Search Rutgers Law Library N.J. Court Opinions

616 DARNICE GREEN v. MORGAN PROPERTIES -- rank: 578

... by tenants who alleged that their landlords' charge of attorney's fees violated various statutory and common law rights. We reverse. Viewing the complaint's allegations with liberality, we conclude that it states viable claims ... landlords have imposed charges on their tenants, denominated as attorney's fees, that exceed the landlords' actual cost for in-house ... This runs afoul of the general proscription that an attorney's fee may not be shared with a non-attorney. R ... state a claim under the Consumer Fraud Act, N.J.S.A. 56:8-1 to 184 (CFA); and a claim ... element of a claim for wrongful eviction under N.J.S.A. 2A:18-61.6(d), a curative amendment ...

docket:	a3203-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-03
status:	unpublished
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Document Size:	40861

617 MAXINE DIAKOS v. BRENT RUDNICK -- rank: 575

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... Law Division, Essex County, Docket No. L-6061-14. Joshua S. Lichtenstein argued the cause for appellant (O'Toole Fernandez Weiner ... Lichtman, John J. Lichtman, and Steven Pechter and dismissed plaintiff's claims of an ownership interest in the Pilgrim Diner. The ... Division order, granted defendants' motion for summary judgment dismissing plaintiff's amended claims of failure to receive overtime pay in violation of the federal Fair Labor Standards Act (FLSA), 29 U.S.C.A. §§ 201 to 219, and New ...

docket:	a2468-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-16
status:	unpublished
citation:
Document Size:	51980

618 /usr/local/share/www/libweb/collections/courts/appellate/a4135-16.opn.html -- rank: 575

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... defendant pled guilty to second-degree sexual assault, N.J.S.A. 2C:14-2(c)(4). In doing so, he ... judge also ordered defendant to comply with all applicable Megan's Law reporting requirements. Defendant did not file a direct appeal ... on at least three occasions and, pursuant to N.J.S.A. 2C:43-6.4(d), the State Parole Board ... not file a direct appeal from any of the Board's determinations. In February 2016, defendant filed his petition for PCR ... hearing, the judge rendered a thorough written opinion, denying defendant's petition for PCR. The judge rejected defendant's assertion ...

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619 C.J. v. J.S. -- rank: 575

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3485-16T1 C.J., Plaintiff-Respondent, v. J.S., Defendant-Appellant. _____________________________ Submitted May 7, 2018 – Decided July 5 ... Respondent has not filed a brief. PER CURIAM Defendant J.S. appeals from a Family Part order denying his motion to ... Violence Central Registry (Registry). Having considered the record and defendant's arguments under the applicable legal principles, we affirm. I. The ... to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. The court entered a ... order against defendant. Following a hearing, the court denied plaintiff's request for a final domestic violence restraining order (FRO). ...

docket:	a3485-16
court:	NJ Superior Court Appellate Division
decided:	2018-07-05
status:	unpublished
citation:
Document Size:	46041

620 /usr/local/share/www/libweb/collections/courts/appellate/a2499-18.opn.html -- rank: 575

... and its use in other cases is limited . R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... intent to distribute a controlled dangerous substance, methamphetamine, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(9)(b). In accordance with ... 438 days of jail credit. Defendant appeals from the court's October 17, 2017 order denying his motion to suppress the ... light of the applicable legal principles, we affirm the court's order denying defendant's suppression motion and remand for the court A-2499- ...

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621 STATE OF NEW JERSEY v. ANTHONY IRIZZARY -- rank: 575

... degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-7 (count three). The following month, defendant ... 03-09-0826 to third-degree aggravated assault, N.J.S.A. 2C:35-7. On December 5, 2003, the trial ... defendant raises the following legal arguments: POINT I THE JUDGE'S FAILURE TO DECLARE A MISTRIAL WHEN HE LEARNED THAT A SHERIFF'S OFFICER HAD EXCLUDED DEFENDANT'S GIRLFRIEND FROM THE COURTROOM DURING JURY SELECTION DEPRIVED DEFENDANT OF ... HIS RIGHT TO A PUBLIC TRIAL. POINT II DETECTIVE AVILA'S TESTIMONY THAT HE KNEW THAT THE SUBSTANCE THE DEFENDANT ...

docket:	A1072-05
court:	NJ Superior Court Appellate Division
decided:	2007-06-01
status:	unpublished
citation:
Document Size:	78282

622 STATE OF NEW JERSEY v. VICTOR VASQUEZ -- rank: 575

... and its use in other cases is limited . R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... assistance of counsel; and, even if he did not, counsel's deficient performance did not prejudice defendant. Therefore, we affirm. I ... A jury convicted defendant of first-degree robbery, N.J.S.A. 2C:15-1(a) (count one); third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d) (count three); fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d) (count four); third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2) (count five); and ...

docket:	a1073-17
court:	NJ Superior Court Appellate Division
decided:	2019-04-22
status:	Unpublished
citation:
Document Size:	22285

623 STATE OF NEW JERSEY v. DARRAL V. BLACK -- rank: 575

... jury, defendant was convicted of third-degree conspiracy, N.J.S.A. 2C:5-2 (Count One) ; third-degree possession of a controlled dangerous substance (CDS) (cocaine), N.J.S.A. 2C:43-6f of seven years of imprisonment with ... Two with Count Three. On the same day, following defendant's plea of guilty to a charge of violation of probation ... DEFENDANT] OF DUE PROCESS OF LAW AND A FAIR TRIAL. [ U.S. CONST. amend. XIV; N.J. CONST. art. I, ¶ 1, 9 and 10.] (NOT RAISED BELOW). POINT II . THE COURT'S INACCURATE AND CONFUSING CHARGE LESSENED THE STATE'S BURDEN ...

docket:	a1322-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-23
status:	unpublished
citation:
Document Size:	51923

624 /usr/local/share/www/libweb/collections/courts/appellate/a0201-17.opn.html -- rank: 575

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... Dunbrack challenging their convictions for: first-degree robbery, N.J.S.A. 2C:15-1(a)(1); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); second-degree possession of a weapon for an unlawful purposes, N.J.S.A. 2C:39-4(a); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (Dunbrack only); and fourth- degree resisting arrest, N.J.S.A. 2C:29-2(a)(2) (Rodriguez only). State ...

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625 STATE OF NEW JERSEY v. BRYAN T. ARLINE -- rank: 575

... and its use in other cases is limited . R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... Deputy Public Defender, of counsel and on the briefs). Gurbir S. Grewal, Attorney General, attorney for respondent (Regina M. Oberholzer, Deputy ... one of which involved defendant. 1 Franks v. Delaware, 438 U.S. 154 (1978). A-1083-17T1 2 On May 14, 2014 ... Alexander obtained a search warrant for the apartment and defendant's person. The next day, after observing additional suspicious activity, the ... conspiracy to distribute a controlled dangerous substance (CDS), N.J.S.A. 2C:35-5 and N.J.S.A. ...

docket:	a1083-17
court:	NJ Superior Court Appellate Division
decided:	2018-11-20
status:	Unpublished
citation:
Document Size:	48434

626 /usr/local/share/www/libweb/collections/courts/appellate/a2940-18.opn.html -- rank: 575

... and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO ... 2940-18T3 JOHN BOVERY, Plaintiff-Appellant, v. MONMOUTH COUNTY PROSECUTOR'S OFFICE, STATE OF NEW JERSEY, PROSECUTOR CHRISTOPHER GRAMICCIONI, ASSISTANT PROSECUTOR ... Kevin J. Kotch, of counsel and on the briefs). Gurbir S. Grewal, Attorney General, attorney for respondents (Jane C. Schuster, Assistant ... order dismissing his amended complaint against defendants Monmouth County Prosecutor's Office, County of Monmouth, State of New Jersey, Prosecutor Christopher ... violations of the New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2, negligent supervision, malicious prosecution ... intentional infliction of emotional distress. Because we are satisfied plaintiff's amended complaint 'states no basis for relief and discovery ...

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627 STATE OF NEW JERSEY v. GREGORY CLARK -- rank: 575

... of a jury instruction, the alleged impropriety of the prosecutor's summation, and the trial court's failure to merge weapons possession counts. He also challenged the trial court's failure to sua sponte enter a judgment of acquittal on ... sentence; and, in a pro se brief, the trial judge's failure to suppress his incriminating statements. We affirmed his conviction ... part of an excessive sentencing calendar. The facts underlying defendant's conviction are set forth in our opinion on direct appeal ... v. Henderson , 208 N.J. 208 (2011), the Supreme Court's opinion in the appeal of defendant's co-defendant. ...

docket:	a4016-11
court:	NJ Superior Court Appellate Division
decided:	2014-07-07
status:	unpublished
citation:
Document Size:	23287

628 State v. Scott E. Schnabel -- rank: 572

... have been excluded under the Rape Shield Law, N.J.S.A. 2C:14-7. 2 In 1995 , Scott Schnabel, defendant ... their engagement, defendant and his two sons moved into Mary’s home. Mary had three children: John, born in 1982; Jane ... motion to allow questioning of Cindy and Jane about John’s sexual abuse in order to demonstrate that they had fabricated ... of credibility. The State sought to exclude evidence of John’s sexual abuse, arguing that the source of the girls’ sexual ... girls admitted the abuse. The trial court initially denied defendant’s motion, finding that evidence of the prior sexual abuse was ... age, and Cindy, then seventeen, testified at trial about defendant’s abuse. Dr. Anthony D’Urso, an expert witness on ...

docket:	a-13-07
court:
decided:	2008-07-29
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citation:	196 N.J. 116
Document Size:	64176

629 STATE OF NEW JERSEY v. ST. LEDGER GAYLE -- rank: 572

... indictment charging defendant with third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2); fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d); and third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C: 39-4(d). Subsequently, the grand jury returned ... charging defendant with making third-degree terroristic threats, N.J.S.A. 2C:12-3(a). Defendant hired counsel to represent ... prior to actually putting the plea on the record, defendant's attorney had placed an "X" through the prior answer and ... following exchange concluded the discussion on the record of defendant's exposure to potential immigration consequences arising from his plea: ...

docket:	a3647-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-01
status:	unpublished
citation:
Document Size:	30026

630 ANNE MAVROUDIS and JOHN MAVROUDIS v. TANGIBLE SECURED FUNDING INC -- rank: 572

... Mavroudis. To collect on the judgment, Tangible sought a sheriff's sale of the personal property contained in the marital home ... a jury rejected their claim, filed pursuant to N.J.S.A. 2A:17-29, to declare that Anne was the ... a sanction, requiring them to pay $10,000 and defendant's counsel fees and costs. We affirm in all respects except ... the Sheriff until further order of the court. The Sheriff's asset inventory report consisted of six pages of items located ... Supreme Court of New York, seeking temporary restraint against Sotheby's, Inc. 3 from selling the Picabia painting. The following day ... November 1, 2013, following oral argument, the court granted Tangible's request, finding that plaintiffs "improperly transferred a Francis Picabia ...

docket:	a1118-13
court:	NJ Superior Court Appellate Division
decided:	2016-04-13
status:	unpublished
citation:
Document Size:	40611