and defendant was ...

docket:	a1618-07
court:	NJ Superior Court Appellate Division
decided:	2009-05-20
status:	published
citation:	407 N.J. Super. 177 970 A.2d 382
Document Size:	100920

171 STATE OF NEW JERSEY v. R.F -- rank: 624

... between July 1, 2003 and July 31, 2003, N.J.S.A. 2C:24-4a (count five). Following a trial, a ... pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:7-1 to -19. On appeal, defendant raises ... THE TRIAL COURT ABUSED ITS DISCRETION IN ADMITTING THE DEFENDANT'S PURPORTED OUT-OF-COURT STATEMENT, "K.F. DOES IT ALL ... TIME," AS A DECLARATION AGAINST INTEREST. POINT III - THE DEFENDANT'S RIGHT TO A FAIR TRIAL WAS PREJUDICED BY COMMENTS MADE ... NOT RAISED BELOW). POINT IV - THE PROSECUTOR VIOLATED THE DEFENDANT'S DUE PROCESS RIGHT UNDER THE FIFTH AMENDMENT AND THE DEFENDANT'S RIGHT TO CONFRONTATION UNDER THE SIXTH AMENDMENT BY INTENTIONALLY ...

docket:	a1604-07
court:	NJ Superior Court Appellate Division
decided:	2009-05-15
status:	unpublished
citation:
Document Size:	102449

172 EMC MORTGAGE CORPORATION v. ISHAQUE CHAUDHRI -- rank: 624

... LIHOTZ, J.A.D. We reverse the dismissal of plaintiff's foreclosure complaint. We conclude the motion judge erred in interpreting ... notice requirements of the Fair Foreclosure Act (FFA), N.J.S.A. 2A:50-53 to -68 , and incorrectly imposed an ... The assi g n ment agreement was recorded . T h e Chaudhris defaulted on the mortgage obligation, and o n October ... received an assignment of the mortgage and proceeded on Unicor's behalf to prosecute the foreclosure action. On September 11, 2002 ... t he Chancery Division judge (the trial judge) dismissed Unicor ' s complaint , without prejudice, citing t hree reasons . First, Unicor failed ... mortgage it had received from Unicor . After dismissal of Unicor ' s complaint, t he Chaudhris filed a motion to discharge ...

docket:	a5261-06
court:	njappellate
decided:	2008-04-21
status:	published
citation:	*CITE_PENDING*
Document Size:	102342

173 PAUL COLLURA v. NEW JERSEY MOTOR VEHICLE COMMISSION -- rank: 621

... Law Division, Bergen County, Docket No. L-10396-10. Frederick E. Gerson argued the cause for appellant (Feitlin, Youngman, Karas & Gerson ... prejudice his complaint alleging causes of action under 42 U.S.C.A. § 1983 against these defendants. 1 On appeal ... The circuitous events leading to the police seizure of plaintiff's car as disclosed in the motion record are as follows ... Autocarry.com (Autocarry) to transport it from Arizona to Autocarry's Lodi lot. Cindrich explained the vehicle was broken into in ... Bertone interviewed Cindrich on February 23, 2009, and reviewed Cindrich's documents pertaining to the vehicle, including title issued by the ... the vehicle taken in 2006 after it arrived at Autocarry's Lodi lot. When Detective Bertone inquired why Cindrich waited ...

docket:	a4598-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-11
status:	unpublished
citation:
Document Size:	44236

174 SOPHARIE LEANG et al. v. JERSEY CITY BOARD OF EDUCATION, -- rank: 621

... be found at 399 N.J.Super. 329, 944 A.2d 675. (NOTE: The status of this decision is unpublished .) FOR ... Nations in the Industrial Development Organization. She earned a bachelor's degree in French at the University of Vienna. Because Song ... candidate in French. While enrolled there, she earned a master's degree in urban education, concentrating in English as a second ... City public schools between 1982 and 2001. English is Sopharie's fifth language after Cambodian, French, German and Spanish, although it ... In her November 26, 2001, formative observation by Bruno, Sopharie's overall ratings showed "satisfactory" in three "domain" areas, "Planning and ... 13, 2001, Bruno recommended to the Associate Superintendent that Sopharie's employment be terminated despite the generally satisfactory ratings Bruno ...

docket:	a5777-05
court:	njappellate
decided:	2008-04-02
status:	published
citation:	399 N.J.Super. 329
Document Size:	176360

175 THOSE CERTAIN UNDERWRITERS AT LLOYD'S, LONDON SUBSCRIBING TO POLICY NUMBER BUY1780 v. CLEOPATRA, LLC -- rank: 618

... DIVISION DOCKET NO. A-0 THOSE CERTAIN UNDERWRITERS AT LLOYD'S, LONDON SUBSCRIBING TO POLICY NUMBER BUY1780, Plaintiff-Respondent/ Cross-Appellant ... PER CURIAM This appeal arises out of a property insurer's denial of a claim resulting from wind and water damage to a Wildwood motel allegedly caused by 2009's Hurricane Ida and related nor'easter. The dispute involves claims ... Cleopatra, LLC d/b/a Eden Roc Motel (Cleopatra); Cleopatra's owner, Affifa Michael; property insurer Those Certain Underwriters at Lloyd's, London subscribing to Policy No. BUY1780 (Lloyd's); insurance broker KK Insurance Agency, Inc. (KK); and one ...

docket:	a1312-12
court:	NJ Superior Court Appellate Division
decided:	2013-11-20
status:	unpublished
citation:
Document Size:	67858

176 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.L.A. -- rank: 618

... Part, Camden County, Docket No. FG-04-0176-17. Anne E. Gowen, Designated Counsel, argued the cause for appellant (Joseph E. Krakora, Public Defender, attorney; Anne E. Gowen, on the briefs). Jennifer A. Lochel, Deputy Attorney General, argued the cause for respondent (Gurbir S. Grewal, Attorney General, attorney; Melissa H. Raksa, Assistant Attorney General ... V. Alexander, Designated Counsel, argued the cause for minor (Joseph E. Krakora, Public Defender, Law Guardian, attorney; Meredith A. Pollock, Deputy ... all of his children. A-1991-17T1 2 M.Z.'s surrenders came as the result of previous involvement with ...

docket:	a1991-17
court:	NJ Superior Court Appellate Division
decided:	2018-11-05
status:	Unpublished
citation:
Document Size:	52694

177 CYNTHIA TEETERS v. DIVISION OF YOUTH AND FAMILY SERVICES -- rank: 615

... the Government Records Council (Council) denying an award for attorney's fees incurred in seeking access to certain public records via ... was not a 'prevailing party' and . . . not entitled to attorney's fees pursuant to OPRA." We reverse and remand. The matter began with petitioner's complaint filed with the Division of Youth and Family Services ... justification. In a formal response dated November 6, 2002, DYFS's custodian of records stated that none of the documents described ... The additional disclosure fell short of full compliance with petitioner's requests, however. On February 5 and 6, 2003, the Council's Executive Director made preliminary findings and recommendations regarding the ...

docket:	a5494-04
court:	njappellate
decided:	2006-08-15
status:	published
citation:	*CITE_PENDING*
Document Size:	60965

178 Sopharie Leang, et al. v. Jersey City Board of Education, et al. -- rank: 612

... also be found at 198 N.J. 557, 969 A.2d 1097. SYLLABUS (This syllabus is not part of the opinion ... that statement in light of what he described as Leang’s “bizarre behavior” and her “stressed out and . . . very ... eventually to Bruno. Leang was then escorted to the nurse’s office. When Bruno and the school board’s social worker attempted to speak with Leang about the incident ... than by a faculty member, defendant Jersey City Police Department’s Emergency Services Unit (ESU) was summoned in response to Leang’s behavior. ESU was accompanied by defendant Jersey City Medical ...

docket:	a-21-08
court:
decided:	2009-04-16
status:
citation:	198 N.J. 557
Document Size:	124015

179 John Ross v. Karen Lowitz -- rank: 612

... violations of the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq . The trial court ... from unreasonable interference with the use and enjoyment of another’s property. Liability is generally imposed where tortious conduct is shown ... Liability for trespass exists upon an intentional entry onto another’s land, regardless of harm. Liability can also exist if a ... as a result of an abnormally dangerous activity, enters another’s land and the entry causes harm. Liability for a continuing trespass arises with the continued presence on another’s land of a structure, chattel or other thing which the ... by these parties. The alleged delay by the former homeowner’s insurers in remediating the contamination does not constitute a ...

docket:	A-101-13
court:	NJ Supreme Court
decided:	2015-08-06
status:
citation:
Document Size:	123556

180 STEVEN COHEN v. GINAMARIE F. CUOMO -- rank: 612

... Law Division, Mercer County, Docket No. L-0270-04. Dennis S. Brotman argued the cause for appellant (Fox Rothschild, LLP, attorneys ... J. Gentile, of counsel; Mr. Hartigan, on the brief). Abbott S. Brown argued the cause for amicus curiae The Association of ... did not suffer permanent injuries as required by N.J.S.A. 39:6A-8. On appeal, in addition to arguing ... June 12, 2002, at approximately 9:00 p.m., plaintiff's vehicle, while traveling northbound on Yardville Hamilton Square Road nearing the Klockner Road intersection, was struck by defendant's vehicle, which was traveling on the same road in the ... opposite direction, when she turned left in front of plaintiff's oncoming car. Immediately after the accident, plaintiff told his ...

docket:	a1964-07
court:	NJ Superior Court Appellate Division
decided:	2009-08-21
status:	unpublished
citation:
Document Size:	115185