Search Rutgers Law Library N.J. Court Opinions

46 Andrew Hojnowski v. Vans Skate Park, et als. -- rank: 749

... Inc. (Vans). On a previous visit to the facility, Andrew’s mother had executed a release on Andrew’s behalf, which was required in order for Andrew to enter ... arbitration and invalidate the pre-injury release signed by Andrew’s mother and Vans cross-moved for summary judgment. The trial ... On appeal, the Appellate Division unanimously affirmed the trial court’s grant of summary judgment in respect of the validity of ... argued that the court should have deferred to the parent’s decision to enter into the agreement and, hence, should have ... minor child to a pre-injury release of a minor’s prospective tort claims resulting from the minor’s use ...

docket:	a-17-05
court:
decided:	2006-07-17
status:
citation:	*CITE_PENDING*
Document Size:	111029

47 STATE OF NEW JERSEY v. DANIEL BLAZAS -- rank: 745

... OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0705-10T3 S APPROVED FOR PUBLICATION August 26, 2013 APPELLATE DIVISION TATE OF ... is denied when the prosecution substantially interferes with a defendant's ability to secure witness testimony. In this case, the government ... if true, would be proof of substantial interference with defendant's constitutionally guaranteed right of access to witnesses. We therefore hold ... his decision. Because we conclude that a reversal of defendant's convictions is required, we recite those facts necessary to give ... also identified defendant at trial. On December 14, 2007, defendant's ex-fiancée, Jennifer McHugh, gave a statement to the ... indicted and charged with first-degree armed robbery, N.J.S.A. 2C:15-1 (count one); third-degree unlawful ...

docket:	a0705-10
court:	NJ Superior Court Appellate Division
decided:	2013-08-26
status:	published
citation:	432 N.J.Super. 326 74 A.3d 991
Document Size:	69088

48 KIMIIKO WOODS v. TOWNSHIP OF IRVINGTON -- rank: 728

... violation of the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14; (2) discrimination and hostile ... of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49; (3) violation of Article ... of First Amendment rights; and (7) violation of 42 U.S.C.A. §1983. On appeal, plaintiff contends, in part, that ... all respects, except we reverse and remand as to plaintiff's CEPA retaliation claim, and for a ruling on the individual ... plaintiff, an African-American female, was assigned to the IPD's Internal Affairs Unit (IA). Also working in IA at the time were plaintiff's supervisor, defendant Amanda Koontz, an African-American female, defendant ...

docket:	a4972-07
court:	superior court appellate division
decided:	2009-08-14
status:	unpublished
citation:
Document Size:	107096

49 JALIYAH MUHAMMAD v. COUNTY BANK OF REHOBOTH BEACH, DELAWARE, et al. -- rank: 724

... so-called because payment is typically due on the borrower's next payday. Plaintiff, Jaliyah Muhammad, contends that, because the arbitration ... from which it marketed, processed, serviced and collected County Bank's loans in accordance with policies and procedures established by County ... her. On page two of the application, just above plaintiff's signature, were clauses entitled, "AGREEMENT TO ARBITRATE ALL DISPUTES" and ... shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1 -16. Judgment upon the award may be ... participant in the suit. You agree to pay the attorney's fees and court costs we incur in seeking such relief ... were transmitted from a County Bank account directly to plaintiff's checking account.                          II. On or about February 2, 2004, ...

docket:	A0558-04
court:	NJ Superior Court Appellate Division
decided:	2005-07-14
status:	published
citation:	379 N.J. Super. 222 877 A.2d 340
Document Size:	71717

50 STATE OF NEW JERSEY v. KHALIF O. JAMES, -- rank: 714

... defendant Khalif James as follows: first-degree murder, N.J.S.A. 2C:15-1 (count five); second-degree possession of ... also imposed. Defendant appeals. We affirm.     According to the State's proofs, on January 27, 1997, Jason Means was driving his ... he saw his friend, Lawrence McGriff, in front of Means's home. He picked up McGriff, and they continued to drive ... entered the borough of Roselle and observed defendant. At McGriff's suggestion, they invited defendant into the car. Defendant sat next ... scene, including one found in the lining of the victim's jacket, were determined to have been fired from a Smith ... defendant. However, the police received other information that made Means's statement seem untruthful.     An eyewitness, Joseph Nyars, had heard ...

docket:	a4486-98
court:	njappellate
decided:	2002-01-16
status:	published
citation:	346 N.J. Super. 441
Document Size:	38179

51 RUSSELL J. LITCHULT JR v. BOROUGH OF WALDWICK -- rank: 710

... of the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -14. Plaintiff also appeals the ... denying his motion for a new trial following the jury's no cause verdict. In light of the record and applicable ... reveals the following facts and procedural history relevant to plaintiff's complaint as well as the subsequent trial and post-trial ... 1, 2008. In 1990, he was assigned as the Department's K-9 officer, and remained in that position until 2008 ... both Police Chief Messner and Lieutenant Edward Weber, the Department's Internal Affairs Officer. The Department investigated the allegation, and although ... required by the Department in all incidents involving an officer's use of force, a report was filed with the ...

docket:	a1094-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-05
status:	unpublished
citation:
Document Size:	83061

52 STATE FARM INDEMNITY COMPANY v. CHARLES WARRINGTON, -- rank: 703

... attempted to schedule an examination under oath pursuant to defendant's contractual obligation to cooperate. See footnote 1 1     Apparently, American ... except the following comments by defense counsel during oral argument:         [S]everal months ago . . . the Attorney General's Office raided [American Spinal, Inc.'s, chiropractic office]. There were two Camden City police officers arrested ... them for medical treatment at this facility.             The Attorney General's Office has conducted an extensive investigation. They raided the offices ... Attorney General in charge . . . . He has told me, my client's a target. We have received a subpoena to testify ...

docket:	a5852-00
court:	njappellate
decided:	2002-04-26
status:	published
citation:	350 N.J. Super. 379
Document Size:	32602

53 AIR BROOK LIMOUSINE INC v. DIRECTOR, DIVISION OF TAXATION -- rank: 693

... McNally, Deputy Attorney General, argued the cause for respondent (Jeffrey S. Chiesa, Attorney General, attorney; Lewis A. Scheindlin, Assistant Attorney General ... thereby qualifying them for a tax exemption under N.J.S.A. 54:32B-8.28. As a consequence, after adjustments ... 208.93 in interest. Air Brook also appeals the court's rejection of its prayer for abatement of penalties and interest ... 1, 1998 through December 31, 2001, concluding that Air Brook's sedans and limousines, as well as parts for those vehicles ... 13, 2002. Air Brook filed a protest with the Division's Conferences and Appeals Branch. On October 19, 2004, a conferee ... opinion which concluded, as had the conferee, that N.J.S.A. 54:32B-8.28's exemption from payment ...

docket:	a3861-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-06
status:	unpublished
citation:
Document Size:	55467

54 HAROLD E. SMITH VS ALAN L. WHITAKER, JR. & ET ALS -- rank: 689

... of $3,939) under the Wrongful Death Act, N.J.S.A. 2A:31-1 to -6 and a punitive damage award of $1.25 million under the Survivor's Act, N.J.S.A. 2A:31-1 to -6, and under the Survivor's Act, N.J.S.A. 2A:15-3 to include the sum of $3 ... May 15, 1995 Coastal filed a motion to dismiss plaintiff's punitive damage claim. In response, plaintiff filed a cross- ...

docket:	a0457-96
court:	njappellate
decided:	1998-06-15
status:	published
citation:	313 N.J.Super. 165
Document Size:	96605

55 ESTATE OF TINA GUZZARDI v. DIRECTOR -- rank: 682

... succeeded to his interest in the partnership, and Mrs. Guzzardi's interest in the partnership was liquidated. As part of the ... 1988 the two notes were paid in full. Mrs. Guzzardi's 1988 installment sale gain, reported for federal income tax purposes ... her 1988 New Jersey gross income tax return. Mrs. Guzzardi's 1988 federal income tax return included as well a net ... 035. The assessment at issue is based on the Director's inclusion of the 1988 installment sale gain, net of the ... of accounting allowed for federal income tax purposes. [ N.J.S.A. 54A:5-1.c.] According to plaintiff, that section ... In support of its argument, plaintiff relies on this court's opinion in Baldwin v. Director, Div. of Taxation , supra . ...

docket:	07125-94
court:
decided:	1995-12-06
status:
citation:	15 N.J. Tax 395
Document Size:	68389

56 MERRILL LYNCH, PIERCE FENNER amp; SMITH, INC. v. CANTONE RESEARCH, INC -- rank: 679

... opinion of the court was delivered by ST. JOHN, J.S.C. (temporarily assigned) Defendants appeal four orders dated December 20 ... a Merrill Lynch account held in his and his wife's name. The account was opened, maintained, and utilized by Smith ... Lynch alleged negligent supervision of and failure to police Smith's account for fraudulent activity. The four state court actions were ... an order compelling FINRA arbitration. The court granted Merrill Lynch's motion and denied the plaintiffs' cross-motion, holding that because ... denied , 205 N.J. 317 (2011). In affirming the judge's decision, we determined the investors possessed no viable negligence claim ... prior to the appeal from the order granting Merrill Lynch's motion to dismiss. On August 16 and September 29, ...

docket:	a2699-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-27
status:	published
citation:
Document Size:	54915

57 MERRILL LYNCH, PIERCE FENNER amp; SMITH, INC v. CANTONE RESEARCH, INC -- rank: 679

... opinion of the court was delivered by ST. JOHN, J.S.C. (temporarily assigned) Defendants appeal four orders dated December 20 ... a Merrill Lynch account held in his and his wife's name. The account was opened, maintained, and utilized by Smith ... Lynch alleged negligent supervision of and failure to police Smith's account for fraudulent activity. The four state court actions were ... an order compelling FINRA arbitration. The court granted Merrill Lynch's motion and denied the plaintiffs' cross-motion, holding that because ... denied , 205 N.J. 317 (2011). In affirming the judge's decision, we determined the investors possessed no viable negligence claim ... prior to the appeal from the order granting Merrill Lynch's motion to dismiss. On August 16 and September 29, ...

docket:	a2680-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-27
status:	published
citation:	427 N.J. Super. 45 47 A.3d 1
Document Size:	54973

58 MERRILL LYNCH, PIERCE FENNER amp; SMITH, INC. v. CANTONE RESEARCH, INC -- rank: 679

... opinion of the court was delivered by ST. JOHN, J.S.C. (temporarily assigned) Defendants appeal four orders dated December 20 ... a Merrill Lynch account held in his and his wife's name. The account was opened, maintained, and utilized by Smith ... Lynch alleged negligent supervision of and failure to police Smith's account for fraudulent activity. The four state court actions were ... an order compelling FINRA arbitration. The court granted Merrill Lynch's motion and denied the plaintiffs' cross-motion, holding that because ... denied , 205 N.J. 317 (2011). In affirming the judge's decision, we determined the investors possessed no viable negligence claim ... prior to the appeal from the order granting Merrill Lynch's motion to dismiss. On August 16 and September 29, ...

docket:	a2682-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-27
status:	published
citation:
Document Size:	54915

59 STATE OF NEW JERSEY v. CARLOS FEAL -- rank: 675

... murder of his live-in girlfriend, Julia Torres, N.J.S.A. 2C:39-5b. The judge merged the first two ... J. 80 , 96 (2004). The prosecutor improperly commented on defendant's ability generally to tailor his testimony, mainly because he testified ... entrance wound. This indicated that the distance between the gun's muzzle and victim was between six and twenty inches. There ... gun could have caused this injury. The bullet entered Torres's chest cavity, moved through the lung, went through her heart ... went through the kidney and exited the body. The bullet's path was from left to right and downward from front ... the bullet wound. There was no gunshot residue on Torres's hands, forearms or body except for that on the ...

docket:	A0606-03
court:	NJ Superior Court Appellate Division
decided:	2007-03-27
status:	unpublished
citation:
Document Size:	73379

60 STATE OF NEW JERSEY v. ANTHONY MILLER -- rank: 668

... Anthony Miller was convicted of first degree robbery, N.J.S.A. 2C:15-1. The judge imposed a ten-year ... were also imposed by the judge. According to the State's proofs, on December 3, 2003 between 8:35 a.m ... became concerned that someone was going to notice the waitress's demeanor. He told the waitress to get someone else to ... waitress was sweating, shaking, and extremely frightened. Heron said, "It's probably somebody just joking with you." The waitress described the ... through the front door. Defendant was already gone. The restaurant's surveillance video camera tape revealed defendant walking up to the ... he had. Then on summation, the Assistant Prosecutor said: It's convenient for [defendant] to sit here today after he ...

docket:	a5896-04
court:	njappellate
decided:	2007-06-01
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	68785