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2791 NEW JERSEY DEPARTMENT OF LABOR, et al. v. PEPSI-COLA COMPANY -- rank: 367

... General, of counsel; Ms. Du Mars, on the brief).         James L. Linsey argued the cause for respondent Teamsters Local 125 and ... rate exceptions) and N.J.S.A. 34:11-4.2 (time, mode of payment and paydays) for failure to pay ... assessed Pepsi $1,885,098.68 in back wages, a $2,000 penalty and $188,509.87 in administrative fees. The ... certainly no error "capable of producing an unjust result." R. 2:10-2. III     Next, Pepsi asserts that the Commissioner did not have ... dism. 414 U.S. 1106 , 96 S.Ct. 831 , 38 L.Ed.2d 733 (1973); Fasolo v. Div. of Pensions , ...

docket:	a5108-98
court:	njappellate
decided:	2001-01-17
status:	published
citation:	336 N.J.Super. 532
Document Size:	22961

2792 MICHAEL G. BRADY v. MIGUEL A. PULGAR -- rank: 367

... Court of New Jersey, Law Division, Hudson County, Docket No. L-1855-05. Nancy McDonald argued the cause for appellants/cross ... on the brief; Diana M. Hendry, on the brief). William L. Gold argued the cause for respondents/cross-appellants (Bendit Weinstock ... for future medical expenses); it also awarded plaintiff's wife $2,500,000 on her per quod claim. In addition, the ... and in favor of his wife in the amount of $2,000,000, together with $155,000 pre-judgment interest. Defendants ... scooter. Plaintiff certified that, "[o]n most days [he] need[ed] the aid of a wheelchair and/or scooter in order ... accident were plaintiff and Pulgar. Plaintiff testified that on March 2, 2004, at approximately 10:15 a.m., he walked ...

docket:	a4858-06
court:	superior court appellate division
decided:	2009-08-27
status:	unpublished
citation:
Document Size:	191014

2793 ANTHONY BADALAMENTI v. VICTOR C. SIMPKISS III -- rank: 367

... Court of New Jersey, Law Division, Burlington County, Docket No. L-1680-08. Paul R. Melletz argued the cause for appellant ... Defendants moved for summary judgment. After oral argument, Judge Karen L. Suter determined that defendants owed no duty to plaintiffs, and ... or order as a matter of law." R. 4:46-2(c). If there is no genuine issue of material fact ... judge held that Meade v. Purity Bakers , 115 N.J.L. 471 (E. & A. 1935), was controlling. As a separate basis ... to be considered include: "(1) the relationship of the parties; (2) the nature of the attendant risk; (3) the ability and ... 461-62 (1957) (quoting Prosser on Torts § 36 (2d ed.)). "Of all the factors noted above, 'foreseeability' has generally ...

docket:	a5571-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-06
status:	published
citation:	422 N.J. Super. 86 27 A.3d 191
Document Size:	50620

2794 STATE OF NEW JERSEY v. JUAN CARLOS VIERA, -- rank: 367

... Release Act (NERA), N.J.S.A. 2C:43-7.2, was implicated. See footnote 2 2 Accordingly, on count two, the judge ordered defendant to serve ... his life.     Defendant said on October 9, 1998, at approximately 2:00 p.m., he was driving his car and saw ... charge to the jury or omissions therefrom." R. 1:7-2. However, R. 1:7-2 is expressly made subject to R. 2:10-2, ...

docket:	a5729-99
court:	njappellate
decided:	2001-12-31
status:	published
citation:	346 N.J. Super. 198
Document Size:	35573

2795 BOROUGH OF SEASIDE PARK v. JESSE SADEJ -- rank: 367

... C-128-02, and Law Division, Ocean County, Docket No. L-2412-04. Anthony X. Arturi, Jr. argued the cause for ... was insufficient to allow those claims to survive summary judgment; (2) the trial court erred in determining that their fraud claims ... prevented from doing so by the Borough attorney. On May 2, 2002, Borough administrator Joseph J. Delaney, Jr., met with Sadej ... entered an order accordingly on September 28, 2005. On April 2, 2007, the Sadejs moved for summary judgment to estop the ... judge reasoned that because Sadej met with Delaney on May 2, 2002 and was shown the allegedly false building plans, and ... and gratuitous injury upon the SLAPP defendants" and "unduly burden[ed] the courts with duplicative litigation." LoBiondo , supra , 323 N. ...

docket:	a6596-06
court:	superior court appellate division
decided:	2009-07-17
status:	unpublished
citation:
Document Size:	114543

2796 BOARD OF EDUCATION OF THE TOWNSHIP OF LYNDHURST, BERGEN COUNTY v. JOHN A. BLEVIS -- rank: 367

... 1) the burden of proof was improperly placed on appellant, (2) the Board failed to prove that appellant's behavior affects ... arms flailing which was described as adversarial, disruptive and alarming. 2. Staff members have complained of harassing and intimidating behavior by ... respondent has pointed out, N.J.S.A. 18A:16-2 was designed to protect students from the actions of teachers ... evidence adduced at the hearing before the ALJ "abundantly depict[ed] a level of hostility, belligerence and lack of control on ... N.J. 644 , 656 (1999) (quoting Clowes v. Terminix Int'l, Inc. , 109 N.J. 575 , 587 (1988)); Brady v. Bd ... supra , 158 N.J. at 656-67; R & R Mktg., L.L.C. v. Brown-Forman Corp. , 158 N.J. ...

docket:	a6004-07
court:	superior court appellate division
decided:	2009-10-08
status:	unpublished
citation:
Document Size:	60147

2797 SSI MEDICAL SERVICES V. STATE OF NEW JERSEY DEPT OF HUMAN SERVICES -- rank: 367

... DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES,     Respondent. _________________________________________________________________         Argued May 2, 1995 - Decided September 14, 1995         Before Judges Michels, Stern and ... respondent (Deborah T. Poritz, Attorney General, attorney for respondent; Joseph L. Yannotti, Assistant Attorney General, of counsel; Mr. Worthington, on the ... corners when they deal with the Government," Rock Island, A. & L.R. Co. v. United States , 254 U.S. 141 , 143, 41 S. Ct. 55 , 56, 65 L.Ed. 188 , 189 (1920), has in recent times been transformed into ... standard applies to the vast majority of administrative agency matters. 2 Davis & Pierce, Administrative Law Treatise § 10.7 (3d ed. ...

docket:	a5489-93
court:	njappellate
decided:	1995-09-14
status:	published
citation:	284 N.J.Super. 184
Document Size:	50433

2798 JANE BANSAL v. ASHWANI BANSAL -- rank: 367

... and A-0598-06T3); Law Division, Hunterdon County, Docket No. L-151-05 (A-0430-06T3). Jane Bansal, appellant pro se ... 1 WAS TIMELY FILED AS REQUIRED BY RULE 4:50-2. A. JUDGMENT OF DIVORCE ON FILE WITH COURT AND DEFENDANT ... 1. BONUSES. C. INTENTIONAL INCONSISTENT POSITIONS BARRED BY JUDICIAL EXTOPPEL. 2. LONG[-]TERM INCENTIVE COMPENSATION AWARDS. 3. GROUNDS FOR DIVORCE. 4. HOUSE REPAIR BILL. 5. ANNUAL BONUS FOR 2 003 AND 2004. 6. COLLEGE EXPENSES. 7. COUNSEL FEES. 8 ... abuse his discretion in denying a further extension of discovery, (2) properly granted partial summary judgment, and (3) did not err ... example of defendant's financial dishonesty. She produced defendant's 2 004 CIS and 2005 CIS, which she claimed misstated ...

docket:	a0598-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-10-22
status:	unpublished
citation:
Document Size:	137647

2799 STATE OF NEW JERSEY v. ADRIENNE N. SMITH -- rank: 367

... of counsel and on the brief.). 1 1 On December 2, 2020, former trial counsel for defendant Orville Cousins withdrew and ... did not represent Cousins during the trial. A-0838-20T4 2 required certain operations cease to reduce the rate of community spread.2 As of mid-December, the Centers for Disease Control and ... have ordered the suspension of jury trials. 5 Since early 2 See Exec. Order No. 107 (Mar. 21, 2020), 52 N ... jury trials until February. See Coronavirus and the Courts, Nat'l Ctr. for State Courts, https://www.nscs.org/newsroom/public ... inexcusable neglect, inadvertence, oppressive conduct, or prosecutorial or defense misconduct; (2) the existence of viable alternatives; 6 See NJCourts COVID- ...

docket:	a0838-20
court:	NJ Superior Court Appellate Division
decided:	2020-12-31
status:	Published
citation:
Document Size:	76934

2800 STATE OF NEW JERSEY v. RICKY W. SESSOMS -- rank: 367

... Memorandum of Decision on September 11, 2009, denying the motion. 2 Subsequently, through counsel, defendant negotiated a plea agreement, by which ... should have been afforded an evidentiary hearing. Rule 3:22-2 lists the cognizable grounds for PCR, including the "[s]ubstantial ... 466 U.S. 668 , 686, 104 S. Ct. 2052 , 2063, 90 L. Ed.2d 674 , 692 (1984); State v. Fritz , 105 N.J ... 52 , 58-59, 106 S. Ct. 366 , 370-71, 88 L. Ed.2d 203 , 209-11 (1985). Evidentiary hearings may ...

docket:	a0957-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-23
status:	unpublished
citation:
Document Size:	26966

2801 STATE OF NEW JERSEY v. MARK A. BOYD -- rank: 367

... third-degree resisting arrest, N.J.S.A. 2C:29-2 (count nine). Defendant was also convicted of second-degree aggravated ... of third-degree burglary, N.J.S.A. 2C:18-2 (count six). The judge sentenced defendant to a term of ... Release Act (NERA), N.J.S.A. 2C:43-7.2; four years on count two; twenty years on count four ... BLAKELY V. WASHINGTON , ___ U.S. ___, 124 S. Ct. 2531, 154 L. Ed.2d 403 (2004). [ State v. Boyd , No. A-6819-02 ... second time and the officer returned fire. Ibid. Defendant "'scream[ed] as if he had been hit, in a painful ...

docket:	a1835-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-15
status:	unpublished
citation:
Document Size:	27358

2802 JOSEPH G. CASELLA v. TOWNSHIP OF MANALAPAN -- rank: 367

... Court of New Jersey, Law Division, Monmouth County, Docket No. L-3194-08. S. Gregory Moscaritolo argued the cause for appellant (Mr. Moscaritolo and Brach Eichler, L.L.C., attorneys; Mr. Moscaritolo, on the brief). Richard D. Trenk ... 7, 2008, plaintiff commenced suit alleging defendant had negligently "design[ed], erect[ed] and maintain[ed]" the stop sign at the intersection at a distance " ...

docket:	a0139-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-05
status:	unpublished
citation:
Document Size:	35589

2803 ROBERT A. D'ANGELO v. OCWEN LOAN SERVICING, LLC -- rank: 367

... Court of New Jersey, Law Division, Union County, Docket No. L-1934-14. Meyer L. Rosenthal, attorney for appellant. Houser & Allison, APC, attorneys for respondents ... for failure to state a claim under Rule 4:6-2(e). Based on a review of the record and the ... mortgage were assigned to defendant Ocwen on December 23, 1996. 2 Plaintiff and Ocwen "and its predecessors" subsequently executed a settlement ... granted and should be dismissed pursuant to Rule 4:6-2(e). Following oral argument on defendants' motion, the trial court ... upon which relief may be granted under Rule 4:6-2(e). The court entered an order dismissing the complaint. ...

docket:	a4195-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-23
status:	unpublished
citation:
Document Size:	57610

2804 Eagle Fire Protection Corp. v. First Indemnity of America Insurance Company -- rank: 367

... construction beyond the terms of that agreement. (pp. 9-11) 2. Provisions in a contract limiting the time parties may bring ... 1) the date Olsen "ceased work" under the contract; and 2) the actions taken by First Indemnity that led Eagle Fire ... through July and August of 1990, and perhaps even later.     Ed LaHaye testified for First Indemnity that the last day that ... and Hassold on the project         cease before May 23, 1990?         2) Did the negotiations, conversations and         communications between the plaintiff and ... Jersey Mfrs. Ass'n Fire Ins. Co. , 117 N.J.L. 436 , 438 (E. & A. 1936); Ribiera , supra , 231 N.J ... be for a lesser period.         [ Weinroth , supra , 117 N.J.L. at 438].          Similarly, in A.J. Tenwood Associates , supra , ...

docket:	a-80-95
court:	njsupreme
decided:	1996-07-22
status:
citation:	145 N.J. 345
Document Size:	68484

2805 THE ESTATE OF VACILIKI NICOLAS et al. v. OCEAN PLAZA CONDOMINIUM ASSOCIATION, INC. -- rank: 367

... Court of New Jersey, Law Division, Monmouth County, Docket No. L-5512-03. Anthony J. Brady, Jr. argued the cause for ... was time-barred by N.J.S.A. 2A:14-2, the court left open the question of whether his mother ... filed his State complaint on December 1, 2003. See footnote 2     In lieu of filing an answer, defendant filed a motion ... barred pursuant to the N.J.S.A. 2A:14-2 two-year statute of limitations for LAD claims and because ... legal standard as the trial court under Rule 4:46-2(c). Antheunisse v. Tiffany & Co., Inc. , 229 N.J. Super ... N.J. 520 , 528-29 (1995) (quoting R. 4:46-2(c)). In determining whether there is a genuine issue ...

docket:	a4945-04
court:	njappellate
decided:	2006-11-16
status:	published
citation:	*CITE_PENDING*
Document Size:	47947