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106 EDWIN OCASIO & SEYDA MOHAMMAD VS AMTRAK, NEW JERSEY TRANSIT AUTHORITY BUS COMPANY & DONALD REED, ET AL. -- rank: 652

... that struck Ocasio, and Donald Reed, who was the train's engineer. See footnote 1 In their answer, defendants raised various defenses, including Ocasio's comparative negligence in trespassing upon the railroad tracks.     Plaintiffs' primary ... preceding the accident of trespassing in the area where Ocasio's accident occurred.     Plaintiffs' theory of liability against NJ Transit and ... as a result of which he failed to discover Ocasio's presence at a time when he could have sounded the train's horn and given Ocasio sufficient warning to move before the ... of Reed and NJ Transit. The court subsequently denied Amtrak's motion for a judgment notwithstanding the verdict or, in ...

docket:	a6748-94
court:	njappellate
decided:	1997-03-27
status:	published
citation:	299 N.J.Super. 139
Document Size:	48680

107 B.B v. S. BRADLEY MELL -- rank: 652

... 3452-19T1 B.B., Plaintiff-Appellant, v. APPROVED FOR PUBLICATION S. BRADLEY MELL, KIMBERLY November 23, 2020 RUGGLES MELL, W.H. MELL APPELLATE DIVISION ASSOCIATES, INC., GULFSTREAM CM, LLC, GULFSTREAM ... course of five months from July to December 2017, defendant S. Bradley Mell engaged in sexual relations with plaintiff B.B ... and unlawful relationship was eventually discovered and led to Mell's arrest in May 2018; a year later, Mell pleaded guilty ... and quickly sought a prejudgment writ of attachment of Mell's assets. After receiving opposition and considering counsel's argument, the judge entered an order on January 3, ...

docket:	a3450-19
court:	NJ Superior Court Appellate Division
decided:	2020-11-23
status:	Published
citation:
Document Size:	26911

108 ALTOMARE AUTO GROUP LLC v. VOLKSWAGEN GROUP OF AMERICA, INC. -- rank: 652

... the Union dealership by misrepresenting forecasts about the new dealership's anticipated sales, misleading them about the assistance it would provide ... in the New Jersey Franchise Practices Act (FPA), N.J.S.A. 56:10-3(c) and (d). A-1753-20 3 expert's opinion as a net opinion; (2) the May 8, 2020 ... plaintiffs for spoliation of evidence, namely, destruction of the dealership's general ledgers for 2010 through 2014; and (3) the January ... States, distributing through a network of franchised dealers. VCI, VWOA's wholly owned subsidiary, provides financial services to dealerships and ...

docket:	a1753-20
court:	NJ Superior Court Appellate Division
decided:	2023-10-19
status:	Unpublished
citation:
Document Size:	62335

109 BUILDING MATERIALS CORPORATION OF AMERICA v. ALLSTATE INSURANCE COMPANY -- rank: 652

... found at 424 N.J. Super. 448 or 38 A.3d 644. (NOTE: The status of this decision is Published .) NOT ... a WESTCHESTER SURPLUS LINES INSURANCE COMPANY; CERTAIN UNDERWRITERS AT LLOYD'S LONDON and CERTAIN LONDON MARKET COMPANIES; MICHIGAN MUTUAL INSURANCE COMPANY ... insurance policy that excluded coverage for property damage to GAF's own products. Consistent with recognized principles of insurance law, the ... hold that on its claim for indemnification under National Union's insurance policy, GAF cannot establish a prima facie case of ... to show that the policy excludes the loss. Because GAF’s proofs at trial failed to satisfy these requirements, the jury verdict rejecting GAF’s claims was legally sound. Additionally, we affirm the judgment ...

docket:	a4444-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-13
status:	published
citation:	424 N.J. Super. 448 38 A.3d 644
Document Size:	109716

110 STATE OF NEW JERSEY v. ANDREW DENNIS -- rank: 636

... for multiple counts each of first-degree robbery, N.J.S.A. 2C:15-1; aggravated assault, N.J.S.A. 2C:12-1b(1), (3) and (4); second-degree armed burglary, N.J.S.A. 2C:18-2; weapons offenses, N.J.S.A. 2C:39-4a and N.J.S.A. 2C:39-5b; conspiracy, N.J.S.A. 2C:5-2; and one count of third- ...

docket:	a3934-07
court:	superior court appellate division
decided:	2011-01-06
status:	unpublished
citation:
Document Size:	31063

111 IN THE MATTER OF THE XANADU PROJECT AT THE MEADOWLANDS COMPLEX -- rank: 636

... found at 415 N.J. Super. 179 or 1 A.3d 747. (NOTE: The status of this decision is Published .) (NOTE ... beverages by way of a municipality-issued license, N.J.S.A. 33:1-12.14, when the sales will take ... New Jersey Division of Alcoholic Beverage Control (ABC). N.J.S.A. 33:1-42. The requirements for obtaining a special ... Record . Appellants filed timely notice with Fischer objecting to Benihana's application for the following reasons: 1) Benihana did not satisfy ... we noted that we found "no fault with the Director's assertion of subject matter jurisdiction as a way of beginning ... to the OAL. They also added a claim that Fischer's June 2005 advisory opinion was improperly issued because Fischer ...

docket:	a2702-08
court:	superior court appellate division
decided:	2010-08-06
status:	Published
citation:	415 N.J. Super. 179 1 A.3d 747
Document Size:	131788

112 West Orange Township v. Crest Ridge Realty, LLC -- rank: 632

... Blau and Mr. Wolfe: This letter shall constitute the court’s opinion on Crest Ridge Realty, LLC’s motions for summary judgment, and on West Orange Township’s motion seeking to strike Crest Ridge Realty, LLC’s 2020 tax year affirmative defenses. Crest Ridge Realty, LLC (â ... as block 80.03, lot 36 on West Orange Township’s municipal tax map. 1 For the 2018, 2019, 2020, 2021 ... assessments (“reverse tax appeals”), arguing that the subject property’s true or market value exceeds its equalized tax assessment. ...

docket:	004373-18
court:	NJ Superior Court Appellate Division
decided:	2023-06-28
status:	Unpublished
citation:
Document Size:	105733

113 STATE OF NEW JERSEY v. DAVID COOPER -- rank: 632

... of counsel and on the brief; Ms. Van Wyk, Lawrence S. Lustberg and Jonathan L. Hafetz, Designated Counsel, on the briefs ... A. Valentin, Monmouth County Prosecutor, attorney; Nancy A. Hulett, Kathleen S. Bycsek, and Patricia B. Quelch, Assistant Prosecutors, of counsel; Ms ... N.J. 326, 341-42 (1997), cert. denied , 528 U.S. 1084 , 120 S. Ct. 809 , 145 L. Ed.2d 681 (2000). On May ... each other. Id. at 341, 347, 405-06. On defendant's direct appeal, the Supreme Court affirmed the murder conviction and ... orders requiring defendant to produce for the State trial counsel's entire file . . . without prejudice to the State ...

docket:	a2810-07
court:	NJ Superior Court Appellate Division
decided:	2008-02-07
status:	unpublished
citation:	410 N.J. Super. 43 979 A.2d 792
Document Size:	188772

114 STATE OF NEW JERSEY v. ABDUL MUMIN, -- rank: 620

... MacDonald, Assistant County Prosecutor, argued the cause for respondent (Jeffrey S. Blitz, Atlantic County Prosecutor, attorney; Ms. MacDonald, of counsel and ... charged with second-degree sexual assault, pursuant to N.J.S.A. 2C:14-2c (count one); fourth-degree criminal sexual contact, pursuant to N.J.S.A. 2C:14-3b (count two); third-degree terroristic threats, pursuant to N.J.S.A. 2C:12-3b (count three); and third-degree criminal restraint, pursuant to N.J.S.A. 30:4-27.24 to -27.38. Before defendant ... THE SEXUALLY VIOLENT PREDATOR ACT.          POINT II         BECAUSE THE DEFENDANT'S ATTORNEY FAILED TO ADVISE HIM THAT HIS PLEA WOULD ...

docket:	a5524-00
court:	njappellate
decided:	2003-01-09
status:	published
citation:	361 N.J. Super. 370
Document Size:	30478

115 MEGAN BURNS v. HOBOKEN RENT LEVELING & STABILIZATION BOARD -- rank: 620

... found at 429 N.J.Super. 435 or 59 A.3d 1096. (NOTE: The status of this decision is Published .) NOT ... the municipal rent ordinance. Although we conclude the trial judge's denial of Bloomfield's motion to vacate the stipulation of voluntary dismissal was error ... plaintiffs' lawful base rent. 2 Plaintiffs filed opposition to Bloomfield's appeal, asserting the rent control officer and the Board arbitrarily ... parties. Bloomfield did not file an appeal from the Board's final determination. Plaintiffs filed this PWA against the Board and Bloomfield, alleging the Board's grant of decontrols violated the municipal rent ordinance, various ...

docket:	a2621-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-06
status:	published
citation:	429 N.J.Super. 435 59 A.3d 1096
Document Size:	36597

116 ROBERT E. GRAS, SR. and EVELYN L. GRAS, individually et al. v. ASSOCIATES FIRST CAPITAL CORP., et al. -- rank: 620

... Lisa J. Rodriguez and Ms. Moffa, on the brief).     Mark S. Melodia argued the cause for respondents Associates First Capital Corp ... the loan agreements violated the Consumer Fraud Act, 482 U.S. 483, 489, 107 S. Ct. 2520 , 2525, 96 L. Ed.2d 426 , 435 (1987 ... in equity for the revocation of any contract." 9 U.S.C.A. §2 . "[G]enerally applicable contract defenses, such as ... applied to invalidate arbitration agreements without contravening [the FAA]." Doctor's Assocs., Inc. v. Casarotto , 517 U.S. 681 , 687, 116 S. Ct. 1652 , 1656, 134 L. ...

docket:	a6647-99
court:	njappellate
decided:	2001-12-20
status:	published
citation:	346 N.J. Super. 42
Document Size:	32906

117 PREETI SHARMA v. SKY ZONE, LLC -- rank: 616

... the activities promoted by . . . [d]efendants.' While using Sky Zone's facility, Saedda 'sustain[ed] an injury to 1 Defendants allegedly ... Truth-In-Consumer Contract, Warranty and Notice Act, N.J.S.A. 56:12-14 and N.J.S.A. 56:12-15.' On June 18, 2019, defendants moved to dismiss ... understood that they were 'waiving [their] right, and the right(s) of . . . minor child(ren) . . . to maintain a lawsuit against [ ...

docket:	a5601-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-22
status:	Unpublished
citation:
Document Size:	37861

118 Payton v. New Jersey Turnpike Authority -- rank: 612

... entitled to obtain for the purpose of establishing the employer's liability based on its alleged failure to respond to her ... Authority raised these actions as an affirmative defense to Payton's complaint, claiming that, by its response to her complaint of ... Committee had completed a confidential review of the EEO Officer's report and that, on April 25, l995, its commissioners had ... sanctions.     In order to gauge the validity of the Authority's affirmative defense that it had effectively remedied the harassment, Payton ... privilege of self-critical analysis.     The Appellate Division granted Payton's motion for leave to appeal and vacated the protective order ... information relating to the extent and timing of the Authority's investigation, the information gleaned from that investigation, the Authority' ...

docket:	a-91-96
court:	njsupreme
decided:	1997-03-26
status:
citation:	146 N.J. 495
Document Size:	88053

119 /usr/local/share/www/libweb/collections/courts/appellate/a3751-19.opn.html -- rank: 612

... without conducting a Franks 1 hearing and granted the State's motion to introduce defendant's statements. He also appeals from a January 31, 2020 order ... leaving blood underneath the seat of the unisex faculty restroom's toilet for years. Defendant reported the issue to the school ... camera and replaced it 1 Franks v. Delaware, 438 U.S. 154 (1978). 2 A-3751-19 approximately twelve times. Defendant ... that he placed the 2 Miranda v. Arizona, 384 U.S. 436 (1966). 4 A-3751-19 camera under the sink ... to film colleagues in the restroom. Czajka then collected defendant's computer, iPad, cell phone, and the camera. Czajka waited ...

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Document Size:	61153

120 State v. Carey R. Greene -- rank: 608

... is .) SYLLABUS This syllabus is not part of the Court’s opinion. It has been prepared by the Office of the ... jury that the State would present as a witness Greene’s grandmother, to whom he allegedly confessed his guilt in the ... Baker. The prosecutor gave a detailed description of the grandmother’s expected testimony and a prediction of the emotional struggle she ... encounter as a witness against her grandson. Before trial, Greene’s grandmother recanted the statement that she gave to the police ... also refused to testify. The Court considers whether the prosecutor’s discussion of her anticipated testimony deprived defendants of a fair ... minor at the time who later testified as the State’s key witness in accordance with a plea agreement, drove ...

docket:	a-96-18
court:	NJ Supreme Court
decided:	2020-06-23
status:
citation:
Document Size:	69395