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3526 CITY OF UNION CITY V. 409-415 BERGENLINE AVENUE UC, LLC -- rank: 322

... Decision 409-415 BERGENLINE AVENUE UC, LLC Defendant F I L E D DEC 14 2018 Deemed‘ Deeember 14' 2018 Jeď ... of Union City (Chasan, Lamparello, Mallon & Capuzzo, PC, attorneys). Adolfo L. Lopez, for the Defendant, 409-415 Bergenline Avenue, UC, LLC ... Twenty—one of those units are residential apartments. The remaining 2 are commercial spaces. The residential units are located on the ... construction was evident at the property reporting that “over 90% of the wood framing was new construction.” Despite a ... the contested fact is more probable than its nonexistence.” 2 McCormick on Evidence §339 (Strong ed., 5m ed. 1999). Credibility assessments are key to a ...

docket:	c-144-18
court:
decided:	2018-12-14
status:
citation:
Document Size:	33647

3527 BAY HEAD-MANTOLOKING LAND COMPANY v. BEVERLY KONOPADA -- rank: 322

... Court of New Jersey, Law Division, Ocean County, Docket No. L-3361-15. Donald F. Burke argued the cause for appellant. Jill L. Thiemann argued the cause for respondent Beverly Konopada, Clerk and ... grounds: (1) the deliberative process privilege for draft reports; and (2) the attorney work product privilege. The trial court agreed with ... funding under the Disaster Relief Appropriations Act of 2013, Pub. L. No. 113-2, to "construct a system of engineered beaches and dunes across ... Eminent Domain Act, N.J.S.A. 20:3-1; (2) the Disaster Control Act, N.J.S.A. App. ...

docket:	a4347-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-14
status:	unpublished
citation:
Document Size:	50813

3528 SAND CASTLE DEVELOPMENT, LLC v. AVALON DEVELOPMENT GROUP, LLC -- rank: 322

... of New Jersey, Law Division, Cape May County, Docket No. L-0176-16. Michael E. Holzapfel argued the cause for appellant ... law regarding the enforceability of contractual arbitration provisions "generally mirror[ed]" New Jersey law. Judge Gibson rejected plaintiff's argument that ... claims against Avalon because the Contract contained no arbitration provision. 2 We have considered these arguments in light of the record ... of contract law." Atalese v. U.S. Legal Servs. Grp., L.P. , 219 N.J. 430 , 442 (2014), cert. denied , __ U.S. __, 135 S. Ct. 2804 , 192 L. Ed.2d 847 (2015) (quoting NAACP of Camden Cty. E. ...

docket:	a3325-16
court:	NJ Superior Court Appellate Division
decided:	2017-10-26
status:	unpublished
citation:
Document Size:	24189

3529 THOMAS GILLILAND VS BOARD OF REVIEW, DEPARTMENT OF LABOR & INDUSTRY & RUTGERS, THE STATE UNIVERSITY -- rank: 322

... 1995.     For purposes of the unemployment compensation law, See footnote 2 In 1991 the Legislature recognized an inequity under that definition ... previous disability.     [Assembly Labor Comm. Statement to Assy. No. 2893, L. 1991, c. 486.] Section (2) of the amended statute applies to individuals such as the ... was able to return to work. See footnote 3 Section (2) defines the base year as:         the first four of the ... first quarter of 1995.     Referring to that portion of section (2) requiring the individual returning from a disability leave who seeks ... interpretation given to the statute by the agency . . . ." Bd. of Ed. of Tp. of Neptune v. Neptune Tp. Ed. Assn. , ...

docket:	a0757-95
court:	njappellate
decided:	1997-03-05
status:	published
citation:	<a href=
Document Size:	15145

3530 STATE OF NEW JERSEY v. W.O -- rank: 322

... to someone [the victim] would ordinarily turn to for support"; 2) "made within a reasonable time after the alleged assault"; and ... without any material interval." Black's Law Dictionary 692 (8th ed. 2004). However, the time in which a victim must voice ... victim not to tell anyone of the assault); State v. L.P. , 352 N.J. Super. 369 (App. Div.) (affirming the ... would kill her if she told anyone about the abuse; (2) previously struck by defendant; and (3) removed from defendant's ... N.J. 102 (1975). Here, contrary to P.H. , Hill , L.P. , and Hummel , the State did not present a plausible ... denied , 388 U.S. 461 , 87 S. Ct. 2120 , 18 L. Ed.2d 1321 (1967); State v. Bethune , 232 N. ...

docket:	a4527-06
court:	njappellate
decided:	2008-11-05
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	71495

3531 ATILA SEVINC v. FULTON HOUSE -- rank: 322

... Court of New Jersey, Law Division, Hudson County, Docket No. L-434-12. James Fitzgerald argued the cause for appellant/cross ... to co-op unit owners who purchase a parking spot. 2 When plaintiff purchased his co-op unit on August 12 ... still get his limousine into the space, but he "need[ed] to pay more attention now" to avoid hitting the wall ... objection to the storage of gasoline due to safety concerns, (2) appropriate "common area" by painting lines through portions of any ... deference granted to the trial court's conclusions. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... 1950) (quoting Kupfersmith v. Del. Ins. Co. , 84 N.J.L. 271, 275 (E. and A. 1912)). However, where the ...

docket:	a4412-13
court:	NJ Superior Court Appellate Division
decided:	2015-11-25
status:	unpublished
citation:
Document Size:	52396

3532 IRVINGTON POLICE BENEVOLENCE ASSOCIATION v. TOWNSHIP OF IRVINGTON -- rank: 322

... Court of New Jersey, Law Division, Essex County, Docket No. L-1715-11. Ramon E. Rivera argued the cause for appellants ... active duty or active duty for training shall not exceed 90 work days in the aggregate in any calendar year. Any leave of absence for such duty in excess of 90 days shall be without pay but without loss of time ... or order as a matter of law." R. 4:46-2. The court must not decide issues of fact, only whether ... in the absence of the statute of limitations. Lavin , supra , 90 N.J. at 151. Laches "precludes relief when there is ... statute of limitations, are not fixed but are characteristically flexible." 90 N.J. at 151. The doctrine is described as: [ ...

docket:	a3991-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-19
status:	unpublished
citation:
Document Size:	55401

3533 DORIS COLELLO v. BAYSHORE COMMUNITY HEALTH SERVICES -- rank: 322

... Court of New Jersey, Law Division, Monmouth County, Docket No. L-3476-05. Linda Wong argued the cause for appellant (Wong ... LAD), N.J.S.A. 10:5-1 to -49; 2) finding that even if Solis's conduct were to be ... or order as a matter of law." R. 4:46-2(c). This appeal arises from an order granting summary judgment ... statute of limitations. See N.J.S.A. 2A:14-2. However, events that are part of a continuing pattern of ... occurred but for the employee's gender; and it was (2) severe or pervasive enough to make a (3) reasonable woman ... at 607 (quoting Burns v. McGregor Elec. Indus. , 955 F. 2 559, 564 (8th Cir. 1992) (alteration added)). Finally, a ...

docket:	a3423-08
court:	superior court appellate division
decided:	2010-04-28
status:	Unpublished
citation:
Document Size:	103347

3534 NEW JERSEY MANUFACTURERS INSURANCE COMPANY v. NATIONAL CASUALTY COMPANY -- rank: 322

... Court of New Jersey, Law Division, Morris County, Docket No. L-3119-02. Allan Maitlin argued the cause for appellant (Sachs ... and on the brief; Christopher Klabonski, on the brief). Loren L. Pierce argued the cause for respondent (McElroy, Deutsch, Mulvaney & Carpenter ... of the claimants' case, as to both liability and damages; (2) whether the carrier's negotiation strategy had a reasonable prospect ... be construed as "prejudgment," as opposed to "post-judgment;" and (2) failing to tender its $1 million policy limit for settlement ... of her right forearm, with attendant nerve damage, requiring surgery; (2) a herniated disk (with some disk degeneration pre-existing the ... Brodskys to settle for less. Although the Brodskys initially demanded $2.3 million to settle, they ultimately agreed to accept $ ...

docket:	A0852-05
court:	NJ Superior Court Appellate Division
decided:	2007-06-04
status:	published
citation:	393 N.J. Super. 340 923 A.2d 315
Document Size:	68725

3535 SHAMSIDDIN ABDUR-RAHEEM v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 319

... guilty of the *.203 charge and imposed the following sanctions: 90 days' administrative segregation with credit for time served, 90 days' loss of communication time, 365 days' urine monitoring, and ... U.S. 539, 556, 94 S. Ct. 2963, 2975, 41 L. Ed. 2d 935, 951 (1974)). Our Supreme Court has set forth ... by the following factors: 1. The length of the delay; 2. The reason for the delay; 3. Prejudices to the inmate ... 3, September 9, September 29, October 10, October 20, December 2, and December 15, 2014, requesting an update on a ...

docket:	a3670-14
court:	NJ Superior Court Appellate Division
decided:	2017-05-10
status:	unpublished
citation:
Document Size:	41603

3536 STATE OF NEW JERSEY v. ANTHONY D. KILLE -- rank: 319

... Release Act (NERA), N.J.S.A. 2C:43-7.2. Before us, defendant raises the following arguments: POINT I SEVERAL ... THAT HAD BEEN SUPPORTED BY THE RECORD. A-1049-19 2 A REMAND IS ALSO NECESSARY FOR THE TRIAL COURT TO ... accident with another car in which defendant was a passenger.2 A verbal argument ensued between Davontae and defendant. Ten days ... to omit the subpoint headings contained in defendant's brief. 2 Because some of the witnesses share the same surname, and ... according to the State's ballistics expert, the gun 'appear[ed] jammed [with] a misfeed from one of the projectiles.' The ... at trial forecloses any argument on appeal, Rule 1:7-2, subject only to our review for plain error, i. ...

docket:	a1049-19
court:	NJ Superior Court Appellate Division
decided:	2022-04-29
status:	Published
citation:
Document Size:	38136

3537 /usr/local/share/www/libweb/collections/courts/tax/15775-12.opn.html -- rank: 319

... virtue of defendant’s failure to object, R. 4:46-2(a), states that CCYD uses the subject property to provide ... the training after a student receives 15 absences from school; (2) student internships in the workplace with adult mentors; (3) the ... Super. 289, 299-301 (App. Div. 2009); R. 4:46-2. The parties waived oral argument. Plaintiff’s motion is, therefore ... or order as a matter of law. R. 4:46-2 (c). In Brill v. Guardian Life Ins. Co. of Amer ... deciding a motion for summary judgment under Rule 4:46-2, the determination whether there exists a genuine issue with respect ... denied , 520 U.S. 1241 , 117 S. Ct. 1845 , 137 L. Ed.2d 1048 (1997); Princeton Univ. Press v. Borough ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	36974

3538 STATE OF NEW JERSEY VS PETER ROBINSON -- rank: 319

... On appeal from Superior Court, Law Division, Passaic County.         Susan L. Reisner, Public Defender, attorney for appellant (Edward C. Lehman, Designated ... of third degree burglary, N.J.S.A. 2C:18-2 (count one) and fourth degree resisting arrest, N.J.S ... Commission, New Jersey Penal Code, Vol. II: Commentary § 2C:18-2, at 211 (1971) (hereinafter 1971 Commentary) (emphasis added).] See State ... jury charge deprived him of due process of law. R. 2:10-2; see State v. Hock , 54 N.J. 526 , 538 (1969), cert. denied , 399 U.S. 930 , 90 S. Ct. 2254 , 26 L. Ed.2d 797 (1970).      ...

docket:	a4506-94
court:	njappellate
decided:	1996-04-18
status:	published
citation:	289 N.J.Super. 447
Document Size:	22503

3539 ANTHONY RICCA v. JENNIFER L. RICCA -- rank: 319

... NO. A-3195-20 ANTHONY RICCA, Plaintiff-Appellant, v. JENNIFER L. RICCA, Defendant-Respondent. _________________________ Submitted November 7, 2022 – Decided December ... attorneys for appellant (Michael C. Ayres, on the briefs). Jennifer L. Ricca, respondent pro se. PER CURIAM Plaintiff Anthony Ricca appeals ... plaintiff withdrew any remaining requests for relief. A-3195-20 2 children's childcare costs 'as needed.' The PSA also reflected ... In December 2020, plaintiff moved to modify his support obligations.2 Having retained new counsel, plaintiff argued his child support payments ... consideration all these appropriate deductions.' Based on the CSG worksheet 2 Although plaintiff's December 2020 motion set forth additional requests ... various medical records to the court and certified he 'suffer[ed] from a number of medical issues' affecting his 'ability ...

docket:	a3195-20
court:	NJ Superior Court Appellate Division
decided:	2022-12-13
status:	Unpublished
citation:
Document Size:	26791

3540 STEPHEN GARCIA v. ELIZABETH LILLESTON -- rank: 319

... Court of New Jersey, Law Division, Monmouth County, Docket No. L-1104-13. Robert B. Woods argued the cause for appellant ... cause. Garcia sought damages for (1) loss of reputation and (2) "great mental distress and emotional distress." On December 31, Fair ... complaint for failure to state a claim. R. 4:6-2(e). The Law Division granted the motion on February 14 ... written statement of reasons in accordance with Rule  1:6-2(f). This appeal followed. II. Garcia raises the following issues ... complaint for failure to state a claim, Rule 4:6-2(e), we are bound by the same standard that governed ... denied , 561 U.S. 1026 , 130 S. Ct. 3508 , 177 L. Ed.2d 1092 (2010). Where, however, it is clear ...

docket:	a2955-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-28
status:	unpublished
citation:
Document Size:	21710