Search Rutgers Law Library N.J. Court Opinions

1231 TOWNSHIP OF MAPLEWOOD v. TWC2168 LLC, -- rank: 393

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... existing location. The Board denied the permit because of Fainman's criminal history and allegations of sex trafficking and prostitution at ... a permit to operate a massage business at the Club's existing location. She identified Fainman as the manager of the ... Fainman withdrew the second application by taking it from Roe's desk during a meeting. However, defendants produced a transcript of ... BERRIORS: I just want to let you know that [the] [S]tate [B]oard already approved the business, and I just ... no evidence in the record that Berriors came to Roe's office on the day after the telephone call to ...

docket:	a3105-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-27
status:	Unpublished
citation:
Document Size:	21925

1232 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 A-0 DANIELLE TIRENDI v. -- rank: 390

... and its use in other cases is limited. R .1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... provided that plaintiff has sole legal custody of the couple's three children with defendant having parenting time on alternate weekends ... valuable animals on the property, as well as the couple's retirement accounts and a joint brokerage account. Defendant received a ... later, defendant received a complaint for divorce forwarded by plaintiff's counsel. Four days later, defendant signed a waiver of answer ... moved out of the marital home and into the property's pool house. Three months later, in accordance with the MSA ... time after entry of the judgment. We review a court's determination of a Rule 4:50-1 motion to ...

docket:	a1543-15
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	19444

1233 STATE OF NEW JERSEY v. KEVIN LEE -- rank: 390

... noted, based on their surveillance, that one of the victim's duties was to place the Automotive Department's proceeds in a toolbox and transport it across a large ... due process and a fair trial because co-defendant Richards's confession, which was admitted at trial, was false and coerced. Moreover, the introduction of Richards's confession and McLean's statement was a denial of his Sixth Amendment right of ... because the statements constituted hearsay pursuant to Crawford v. Washington , 541 U.S. 36 , 124 S. Ct. 1354, 158 L. ...

docket:	a5632-09
court:	NJ Superior Court Appellate Division
decided:	2012-06-26
status:	unpublished
citation:
Document Size:	12936

1234 JAMES SANDS v. BOROUGH OF BAY HEAD -- rank: 384

... was substantial pursuant to the Tort Claims Act, N.J.S.A. 59:9-2(d), we reverse. This matter comes before us on Bay Head's motion for summary judgment. Thus, we assume the truth of ... injury case by his own expert and by Bay Head's expert. Sands' expert, Dr. Lance Markbreiter, concluded from a review ... and down stairs and causes pain with sleeping." Bay Head's expert, Dr. Richard Sacks, contradicted Dr. Markbreiter's findings. Dr. Sacks found that Sands had a normal gait ... prognosis was "very good." Dr. Sacks also disputed Dr. Markbreiter's finding that Sands' suffered a displaced fracture. At his ...

docket:	a0084-10
court:	NJ Superior Court Appellate Division
decided:	2011-08-18
status:	unpublished
citation:
Document Size:	20628

1235 IN THE MATTER OF THE CIVIL COMMITMENT OF M.F.C. -- rank: 384

... pursuant to the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.35. We affirm ... a secure facility for control, care and treatment." N.J.S.A. 30:4-27.26. Annual review hearings are required ... 2004). In that setting, the court must address the individual's " present serious difficulty with control over dangerous sexual behavior," and ... to confront the individuals who provided information to the State's experts, citing Crawford v. Washington , 541 U.S. 36 , 124 S. Ct. 1354 , 158 L. Ed. ...

docket:	a4684-08
court:	superior court appellate division
decided:	2009-10-06
status:	unpublished
citation:
Document Size:	27947

1236 Thisopinion shall not "constitute precedent or be binding upon any court Although it is posted on the internet, this opinion is binding only on the STATE OF NEW JERSEY v. STEVEN B. TRAINER, a/k/a STEVE JOHNSON, STEVEN JOHNSON, STEVEN B. JOHNSON ST -- rank: 381

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... B. JOHNSON, STEVEN TRAINOR, STEVEN B. TRAINOR, BRUCE TURNER, BRUCE S. TURNER, STEVEN GRAINOR, GREG TRAINER, GREGORY TRAINER, GREGORY ARTHUR TRAINER ... guilty to second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a) and N.J.S.A. 2C:15-1(a)(1). Pursuant to the plea ... prison, subject to the No Early Release Act, N.J.S.A. 2C:43-7.2. That sentence was imposed concurrent ... POINT TWO: THE LAW DIVISION ERRED WHEN IT DENIED DEFENDANT'S MOTION TO DISMISS THE INDICTMENT BECAUSE THE STATE MISLED ...

docket:	a2378-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-13
status:	unpublished
citation:
Document Size:	19913

1237 STATE OF NEW JERSEY IN THE INTEREST OF J.W A JUVENILE -- rank: 378

... if committed by an adult, would constitute lewdness, N.J.S.A. 2C:14-2b (Complaint No. FJ-12-551-07); three counts of resisting arrest, N.J.S.A. 2C:29-2a (Complaint No. FJ-12-557-07); and terroristic threats, N.J.S.A. 2C:12-3b (Complaint No. FJ-12-1605-07 ... the amount of $3000 upon verification of damages, and Megan's Law notification and HIV/AIDS testing. The appropriate fines, penalties ... HIS RIGHT TO CONFRONTATION, DUE PROCESS AND A FAIR TRIAL. (U.S. Const., Amends V, VI, XIV; N.J. Const. (1947), ...

docket:	a5555-06
court:	njappellate
decided:	2008-11-19
status:	unpublished
citation:	200 N.J. 207
Document Size:	23274

1238 JOSEPH LA RUSSA v. FOUR POINTS AT SHERATON HOTEL, et al. -- rank: 372

... N.J. 426 , 439, 625 A.2d 1110 (1993).         [ J.S. v. R.T.H. , 155 N.J. 330 , 337 (1998 ... also consider the scope or boundaries of that duty." J.S. , supra , 155 N.J. at 339 (citing Kelly v. Gwinnell ... in the vehicle would lead to danger). See also J.S. , supra , 155 N.J. at 352 (imposing a duty on ... offender to prevent or warn her neighbors of her husband's sexual abuse or propensity for sexual abuse); James v. Arms ... Inc. , __ N.J. Super. __, __ (App. Div. 2003) (slip op. at 36-37) (imposing a duty on gun manufacturers of a more ... armed and "had no reason to know of [the passenger]'s violent predispositions." Sanchez , supra , __ N.J. Super. at __ (slip ...

docket:	a4219-01
court:	njappellate
decided:	2003-05-14
status:	published
citation:	360 N.J. Super. 156
Document Size:	22648

1239 STATE OF NEW JERSEY v. DAVID J. HERNANDEZ -- rank: 372

... Evan M. Levow, of counsel and on the brief; David S. Bradley, on the brief). Wayne J. Forrest, Somerset County Prosecutor ... of a second offense of driving while intoxicated, N.J.S.A. 39:4-50. The municipal court based defendant's conviction on an elevated blood alcohol reading he produced on ... III-c device. At sentencing, the municipal court suspended defendant's driving privileges for two years, ordered him to perform community ... training on the Alcotest device. We affirm the Law Division's determination that the officer's reading of the incorrect consent form to defendant was ...

docket:	a0756-07
court:	NJ Superior Court Appellate Division
decided:	2008-10-28
status:	unpublished
citation:
Document Size:	26888

1240 ORAZIO FALCONE, et al. v. PIZZERIA AND ITALIAN RESTAURANT -- rank: 372

... K. FALCONE, HIS WIFE, Individually and Doing Business as FALCONE'S PIZZERIA AND ITALIAN RESTAURANT, Plaintiffs-Respondents, v. SHERRY KELLNER, Defendant ... Submitted February 26, 2007 - Decided March 13, 2007 Before Judges S.L. Reisner and Seltzer. On appeal from the Superior Court ... draws water from pipes ascending through the walls of defendant's unit. The record does not reveal when the system was installed, although the installation predated defendant's ownership. After defendant purchased her properties, the sprinkler system malfunctioned ... complaint on February 21, 2006, seeking permission to access defendant's unit in order to repair the sprinkler system. Judge Williams ... Judge Williams executed an order permitting plaintiffs to enter defendant's unit, on one week's notice, to accomplish the ...

docket:	a5567-05
court:	njappellate
decided:	2007-03-13
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	30050

1241 /usr/local/share/www/libweb/collections/courts/appellate/a0628-17.opn.html -- rank: 369

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... judge found that: Plaintiff did not - - contrary to [p]laintiff's assertion - - derive any benefit from the appeal. Plaintiff's benefit, if any, came by way of the trial court's decision. He's woefully defeated in the Appellate Division. To follow [p]laintiff's arguments to a logical conclusion, every plaintiff who had ...

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1242 /usr/local/share/www/libweb/collections/courts/appellate/a1025-14.opn.html -- rank: 363

... and its use in other cases is limited. R .1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10A(1). 1 On appeal, defendant challenges ... the intent to distribute in a school zone, N.J.S.A. 2C:35-7. Those charges arose out of an ... seeking an evidentiary hearing pursuant to Franks v. Delaware , 438 U.S. 154 , 98 S. Ct. 2674 , 57 L. Ed.2d 667 (1978). The ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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citation:
Document Size:	14454

1243 REBECCA METTA v. RON D. BERKOWITZ et al. -- rank: 363

... an automobile accident on April 25, 2002 in which plaintiff's vehicle was rear-ended by a vehicle operated by defendant ... who reviewed the reports and objective studies. In Dr. Dennis's opinion, plaintiff suffered: 1. TMJ problems. 2. Flexion and extension ... negative in the cervical area and indicated only a Schmorl's node in the lumbar region. "The overall prognosis for significant ... cervical and lumbar facet syndrome. Dr. Daknis noted that "MRI[s] of the cervical and lumbar spine are reviewed noting no ... Ron and David Berkowitz move for summary judgment dismissing plaintiff's Complaint with prejudice. The case arises out of a motor ... resonance imaging study of the lubrosacral spine, evidence of Schmorl's nodes is noted as described above. These are usually ...

docket:	A2405-05
court:	NJ Superior Court Appellate Division
decided:	2006-08-07
status:	unpublished
citation:
Document Size:	52604

1244 STATE OF NEW JERSEY v. KARL R. RANDOLPH -- rank: 363

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... with intent to distribute in a school zone, N.J.S.A. 2C:35-7; and one count of second-degree certain persons not to possess weapons, N.J.S.A. 2C:39-7(a). On appeal, defendant challenges the ... 2014, Weber and another detective conducted a surveillance of defendant's activities and made the following observations. Defendant departed from the ... person for whom he sought the warrant. Based upon Weber's affidavit, a Law Division judge signed the 3 A-5483 ... obtained from the execution of the warrants led to defendant's conviction. Based upon the reference to another individual's ...

docket:	a5483-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-27
status:	unpublished
citation:
Document Size:	17139

1245 STATE OF NEW JERSEY v. JAMES BURNETT -- rank: 363

... degree aggravated assault, 167 N.J. 158, 181 (2001). Defendant's claim in Point III that the court erred by denying ... As the Supreme Court noted in Lakeside v. Oregon , 435 U.S. 333 , 339, 98 S. Ct. 1091 , 1095, 55 L. Ed.2d 319 , 325 (1978 ... the election against testifying would impose. Id. at 339, 98 S. Ct. at 1095, 55 L. Ed. 2d at 325. "It ... very constitutional provision it is intended to protect." Id. 98 S. Ct. at 1095, 55 L. Ed. 2d at 325. ...

docket:	a1859-06
court:	NJ Superior Court Appellate Division
decided:	2008-10-22
status:	unpublished
citation:
Document Size:	22562