Search Rutgers Law Library N.J. Court Opinions

1306 /usr/local/share/www/libweb/collections/courts/appellate/00240-15.opn.html -- rank: 473

... by an IRS determination that contradicts established federal precedent, and 2) can the New Jersey estate tax exceed the amount of ... reported on the returns, the assets had a value of $2,621,580 six months later, as of December 20, 2008 ... genuine issue as to any material fact challenged and that [2] the moving party is entitled to a judgment or order as matter of law.” R. 4:46-2. The basic inquiry is “whether the evidence presents a ... Director, Div. of Taxation , 184 N.J. Super. 387, 391, 2 N.J. Tax 415, 419 (Tax 1981). To support dismissal ... a zero balance as of September 30, 2014 set a 90-day deadline of December 29, 2014 to file an ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	130242

1307 LARRY D. CLANTON v. NISSAN NORTH AMERICA INC. -- rank: 473

... Court of New Jersey, Law Division, Essex County, Docket Nos. L-10082-07 and L- 2100-08. Gerard Cedrone argued the cause for appellants/cross ... Motor Co. Ltd., and Nissan Technical Center North America, Inc. 2 A-1737-13T4 appeals, asserting various errors concerning discovery and ... the speed limit of sixty-five m.p.h.3 2 We will refer to the wheel and tire assembly as ... future lost wages, $1 million in future medical expenses, and $2,303,000 for pain, suffering, disability impairment and loss of ... nationality, or religion in civil action as prejudicial,' 99 A.L.R. 2d 1249, 1254-56 (1965) (stating, based on ...

docket:	a1737-13
court:	NJ Superior Court Appellate Division
decided:	2015-09-10
status:	unpublished
citation:
Document Size:	81354

1308 Campione v. Soden -- rank: 473

... the common-law doctrine of contributory negligence. (pp. 11-12) 2. A longstanding judicial response to cases where damages cannot be ... proximate cause of Campione's injuries from the first impact; (2) the first impact was a proximate cause of the second ... either the first or second impacts pursuant to section 5.2 of the Comparative Negligence Act, N.J.S.A. 2A ... the first impact was a proximate cause of the second; (2) Sacknowitz's conduct was negligent and a proximate cause of ... determined pursuant to N.J.S.A. 2A:15-5.2." However, the opinion continued to specify that "[a]ll parties ... II A ����The Legislature enacted the Comparative Negligence Act (Act), L. 1987, c. 146, to ameliorate the harsh results attendant ...

docket:	a-14-96
court:
decided:	1997-07-09
status:
citation:	150 N.J. 163
Document Size:	77409

1309 IN THE MATTER CIVIL COMMITMENT OF J.H.M. -- rank: 473

... and as preserved by the New Jersey Constitution of 1776. 2.����The Right to a Jury Trial Is Well-entrenched in ... 386 U.S. 605 , 608, 87 S. Ct. 1209 , 18 L. Ed.2d 326 (1967). There is no equal protection issue where ... U.S. 715 , 723-731, 92 S. Ct. 1845 , 32 L. Ed.2d 435 (1972); compare N.J.S.A. 30:4 ... Essex County Juvenile and Domestic Relations Court , 132 N.J.L. 406 , 408-09 (E. & A. 1945), and no such ...

docket:	A3208-02
court:	NJ Superior Court Appellate Division
decided:	2003-12-09
status:	published
citation:	367 N.J. Super. 599 845 A.2d 139
Document Size:	34160

1310 ARGYROSOMUS, LLC v. SEABOARD LANDING, LLC -- rank: 473

... S. Fossi argued the cause for respondent (Gary C. Zeitz, L.L.C., attorneys; Ms. Fossi, on the brief). The opinion of ... assessment on the property based on the walkway's value. 2 An added assessment of $1.25 million was applied to ... U.S. Bank, NA, as custodian for Sass Muni V, L.L.C., purchased the certificate for $107,649, with an interest ... mortgage, but did not record the deed. See Seaboard Landing, L.L.C. , supra , slip op. at 7. Contending that ...

docket:	a5963-13
court:	NJ Superior Court Appellate Division
decided:	2016-10-21
status:	unpublished
citation:
Document Size:	48790

1311 IN THE MATTER OF ANTHONY DUBOV -- rank: 473

... argued the cause for respondent State of New Jersey (Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney; Mr. Fisher, of counsel ... pursuant to [ N.J.S.A. ] 2C:58-3c(5). 2 [ In re Dubov , supra , 410 N.J. Super. at 195 ... dismissed , 394 U.S. 812 , 89 S. Ct. 1486 , 22 L. Ed.2d 748 (1969), [our Supreme] Court rejected a similar challenge ... Heller , 554 U.S. 570 , 128 S. Ct. 2783 , 171 L. Ed.2d 637 (2008), had no impact upon the constitutionality ...

docket:	a1829-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-04
status:	unpublished
citation:
Document Size:	37644

1312 STATE OF NEW JERSEY v. ISSAC LENIN -- rank: 473

... States , 377 U.S. 201 , 84 S. Ct. 1199 , 12 L. Ed.2d 246 (1964). We disagree and hold that the right ... 682 , 688-89, 92 S. Ct. 1877 , 1881-82, 32 L. Ed.2d 411 , 417 (1972)). "Adversary judicial proceedings" begin by way ... U.S. at 689, 92 S. Ct. at 1882, 32 L. Ed. 2d at 417. In Massiah , supra , a defendant had ...

docket:	a6499-03
court:	njappellate
decided:	2009-04-07
status:	published
citation:	406 N.J. Super. 361
Document Size:	64995

1313 Tahisha Roach v. BM Motoring, LLC -- rank: 473

... it should be construed against the drafter. (pp. 12-13) 2. In the event of a breach of a material term ... arbitration fees in response to plaintiffs’ AAA arbitration demands; and (2) defendants waived their right to compel arbitration through their conduct ... court entered a final order dismissing plaintiffs’ complaint with prejudice. 2 On appeal, the Appellate Division affirmed the dismissal. The panel ... accordance with AAA rules, as well as AAA Rule R-2, which specifies that parties who agree to arbitrate in accordance ... U.S. 20, 24, 111 S. Ct. 1647, 1651, 114 L. Ed. 2d 26, 36 (1991). Section 2 of the FAA ...

docket:	A-69-15
court:	NJ Supreme Court
decided:	2017-03-09
status:
citation:	228 N.J. 163 155 A.3d 985
Document Size:	95062

1314 JAMES G. ROBERTSON v. HYDE PARK MALL -- rank: 473

... by failing to: (1) find that plaintiffs' dissociation was wrongful; (2) assess damages against the wrongfully dissociating partners; (3) discount the partnership's fair value for A-0085-19 2 lack of control and marketability; (4) reduce the partnership's ... value instead of the value as testified by their expert; (2) refusing to increase the partnership's fair value to account ... particular undertaking,' N.J.S.A. 42:1A-32(b)(2), here the sale of the Mall. Based on the undisputed ... Barbara was also a Class B partner with a 66 2/3% partnership interest. The Agreement also permitted the admission of ... enter into a management agreement with Azarian Management & Development Company [2] (the 'Property Manager'), which is owned and controlled by ...

docket:	a0085-19
court:	NJ Superior Court Appellate Division
decided:	2022-05-19
status:	Unpublished
citation:
Document Size:	111204

1315 STATE OF NEW JERSEY v. THOMAS GREEN -- rank: 473

... NEW JERSEY, Plaintiff-Respondent, v. THOMAS GREEN, Defendant-Appellant. __________________________________ March 2, 2011 Argued October 18, 2010 - Decided Before Judges Grall and ... Court of New Jersey, Law Division, Essex County, Indictment No. 90-01-0024. Paul Casteleiro argued the cause for appellant. Sara ... Muhammad. And, in assessing the merits of the alleged Brady 2 violation, the judge applied the standard governing the award of ... is 1) material, and not 'merely' cumulative, impeaching, or contradictory; 2) that the evidence was discovered after completion of the trial ... S. 83 , 87, 83 S. Ct. 1194 , 1196-97, 10 L. Ed.2d 215 , 218 (1963). The obligation extends to evidence ...

docket:	a2507-09
court:	superior court trial
decided:	2011-03-02
status:	unpublished
citation:
Document Size:	26746

1316 PAUL HYAMS, et al. v. HALIFAX PLC and HBOS PLC -- rank: 473

... of New Jersey, Law Division, Monmouth County, Docket No. MON-L-2365-03. Kevin K. Green, of the California bar, admitted ... and Audra DePaolo; of counsel and on the brief). Philip L. Graham, Jr., of the New York bar, admitted pro hac ... s members voted in favor of demutualization and on June 2, 1997, HBS converted into defendant Halifax, a public limited company ... 326 U. S. 310 , 316, 66 S. Ct. 154 , 158, 90 L. Ed. 95 , 102 (1945)). "Critical to the due-process analysis ...

docket:	A1078-04
court:	NJ Superior Court Appellate Division
decided:	2005-12-16
status:	unpublished
citation:
Document Size:	69529

1317 JOHN SMITH v. ARVIND R. DATLA, M.D. -- rank: 471

... Court of New Jersey, Law Division, Mercer County, Docket No. L-1527-15. Mark A. Petraske argued the cause for appellants ... attorneys; Mr. Hubert, of counsel and on the brief; Keith L. Hovey and Brandon C. Simmons, on the brief). E. Drew ... period set forth in N.J.S.A. 2A:14-2, or instead by the one-year limitation period for defamation ... Defendants moved to dismiss the complaint under Rule 4:6-2(e) for "failure to state a claim upon which relief ... a motion to dismiss filed pursuant to Rule 4:6-2(e). Rezen Family Assoc., LP v. Borough of Millstone , 423 ... facts are not entitled to any special deference." Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. ...

docket:	a1339-16
court:	NJ Superior Court Appellate Division
decided:	2017-07-12
status:	published
citation:	451 N.J.Super. 82 164 A.3d 1110
Document Size:	68409

1318 STATE OF NEW JERSEY v. ERIC GRAY -- rank: 471

... N.J.S.A. 2C:15-1(a)(1) and (2) (Count One); second-degree possession of a weapon for an ... Release Act (NERA), N.J.S.A. 2C:43-7.2, on the second-degree robbery conviction. The third-degree theft ... On the afternoon of March 13, 2009, Nikul Patel ("Nikul") 2 was working at his business, Vineland Deli and Gas, located ... U.S. at 444, 86 S. Ct. at 1612, 16 L. Ed. 2d at 707). The State bears the heavy burden to ... denied , 375 U.S. 846 , 84 S. Ct. 100 , 11 L. Ed.2d 73 (1963). In gauging voluntariness, a court ...

docket:	a2931-10
court:	NJ Superior Court Appellate Division
decided:	2013-08-21
status:	unpublished
citation:
Document Size:	60707

1319 State of New Jersey v. John A. Denofa -- rank: 471

... charged to the jury, even absent a request by defendant. 2 On April 1 , 2000, Rachel Siani’s body was found ... factual dispute over where the crime occurred. (pp. 11-12) 2. Under the New Jersey Code of Criminal Justice (our Code ... 20-21) 6. We do not construe Rule 3:10-2(e) to be in conflict with our holding today. We ... a red Dodge truck with Pennsylvania license plate number YR08859. 2 Shortly after checking in, defendant took a taxicab alone to ... friend, who drove him back to the Econo Lodge between 2:00 and 2:15 a.m. Around that same time, Rachel returned ...

docket:	a-11-05
court:
decided:	2006-06-05
status:
citation:	*CITE_PENDING*
Document Size:	82713

1320 State v. Michael Gore -- rank: 471

... confession statement that he transcribed, which was marked as S-2 for identification, without objection. The prosecutor distributed copies of S-2 to the jurors without objection and, as he read Rios� ... responses, the jury followed along on their copies of S-2. When the prosecutor and Rios finished reading S-2, the court immediately instructed the jury that it could not ... he never made the formal statement set forth in S-2. During summation, both parties referred to defendant’s formal confession ... jury was provided with the exhibits for deliberations, including S-2. During deliberations, the court discovered that S-2 had ...

docket:	a-77-09
court:	NJ Supreme Court
decided:	2011-03-22
status:
citation:	205 N.J. 363 15 A.3d 844
Document Size:	89140