Search Rutgers Law Library N.J. Court Opinions

3451 CHARLES E. HERBRUCK v. MARIA T. HERBRUCK -- rank: 327

... based on extreme cruelty. N.J.S.A. 2A:34-2(c). The court awarded defendant rehabilitative alimony of $2,950 per month for forty-two months, for which plaintiff ... 23(b). N.J.S.A. 2A:34-23(c). 2 "If the court determines that an award of permanent alimony ... for any or all of the following: (1) limited duration; (2) rehabilitative; (3) reimbursement." Ibid. In its written opinion, the trial ... the marriage." N.J.S.A. 2A:34-23(b)(2). "The 'defining distinction' between permanent and limited duration alimony is ... denied , 451 U.S. 971 , 101 S. Ct. 2049 , 68 L. Ed.2d 350 (1981)). Here, the facts found by ...

docket:	a3065-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-25
status:	unpublished
citation:
Document Size:	57354

3452 STATE OF NEW JERSEY v. JAMEEL N. JONES -- rank: 327

... S.A. 2C:11-3(a)(1) and -3(a)(2) (count one); second-degree unlawful possession of a weapon, N ... Release Act (NERA), N.J.S.A. 2C:43-7.2, on count one, and a concurrent five-year prison term ... that he was going to be questioned A-2238-19 2 regarding the homicide, and given Miranda1 warnings. Defendant waived his ... warrant application A-2238-19 5 for defendant's apartment.2 In the affidavit, Acevedo described the shooting and the evidence ... and gather items needed for the interrogation, including the standard 2 The apartment was leased by the mother of defendant's ... 25 p.m., after which he walked home and 'pass[ed] out.' His girlfriend woke him at about 11:00 ...

docket:	a2238-19
court:	NJ Superior Court Appellate Division
decided:	2022-09-23
status:	Unpublished
citation:
Document Size:	64329

3453 STATE OF NEW JERSEY v. ATOM MUHAMMED -- rank: 327

... conspiracy to commit robbery, N.J.S.A. 2C:5-2, 15-1; first degree robbery, N.J.S.A. 2C ... J. 318 , 341 (1998); Dolson v. Anastasia , 55 N.J. 2 , 7 (1969); State v. Johnson , 42 N.J. 146 , 161 ... decision rendered on the record on September 16, 2000. R. 2:11-3(e)(2). Defendant next argues for the first time on appeal that ... failed "to strenuously object" to McCall testifying in prison garb; (2) failed to advise defendant to testify to bolster McCall's ... been different. Strickland v. Washington , 466 U.S. 668 , 689-90, 104 S. Ct. 2052 , 2066, 80 L. Ed.2d ...

docket:	a5497-03
court:	njappellate
decided:	2006-07-31
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	30709

3454 STATE OF NEW JERSEY v. HASHONA CLARK -- rank: 327

... Court of New Jersey, Law Division, Atlantic County, Indictment No. 90-05-1489. Yvonne Smith Segars, Public Defender, attorney for appellant ... Designated Counsel, of counsel and on the brief). Theodore F.L. Housel, Atlantic County Prosecutor, attorney for respondent (Jack J. Lipari ... to commit armed robbery, N.J.S.A. 2C:5-2 and 137 N.J. 166 (1994). Defendant filed a petition ... because his trial attorney failed (1) to call two eyewitnesses; (2) to call alibi witnesses; (3) to adequately challenge the State ... that defendant was entitled to an evidentiary hearing on (1), (2), (3), (6), and (7). We affirmed with regard to the ... N.J. 242 (2006). Following our remand, defendant abandoned issues (2), (3) and (6). This left, for the trial court' ...

docket:	A0724-06
court:	NJ Superior Court Appellate Division
decided:	2007-12-21
status:	unpublished
citation:
Document Size:	34733

3455 CARL AND DELLA DARST v. BLAIRSTOWN TOWNSHIP ZONING BOARD OF ADJUSTMENT -- rank: 327

... Court of New Jersey, Law Division, Warren County, Docket No. L-0189-06. Richard I. Clark argued the cause for appellants ... 2004 what is identified in the record as exhibit "A-2." That exhibit consists of a September 24, 2002 letter and ... on each side, for a total of not more than 90 units. Each row shall not exceed 150 feet in length ... by [plaintiffs]. The variance resolution specifically cross-references exhibit A-2 from the February 10, 2004 hearing, which contained the building ... standard of review on such legal issues. See Manalapan Realty, L.P. v. T w p. Comm. of Mana lap an ... 1) not offend against any provision of the zoning ordinance; (2) not require illegal conduct on the part of the ...

docket:	a0308-08
court:	NJ Superior Court Appellate Division
decided:	2009-10-27
status:	published
citation:	410 N.J. Super. 314 982 A.2d 27
Document Size:	88541

3456 GAP, INC v. TRAVELERS INSURANCE COMPANY -- rank: 327

... Court of New Jersey, Law Division, Hudson County, Docket No. L-3659-09. Michael J. Frank argued the cause for appellant (Psak & Associates, L.L.C., attorneys; Mr. Frank, on the brief). Frank E. Borowsky, Jr., argued the cause for respondent (Borowsky & Borowsky, L.L.C., attorneys; Erin M. McDevitt-Frantz and Mr. Borowsky, on ... Travelers Ins. Co. , No. A-0295-10 (App. Div. May 2, 2011). On remand, Judge Bernadette N. DeCastro found that ...

docket:	a0593-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-08
status:	unpublished
citation:
Document Size:	42514

3457 ANSON B. ORR v. NAQUEA JOHNSON -- rank: 327

... provides 'jurisdiction shall lie in the State A-4212-18T4 2 of New Jersey.' Defendant's parenting time is to be ... 17 (2020). Defendant appeared before the Family Part on May 2, 2018, regarding her order to show cause, but the court ... were returnable on January 3, 2019. The Family Part judge 2 found New Jersey had jurisdiction based on the significant amount ... no one appealed or asked for relief from the order. 2 This judge entered the May 30, 2018 order. A-4212 ... not ambiguous. The court concluded that 'the credible evidence support[ed] a valid, voluntarily entered, written integrated contract whose terms are ... The court found that text messages between the parties 'reflect[ed] an ongoing discussion about the unsettled nature of the ...

docket:	a4212-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-19
status:	Unpublished
citation:
Document Size:	32292

3458 STATE OF NEW JERSEY v. TROY J. BLEVIN -- rank: 327

... for appellant (Alison Perrone, Designated Counsel, on the brief). Robert L. Taylor, Cape May County Prosecutor, attorney for respondent (Gretchen A ... U.S. 78 , 88, 55 S. Ct. 629 , 633, 79 L. Ed. 1314 , 1321 (1935)). While prosecutors may strike hard blows in ... prosecutor's conduct must be "clearly and unmistakably improper" and (2) it "must have substantially prejudiced defendant's fundamental right to ... crimes" evidence "suggesting" that defendant filed a false tax return. 2 Here defendant and the State entered into a pre-trial ... evidence "must be admissible as relevant to a material issue;" (2) "it must be similar in kind and reasonably close ...

docket:	a5736-11
court:	NJ Superior Court Appellate Division
decided:	2015-03-23
status:	unpublished
citation:
Document Size:	35590

3459 STATE OF NEW JERSEY v. JAHMIN MUSE -- rank: 327

... 2007 - Decided February 26, 2007 Before Judges Lintner and C.L. Miniman. On appeal from the Superior Court of New Jersey ... s concerns were raised below, our review is limited. R. 2:10-2; State v. Chapland , 187 N.J. 275 , 289 (2006). Unless ... of producing an unjust result," we must disregard it. R. 2:10-2. We may, however, "in the interests of justice, notice plain ... J. 526 , 538 (1969), cert. denied , 399 U.S. 930 , 90 S. Ct. 2254 , 26 L. Ed.2d 797 (1970). [ ...

docket:	A3741-05
court:	NJ Superior Court Appellate Division
decided:	2007-02-26
status:	unpublished
citation:
Document Size:	46365

3460 STATE OF NEW JERSEY v. MARTIN F. SMITH -- rank: 327

... officer had appeared earlier that day, but "he left at 2 o'clock because I didn’t need him because I ... make a u-turn, turn 180 degrees, then make a 90-degree right turn into a driveway. According to Valentine, he ... to find the defendant guilty of the improper U-turn. 2 II. We first address defendant's argument that he should ... no basis to make an assignment. See R. 7:3-2(b) (noting the "Guidelines for Determining a Consequence of Magnitude ... appeal. For that reason, we also assigned counsel. See R. 2:7-1; R. 2:7-2(b); R. 2:7-2(d); R. ...

docket:	a5217-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-30
status:	published
citation:	408 N.J. Super. 484 975 A.2d 523
Document Size:	40917

3461 ANTHONY CAMMAROTA, JR v. ANTHONY CAMMAROTA, SR -- rank: 327

... Court of New Jersey, Law Division, Passaic County, Docket No. L-4756-10. Edward P. Capozzi argued the cause for appellant ... Besler v. Bd. of Educ. of W. Windsor-Plainsboro Reg'l Sch. Dist. , 201 N.J. 544, 572 (2010). Defendants Anthony ... the house would be occupied by Senior and he "attest[ed] that all construction, plumbing or electrical work will be done ... knows about the project." He read the plans and "direct[ed] people what to do based on the plans." Joseph denied ... claims against them were barred by the statute of limitations. 2 The matter was tried before a jury on January 28 ... same as that for a motion under Rule 4:37-2(b) for a dismissal of an action at the ...

docket:	a3010-12
court:	NJ Superior Court Appellate Division
decided:	2014-02-28
status:	unpublished
citation:
Document Size:	37506

3462 DR. ROY STEINBERG v. UNIVERSITY OF MEDICINE AND DENTISTRY -- rank: 327

... from Superior Court of New Jersey, Law Division, Camden County, L-1305-02. F. Michael Daily, Jr., attorney for appellant. Peter ... the Center for Aging and in long term care facilities. 2. Increase involvement in teaching of medical students and residents. 3 ... basis for the discharge; that is, the changed model. Count 2 alleges a breach of contract. Plaintiff alleges that there is ... show that: "(1) he was member of the protected class; (2) he was performing the job at the level that met ... type of care for patients." In Clowes v. Terminix Int'l, Inc. , 109 N.J. 575 , 597 (1988) (quoting Loeb v ... denied , 521 U.S. 1129 , 117 S. Ct. 2532 , 138 L. Ed.2d 1031 (1997); Fuentes v. Persk ie , 32 ...

docket:	A0841-04
court:	NJ Superior Court Appellate Division
decided:	2005-12-09
status:	unpublished
citation:
Document Size:	53401

3463 STATE OF NEW JERSEY v. SAMUEL N. HAZELTON JR -- rank: 327

... dangerous substance (CDS), cocaine, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:35-5 (count one ... 1) ASKED DEFENDANT WHETHER "EVERYBODY" WHO IDENTIFIED HIM WAS "LYING"; 2) ASSURED THE JURY THAT THE POLICE ARE "OBLIGATED TO TELL ... were involved in a "gangs, guns and drugs" task force; 2) vouched for the credibility of Detective Santiago during the closing ... denied , 516 U.S. 1129 , 116 S. Ct. 949 , 133 L. Ed.2d 873 (1996). Considerable leeway is afforded to prosecutors in ... denied , 519 U.S. 1021 , 117 S. Ct. 540 , 136 L. Ed.2d 424 (1996). In general, if a defendant ...

docket:	a0023-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-08
status:	unpublished
citation:
Document Size:	40415

3464 ERIC TEVROW and PATRICIA TEVROW v. DELE AROWOLO, A/K/A DELE A. AROWOLO TUNDE ADEDOYIN A/K/A TUNDE A ADEDOYIN A/K/A BABATUNDE ADEDOYIN A/K/A BABATUNDE A ADEDOYIN; and OMOLOLA S. AROWOLO A/K/A OMOLOLA AROWOLA A/K/A LOLA S AROWOLO A/K/A LOLA AROWOLO A/K/ -- rank: 327

... Court of New Jersey, Law Division, Union County, Docket No. L-1701-11. Wayne S. Augenstein argued the cause for appellant ... required a $20,000 down payment and monthly installments of $2,000 continuing until the entire embezzled amount was satisfied. Arowolo ... or order as a matter of law." R. 4:46-2(c). We determine "whether the competent evidential materials presented, when ... denied , 535 U.S. 1077 , 122 S. Ct. 1959 , 152 L. Ed.2d 1020 (2002)). However, a "'trial court's interpretation of ... not entitled to any special deference.'" Ibid. (quoting Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. ...

docket:	a3173-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	54412

3465 Sharon Kahrar and Bernard Kahrar v. Borough of Wallington -- rank: 327

... be awarded unless the loss is substantial. (pp. 9-10) 2. To recover under the Tort Claims Act, a plaintiff must ... tear of the cuff with entire retraction of the proximal 90% of the supraspinatus[,] [one of the muscles that make up ... after surgery. Dr. Livingston noted that [t]here is only 90 degrees of abduction, 100 degrees of forward flexion as compared ... approximately 45 degrees of external rotation of the left shoulder, 90 degrees of the right. Internal rotation is present to the ... dangerous condition,” pursuant to N.J.S.A. 59:4-2.     The trial court granted summary judgment for defendant on both ... a plaintiff must prove “(1) an objective permanent injury, and (2) a permanent loss of a bodily function that is ...

docket:	a-68-00
court:	njsupreme
decided:	2002-02-27
status:
citation:	171 N.J. 3
Document Size:	73804