Search Rutgers Law Library N.J. Court Opinions

3346 HOWARD D. BRUNSON v. AFFINITY FEDERAL CREDIT UNION -- rank: 335

... Court of New Jersey, Law Division, Bergen County, Docket No. L-4543-05. Anthony J. Cariddi argued the cause for appellant ... granting summary judgment when there were disputed issues of fact; (2) in finding that the grand jury indictment precluded a claim ... criminal action was instituted by the defendant against the plaintiff, (2) that it was actuated by malice, (3) that there was ... plaintiff. Prosser, Law of Torts , § 119 at 835 ( 4 th ed . 1971); Evans v. Jersey Central Pow e r Co. , 119 N.J.L. 88 ( E. & A . 1937). The plaintiff must establish each element ... person or property. Brennan v. United Hatters , 73 N.J.L. 729 , 744-45 ( E. & A . 1906). Defendants maintain that " ...

docket:	a4439-06
court:	njappellate
decided:	2008-09-09
status:	published
citation:	402 N.J.Super. 430
Document Size:	91212

3347 ROBERT E. LECH, D.C., d/b/a Chiropractic Centers of Maplewood v. STATE FARM INSURANCE COMPANY, -- rank: 335

... County.     William C. Slattery argued the cause for appellant     (Jack L. Cohen, attorneys; Mr. Slattery, of counsel     and on the brief ... that has similarly so held. Stank v. Jones , 17 Utah 2 d 96, 97, 404 P.2d 964 , 965 (1965). We ... J. Super. 342 , 346 (Law Div. 1992); 6 Am. Jur. 2 d Assignments § 113. Indeed, in the context of assignment of ... 830, 832 (1997). See also Gamata v. Allstate Ins. Co. , 90 Hawaii 213 , 222, 978 P.2d 179 , 188 (Haw. Ct ... 27-1 is similar to Rule 18(a). See footnote 2 2 Schnitzer & Wildstein, supra at AIV 927. There are no ...

docket:	A1866-99
court:	NJ Superior Court Appellate Division
decided:	2000-11-28
status:	published
citation:	335 N.J. Super. 254
Document Size:	23366

3348 STATE OF NEW JERSEY v. DAVID NASH -- rank: 335

... Court of New Jersey, Law Division, Ocean County, Indictment No. 90-10-1134. Joseph E. Krakora, Public Defender, attorney for appellant ... 58:10A-3, N.J.S.A. 2C:17-2a(2) (count three). The case began when police in Jackson Township ... offender pursuant to N.J.S.A. 2C:44-3a. 2 The court sentenced defendant, then forty-one years old, to ... or toxic waste, N.J.S.A. 2C:17-2a(2); third-degree violation of the Water Pollution Control Act, N.J.S.A. 58:10A-10(f)(2); and multiple counts for conspiracy, burglary, and theft-related offenses ... procedural and substantive grounds. Nash v. Hendricks , No. 02-2082, 2 007 U.S. Dist. LEXIS 7745 2 (D.N. ...

docket:	a5822-08
court:	NJ Superior Court Appellate Division
decided:	2013-06-12
status:	unpublished
citation:
Document Size:	25294

3349 STATE OF NEW JERSEY v. AARON CROOMS -- rank: 335

... to distribute, N.J.S.A. 2C:35-5(b)(2), and count one charging third-degree possession of CDS, N ... were on duty in the early evening hours of February 2, 2007, in plain clothes, driving an unmarked car. They had ... U.S. 1, 30, 88 S. Ct. 1868 , 1884, 20 L. Ed.2d 889 , 911 (1968), found that there was "ample, reasonable ... the stop ha[s] to be unforeseen and spontaneous and (2) . . . exigency must be assessed based on the particular facts and ... New Jersey is permissible where (1) the stop is unexpected; (2) the police have probable cause to believe that the ...

docket:	a4118-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-11
status:	unpublished
citation:
Document Size:	39675

3350 STATE OF NEW JERSEY v. ALVIN McMICKEL -- rank: 335

... record). 530 U.S. 466 , 120 S. Ct. 2348 , 147 L. Ed.2d 435 (2000), Blakely v. Washington , 542 U.S. 296 , 124 S. Ct. 2531 , 159 L. Ed.2d 403 (2004) and State v. Natale , 184 N.J ... SENTENCE. We note at the outset the language of R. 2:10-2, which provides that any error shall be disregarded by ...

docket:	A0134-03
court:	NJ Superior Court Appellate Division
decided:	2005-11-03
status:	unpublished
citation:
Document Size:	59816

3351 IN THE MATTER OF THE ESTATE OF BYUNG-TAE OH -- rank: 335

... N.J. Super. 402 (App. Div. 2016). A-2760-18 2 were entitled to equal shares of decedent's estate and ... 1998. After his student visa expired, defendant obtained an E-2 visa, which required that he invest money and start a business in the United States. 2 He secured a commercial loan and, in May 1999, established ... personal Korean bank account to B&H's corporate bank 2 Defendant is now a permanent resident of the United States ... H's business account as opposed to his personal account; (2) was unable to produce any documentation confirming the money was ... an initial capital contribution to B&H of more than $2,200,000, which was comprised of a gift to ...

docket:	a2760-18
court:	NJ Superior Court Appellate Division
decided:	2021-03-23
status:	Unpublished
citation:
Document Size:	54486

3352 STEVEN JONES - v. CITY OF MILLVILLE POLICE DEPARTMENT -- rank: 335

... or failure to perform duties, N.J.A.C. 4A:2-2.3(a)(1); conduct unbecoming a public employee, N.J.A.C. 4A:2-2.3(a)(6); and other sufficient cause, N.J.A.C. 4A:2-2.3(a)(11), including violations of the MPD’s ...

docket:	a0093-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-15
status:	unpublished
citation:
Document Size:	32499

3353 CARMINE A. PECORELLI v. BOARD OF TRUSTEES PUBLIC EMPLOYEES RETIREMENT SYSTEM -- rank: 335

... the pension statute, N.J.S.A. 43:15A-57.2, because it was a PERS-covered position, and his wages ... twelve months, as provided by N.J.A.C. 17:2-2.4(d). Because Pecorelli's compensation exceeded the annual limit ... violation warrants the application of equity." Nonetheless, the Board "reject[ed] the ALJ's conclusions of law that Mr. Pecorelli's ... denied , 449 U.S. 983, 101 S. Ct. 400, 66 L. Ed. 2d 245 (1980). The burden of showing the agency' ...

docket:	a1635-12
court:	NJ Superior Court Appellate Division
decided:	2013-11-27
status:	unpublished
citation:
Document Size:	33251

3354 SPARROWEEN,LLC v. TOWNSHIP OF WEST CALDWELL -- rank: 335

... Court of New Jersey, Law Division, Essex County, Docket No. L-1966- 16. Steven J. Martino argued the cause for appellants ... joins the opinion with the consent of the parties. R. 2:13-2(b). Fernandez, of counsel; Anthony D. Capasso and Michael Garcia ... Sparroween has operated a tobacco retail store in West Caldwell.2 One-third of the store consists of sale space for ... remainder of the store consists of seating areas for customers. 2 At oral argument, counsel for the parties informed us that ... that the store might reopen if the ordinance was invalidated. 2 A-4083-15T1 In early 2014, Sparroween submitted an ...

docket:	a4083-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-14
status:	published
citation:	452 N.J.Super. 329 173 A.3d 1097
Document Size:	43763

3355 STATE OF NEW JERSEY VS. STEVEN FORTIN -- rank: 335

... accelerated appeals in this capital murder case, pursuant to R. 2:2-4 we granted defendant's motions for leave to appeal ... denied , 516 U.S. 1129 , 116 S.Ct. 949 , 133 L.Ed.2d 873 (1996)).     Thus, the trial judge's decision is ... a function reserved exclusively to the jury. State v. Collier, 90 N.J. 117 (1982). Hence, an expert's testimony that ... contained in State v. Berry , 140 N.J. 280 , 289-90 (1995), for admission of expert testimony: (1)    the intended ...

docket:	a7556-97
court:	njappellate
decided:	1999-03-01
status:	published
citation:	318 N.J.Super. 557
Document Size:	49021

3356 STATE OF NEW JERSEY IN THE INTEREST OF A.M. -- rank: 335

... resisting arrest, contrary to N.J.S.A. 2C:33-2. The trial court imposed a sixteen-month term in the ... possessed cocaine, contrary to N.J.S.A. 2C:33-2. The following evidence was presented during a bench trial in ... Policing and was on patrol and in uniform. At about 2:30 in the afternoon, he saw a young woman on ... When Cristobal tried to take his fingerprints, A.M. "swerv[ed] his arms." On the basis of this evidence, the trial ... fighting or threatening, or in violent or tumultuous behavior; or (2) Creates a hazardous or physically dangerous condition by any act ... the actor." N.J.S.A. 2C:33-2a(1)-(2). In order to establish that A.M. engaged in ...

docket:	a3715-03
court:	njappellate
decided:	2005-10-06
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	69878

3357 STATE OF NEW JERSEY v. SHAREEF K. MAYFIELD -- rank: 335

... a law enforcement officer, N.J.S.A. 2C:29-2(b); fourth-degree obstructing the administration of law, N.J ... they saw the driver, a "kind of stocky, bald head[ed]" African-American male, exit the driver's side, and an ... earlier. II. Prior to the trial, defendant requested a Wade 2 hearing to determine the admissibility of Wingate's out-of ... the witness' confidence immediately after the identification. Id. at 289-90. If there is some actual proof of suggestiveness, the trial ... U.S. 98 , 114, 97 S. Ct. 2243 , 2253, 53 L. Ed.2d 140 , 154 (1997)). To assess the reliability of ...

docket:	a5554-13
court:	NJ Superior Court Appellate Division
decided:	2016-10-18
status:	unpublished
citation:
Document Size:	30750

3358 ONORATO CONSTRUCTION, INC. VS EASTMAN CONSTRUCTION COMPANY -- rank: 335

... the wording of the request, without words of assignment, and (2) defendant's option to pay by joint check, leaving the ... denied , 464 U.S. 994 , 104 S.Ct. 488 , 78 L.Ed.2d 684 (1983). Forbearance from legal action is well recognized ... not directly stated as consideration, it may exist by implication. 2 Corbin on Contracts § 5.22 (Perillo & Bender ed. 1995). The fact that the consideration might flow from a ... law. Malaker Corp. Stockholders Protective Comm. v. First Jersey Nat'l Bank , 163 N.J. Super. 463 , 479 (App. Div. ...

docket:	a0470-97
court:	njappellate
decided:	1998-06-22
status:	published
citation:	312 N.J.Super. 565
Document Size:	21662

3359 Thisopinion shall not "constitute precedent or be binding upon any court Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3 IN THE MATTER OF THE LICENSE OF K -- rank: 335

... N.J.A.C. 13:37-7.1 to -7.2. 2 A-2141-15T1 'busted' after 'a physical altercation on his ... in the Recovery and Monitoring Program of New Jersey (RAMP) 2 'for a minimum of [ninety] days.' RAMP would require McCafferty ... that [he] spoke disrespectfully of [his] colleagues and made inappropriate 2 RAMP is a private, voluntary program that contracts with the ... of the complaints about him were dated prior to January 2, 2013. A Deputy Attorney General for the Board responded that ... not cite to N.J.S.A. 45:1-21(l) and did not make findings that McCafferty was engaged ...

docket:	a2141-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-16
status:	unpublished
citation:
Document Size:	58613

3360 HEATHER TRUCHAN,Plaintiff-Appellant,v. SAYREVILLE BAR and RESTAURANT. INC., t/a Sayreville Bar andRestaurant, JOHN V. KELLY, andJOHN DOE (1-15) Said Name BeingFictitious,Defendants-Respondents. -- rank: 335

... of intoxication and erratic driving immediately prior to the accident; (2) the liability verdict was so contrary to the evidence presented ... as excited utterances. See N.J.R.E. 803(c)(2). At the N.J.R.E. 104(a) then held ... to deliberate or fabricate". N.J.R.E. 803(c)(2). In determining whether a statement is admissible as an excited ... N.J. 78 (1969), cert. denied , 397 U.S. 1057 , 90 S.Ct. 1405 , 25 L.Ed.2d 675 (1970). The factors to be considered in ...

docket:	a2996-97
court:	njappellate
decided:	1999-07-09
status:	published
citation:	323 N.J.Super. 40
Document Size:	28562