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406 /usr/local/share/www/libweb/collections/courts/appellate/a0597-17.opn.html -- rank: 622

... multiple IA investigations against him in retaliation for his brother's political activities.1 In his suit, plaintiff asserted breach of ... granted dismissal motions filed by each defendant, after determining plaintiff's complaint failed to state a claim upon which relief could ... simultaneously with this opinion, we vacate the dismissal of plaintiff's case against the Township in Carifi I and remand for ... two years. Carifi II settled before trial. 2 N.J.S.A. 2A:38A-1 to -6. A-0597-17T1 3 ... count three); defamation (count four); a violation of N.J.S.A. 2A:38A-3, computer tampering causing damage (count five ... of the public good (count eight); breach of public official's fiduciary duty (count nine); malicious misrepresentation causing harm (count ...

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Document Size:	97262

407 STATE OF NEW JERSEY v. MARK JACKSON, -- rank: 622

... cause for amicus curiae Attorney General of New Jersey (Gurbir S. Grewal, Attorney General, attorney; Sarah C. Hunt, of counsel and ... 0022-18T2 2 On leave granted, the Middlesex County Prosecutor's Office appeals from orders suppressing the content of inmate telephone ... the recorded phone calls at issue here, and the Prosecutor's Office was authorized to obtain the recordings witho ut a ... superseding indictment with third-degree receiving stolen property, N.J.S.A. 2C:20-7, and third-degree witness tampering, N.J.S.A. 2C:28-5(a). The original offense arose from defendant's alleged possession of approximately $2600 in change stolen from ...

docket:	a0022-18
court:	NJ Superior Court Appellate Division
decided:	2019-07-19
status:	Published
citation:	460 N.J.Super. 258 214 A.3d 211
Document Size:	40257

408 STATE OF NEW JERSEY v. DARNELL STEWART -- rank: 622

... term with a sixty-year period of parole ineligibility. Defendant's conviction was upheld on direct appeal. 1 State v. Stewart ... had improperly imposed two extended terms, contrary to N.J.S.A. 2C:44- 5(a)(2). Because defendant previously had been convicted of ... without a period of parole ineligibility pursuant to N.J.S.A. 2C:43-6.4(b). Defendant did not appeal ... October 23, 2014, at approximately 7:00 a.m., B.S.2 was physically attacked and sexually assaulted in Camden. B.S. testified her attacker hit her in the face, grabbed ...

docket:	a5142-14
court:	NJ Superior Court Appellate Division
decided:	2017-12-05
status:	unpublished
citation:
Document Size:	65884

409 STATE OF NEW JERSEY VS ERNEST WILKERSON -- rank: 622

... distribution of a controlled dangerous substance (CDS) (cocaine) ( N.J.S.A. 2C:20-3a and See footnote 1 His attorney ... a well-written letter opinion concluded that all of Wilkerson's petitions were filed at least six years and nine months ... excusable neglect. Moreover, on the merits, the judge rejected Wilkerson's claim of ineffective assistance of counsel.     We agree with Judge Smithson's findings and conclusions. Clearly, Wilkerson's petitions were all filed beyond the time period allowed by ... denied , 145 N.J. 373 (1996). Moreover, all of Wilkerson's claims are essentially without merit. R. 2:11-3( ...

docket:	a3270-97
court:	njappellate
decided:	1999-04-23
status:	published
citation:	321 N.J.Super. 219
Document Size:	27347

410 H. Scott Gurvey by Amy R. Gurvey, Esq. v. Montclair Township -- rank: 622

... Mrs. Gurvey and Mr. Gordon, This letter constitutes the court’s opinion with respect to plaintiffs’ motions: (1) to compel discovery ... file an amended complaint; and (6) to vacate the court’s December 14, 2011 order, enter reassessment effective December 14, 2011 ... to: (i) furnish plaintiffs with answers to the Tax Court’s Standard Interrogatories to be Served on Municipality within sixty (60 ... retained by plaintiffs’ homeowners insurance carrier. According to that consultant’s report, chrysotile asbestos fibers existed in a sample taken from ... be occupied or sold.” However, according to plaintiffs, defendant’s tax assessor did not respond to those letters. 3 In ... udgment, under appeal no. 13-0900497, reducing the subject property’s 2009 tax year assessment from $925,400 to $852, ...

docket:	000339-20
court:	NJ Tax Court
decided:	2017-05-08
status:	unpublished
citation:
Document Size:	226603

411 In the Matter of the Estate of ELIZABETH HULL VAYDA, Deceased. -- rank: 619

... subject of this appeal. First, Peter appeals the trial court's award of counsel fees to Katherine in the amount of ... the estate. Katherine, in turn, cross-appeals the trial court's conclusion that Peter was entitled to $39,960 from the ... litigation in 2001 seeking an accounting of the estate, Peter's removal as executor of Elizabeth's estate, and the appointment of herself in his stead. Prior ... to amend her complaint and sought a declaration that Elizabeth's will was the product of Peter's undue influence or was otherwise null and void because ...

docket:	A0580-05
court:	NJ Superior Court Appellate Division
decided:	2006-12-07
status:	unpublished
citation:
Document Size:	53970

412 STATE OF NEW JERSEY v. YVONNE WALKER February -- rank: 619

... murder of eighty-eight-year-old Cassetta Blunt, N.J.S.A. 2C:11-3(a)(1)(2). The jury also ... guilty of third-degree theft by unlawful taking, N.J.S.A. 2C:20-3; third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d); and fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d). On the murder conviction, defendant ... eligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The judge merged the weapons ... financial hardship. (Not raised below). point two THE TRIAL COURT'S ERRONEOUS JURY CHARGES ON THE DEFENDANT'S ABSENCE AND ...

docket:	a5613-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-25
status:	unpublished
citation:
Document Size:	38038

413 ROY M. VICTOR Cross- v. STATE OF NEW JERSEY NEW JERSEY -- rank: 619

... of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. Plaintiff's complaint included an allegation that the NJSP failed to accommodate plaintiff's physical disability. As to that claim, we address whether plaintiff ... an adverse employment action as a result of his employer's failure to accommodate his disability. Following our review of the ... the Totowa NJSP Substation as a Trooper I. When plaintiff's causes of action accrued, Wagner was the Totowa Station Commander ... was the Totowa Squad Sergeant, and Dr. Izzi was NJSP's director of medical services to whom each troop division ...

docket:	a6001-05
court:	njappellate
decided:	2008-07-24
status:	published
citation:	401 N.J.Super. 596
Document Size:	87784

414 STATE OF NEW JERSEY v. CHARLES L. PURYEAR, -- rank: 619

... appellant (Abby P. Schwartz, Designated Counsel, on the brief). Gurbir S. Grewal, Attorney General, attorney for respondent (Sarah C. Hunt, Deputy ... Defendant was charged with purposeful and knowing murder, N.J.S.A. 2C:11- 3(a)(1)(2), as well as felony murder, N.J.S.A. 2C:11-3(a)(3), while codefendant Brown was ... on December 17, 2014, an Essex County judge suppressed defendant's statement concerning the Wantage robbery, but admitted the statement concerning the Newark shooting. As to codefendant Brown's statements, the judge suppressed the statement concerning the Newark shooting ... concerning the Wantage robbery. The judge determined that each defendant's Miranda rights had been violated in connection with the ...

docket:	a2823-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-20
status:	Unpublished
citation:
Document Size:	32758

415 ANY GARMENT UNION, LLC v. DRY CLEAN EXPRESS I, LLC -- rank: 616

... attorneys; James Bell, of counsel and on the brief). Matthew S. Marrone argued the cause for respondents Salmon, Ricchezza, Singer & Turchi ... and Ronald L. Daugherty, Esq. (Goldberg Segalla, LLP, attorneys; Matthew S. Marrone, of counsel and on the brief). PER CURIAM Plaintiffs ... Broker will be forfeited without notice, and, at the Broker's option, shall be split 50% to the Seller, and 50 ... The Deposit shall be refunded to the Buyer upon Buyer's notification to the Seller in writing, via Broker, prior to ... also executed a $1,361,132 consulting agreement with CHM's owner, Marroquin. Marroquin is the brother of DCE I's owner, Matsamy. A-3169-20 6 Two judgments against ...

docket:	a3169-20
court:	NJ Superior Court Appellate Division
decided:	2022-10-27
status:	Unpublished
citation:
Document Size:	65105

416 RUTH M. MULLER-MORENO v. RICHARD MALOUF -- rank: 616

... of the New Jersey Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20; the Truth-in-Consumer Con­tract, Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-14 to -18; and regulatory requirements for ... at 21-22. RPC 1.5(a) provides: A lawyer's fee shall be reasonable. The factors to be considered in ... a summary of the paraprofessionals' qualifica­tions, and the attorney's billing rate for paraprofessional services to clients gener­ally. No portion of any fee allowance claimed for attorney's services shall dupli­cate in any way the fees claimed ... a summary of the paraprofessionals' qualifications, and the attor­ney's billing rate for paraprofessional services to clients gen ­ erally ." ...

docket:	a5722-06
court:
decided:	2009-05-18
status:	Unpublished
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Document Size:	84041

417 LOUIS SICKLES v. CABOT CORPORATION, et al. -- rank: 616

... violations under the New Jersey Antitrust Act (ATA), N.J.S.A. 56:9-1 to -19, and the New Jersey Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20. We hold that neither ... of the Law Division denying defendants' motion to dismiss plaintiff's complaint under Rule 4:6-2(e). In November and ... Cherry Hill, New Jersey, two Goodyear tires (P215/70R15 97S S 1 Regatta 2 XNWRPTL) for his wife's vehicle and one Goodyear tire (P205/65 R15 92H S1 ... its principal place of business in Massachusetts, is the world's largest producer of carbon black, accounting for one-quarter ...

docket:	A3129-04
court:	NJ Superior Court Appellate Division
decided:	2005-07-07
status:	published
citation:	379 N.J. Super. 100 877 A.2d 267
Document Size:	88229

418 STATE OF NEW JERSEY v. ARMEL LASHLEY, -- rank: 616

... this appeal defendant argues:     POINT I    DUE TO THE STATE'S UNCONSTITUTIONAL SEARCH             AND SEIZURE, DEFENDANT'S MOTION TO SUPPRESS             THE EVIDENCE SHOULD HAVE BEEN GRANTED.     POINT II DUE TO DEFENDANT'S CONSTITUTIONAL RIGHT             AGAINST SELF-INCRIMINATION HAVING BEEN             VIOLATED, HIS CONFESSION SHOULD HAVE BEEN             DEEMED INADMISSIBLE.     POINT III DEFENDANT'S SENTENCE MUST BE VACATED.             (PARTIALLY RAISED BELOW)         A. The Extended Term Must Be Vacated Because          The Prosecutor's Decision To Seek The          Extended Terms Was An Arbitrary And ... IN THE POSSESSION COUNTS OF THE             INDICTMENT. (Not Raised Below.)             U.S. CONST. AMENDS. V, VI, AND XIV.             A.) Is ...

docket:	A1270-00
court:	NJ Superior Court Appellate Division
decided:	2002-07-25
status:	published
citation:	353 N.J. Super. 405 803 A.2d 139
Document Size:	33342

419 Stella A. Schaevitz Trust v. Dir, Div of Taxation -- rank: 616

... 1.14%, Stella Schaevitz owned 88,891 shares or 8.44%, and A. Robert Schaevitz owned 13,174 shares or 1.25% of SE common stock. SE's Employee Stock Ownership Plan ("ESOP") held 169,210 or 16 ... the March 28 , 1987 consolidated net income deadline approached, SE's consolidated net income was falling short of the mark. Consequently, in order to increase SE's consolidated net income, Stella Schaevitz, Howard Schaevitz and Phyllis Howard ... Family, shall pay to the Company [SE], by cash, cashier's check or same day funds, the sum of $200,000 ... litigation has indicated whether this obligation was fulfilled. However, plaintiff's amended return does not indicate that plaintiff contributed to ...

docket:	11952-92
court:
decided:	1995-12-14
status:
citation:	15 N.J. Tax 296
Document Size:	112806

420 Harry W. Cox, et al. v. RKA Corporation, et al. -- rank: 616

... plaintiffs had an equitable lien that was superior to Roebling's mortgage for the entire sum plaintiffs paid to RKA.     The ... legal rights in the property. This affidavit, combined with Roebling's knowledge of plaintiffs' contract with the contractor noting the $12 ... therefore, plaintiffs' vendee lien will be accorded priority over Roebling's mortgage interest for the full amount of all payments advanced ... two common-law concepts, the Court must consider New Jersey's recording statutes, which establish that “as between two competing parties ... that party had no actual knowledge of the other party's previously-acquired interest.” Properly recorded instruments constitute constructive notice to ... of the respective priorities of plaintiffs' vendee lien and Roebling's recorded mortgage. Several other jurisdictions have resolved the issue ...

docket:	a-81-98
court:	njsupreme
decided:	2000-06-30
status:
citation:	164 N.J. 487
Document Size:	119211