Search Rutgers Law Library N.J. Court Opinions

4201 R.T. v. OFFICE OF THE PUBLIC DEFENDER -- rank: 254

... Court of New Jersey, Law Division, Essex County, Docket No. L-153-13. R.T., appellant pro se. John J. Hoffman ... that plaintiff had filed an amended complaint on March 15, 2 and that he was now asserting claims against thirty-three ... for granting injunctive relief set forth in Crowe v. DeGioia , 90 N.J. 126 (1982), Judge Chiocca denied plaintiff's OTSC ... of the voluminous filings," the judge determined that plaintiff "appear[ed] to assert claims involving fraud, conspiracy, false imprisonment, civil rights ... A. 59:8-8(b). Although that ruling "essentially end[ed] the inquiry" as to all defendants, the judge separately addressed ... are essential to the proper consideration of the issues." R. 2:6-1(a)(1)(I). Specifically, if the appeal ...

docket:	a0467-14
court:	NJ Superior Court Appellate Division
decided:	2016-02-23
status:	unpublished
citation:
Document Size:	27095

4202 JOHN BURKE v. TEACHERS' PENSION AND ANNUITY FUND -- rank: 254

... knowledge of the earnings test at the time, the October 2, 2002 property settlement agreement incorporated into petitioner's final judgment ... THE MANNER IN WHICH IT MAY DO SO, AND THAT (2) ACTUAL NOTICE OF THE EARNINGS TEST SOUGHT TO BE ENFORCED ... of them warrants disturbance of the final agency decision. R. 2:11-3(e)(1)(D). We, therefore, affirm substantially for ... N.J. 334 , 339 (1979) (internal quotation marks omitted); Davin, L.L.C. v. Daham , 329 N.J. Super. 54 , 67 (App ... diligence, and "nothing meaningful in the pensioner's conduct dilut[ed] the equities reflected in his favor." Id. at 343- ...

docket:	a3638-05
court:	njappellate
decided:	2007-05-14
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	51738

4203 CITIZENS UNITED RECIPROCAL EXCHANGE v. VINCENT F. MAIORANO -- rank: 254

... Court of New Jersey, Law Division, Ocean County, Docket No. L-678-10. Chad B. Sponder argued the cause for appellant ... the cause for respondent Craig Vanblarcom (Levinson Axelrod, attorneys; Kimberly L. Gozsa, on the brief). PER CURIAM In this insurance dispute ... was driving northbound on Lighthouse Drive in Stafford Township around 2:52 a.m. when the vehicle left the roadway and ... jury trial is limited. Seidman v. Clifton Sav. Bank, S.L.A. , 205 N.J. 150 , 169 (2011). Our inquiry is ... the legal consequences that flow from established facts." Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... truck, 'short of theft or the like[,] while it remain[ed] in his possession' would have provided the basis for ...

docket:	a0469-13
court:	NJ Superior Court Appellate Division
decided:	2016-03-04
status:	unpublished
citation:
Document Size:	40380

4204 STATE OF NEW JERSEY v. GREGORY ROSE -- rank: 254

... March 26, 2007 - Decided April 25, 2007 Before Judges S.L. Reisner and Seltzer. On appeal from the Superior Court of ... first-degree murder, N.J.S.A. 2C:43-7.2. On appeal, defendant challenges his conviction, asserting that, despite his ... trial court's duty to instruct on passion/provocation manslaughter. 2. Since a properly instructed jury reasonably may have convicted Mr ... we consider the allegations under the plain error standard. R. 2:10-2. See State v. Green , 86 N.J. 281 , 289 (1981 ... J. 526 , 538 (1969), cert. denied , 399 U.S. 930 , 90 S. Ct. 2254 , 26 L. Ed.2d 797 (1970). ...

docket:	a6410-03
court:	njappellate
decided:	2007-04-25
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	38181

4205 STATE OF NEW JERSEY v. RICHY ARIAS -- rank: 254

... such as defendant. Id. at 1-4. A-0930-18T4 2 At trial, 'the lead detective, David Cruz,' was 'qualified . . . as ... law enforcement' in case of a wiretap.' Id. at 1-2. 'Cruz testified that the majority of the wiretapped conversations that ... particular eyewitness/(earwitness)[,'] which Sergeant Dehais was' would have 'veer[ed] toward a prohibited area for . . . an expert witness.' See State ... of any expert's proffer,' 'this matter must be 'remand[ed] . . . for an evidentiary hearing and a determination of defendant's ... too vague, conclusory or speculative.' R. 3:22-10(e)(2). Indeed, the defendant 'must do more than make bald assertions ... J. 339, 350 (2012). Specifically, a defendant must show that (l) 'counsel's performance was deficient' and he 'made errors ...

docket:	a0930-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-28
status:	Unpublished
citation:
Document Size:	21574

4206 U.S. BANK NATIONAL ASSOCIATION v. POLLY GREEN -- rank: 254

... title and interest, Defendants-Appellants. November 24, 2015 Argued November 2, 2015 - Decided Before Judges Carroll and Sumners. On appeal from ... modification agreement with CitiMortgage, Inc. (Citi). The modification agreement "amend[ed] and supplement[ed]" the note and designated Citi as "Lender." It provided that ... support of the motion, plaintiff submitted the certification of Karen L. Shoup, Assistant Vice President of plaintiff's servicing agent, BSI ... or order as a matter of law." R. 4:46-2(c). "An issue of fact is genuine only if, considering ... kept in the regular course of business. [ R. 4:64-2(c).] See also Wells Fargo Bank, N.A. v. ...

docket:	a5775-13
court:	NJ Superior Court Appellate Division
decided:	2015-11-24
status:	unpublished
citation:
Document Size:	20005

4207 STATE OF NEW JERSEY v. JOEL M. UGROVICS -- rank: 254

... 54, cert. denied , ____ U.S. ____, 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008). We reverse. Consistent with the underlying principles ... appeal to the Law Division pursuant to Rule 3:23-2, the court accepted defendant's argument and suppressed the Alcotest ... not entitled to any special deference" on appeal. Manalapan Realty , L.P. v. Twp . Comm. of Manalapan , 140 N.J. 366 ... convincing evidence. See Romano v. Kimmelman , 96 N.J. 66 , 90-91 (1984). In Romano , the Court identified the following three ... of admissibility: (1) the proper operating condition of the machine; (2) the requisite qualifications of the operator; and (3) the ...

docket:	a4906-08
court:	superior court appellate division
decided:	2009-12-02
status:	published
citation:	410 N.J. Super. 482 982 A.2d 1211
Document Size:	49803

4208 GEORGINA SANTORA-NARGI v. DR. SKIP LYTLE -- rank: 254

... Appellants. ________________________________ Argued: February 11, 2009 - Decided: Before Judges Cuff, C.L. Miniman and King. On appeal from the Superior Court of New Jersey, Law Division, Atlantic County, Docket No. L-10014-06. Michael F. Martino argued the cause for appellants ... and care in [her] treatment," and thus negli­gently "deviat[ed] from that standard of chiropractic care nor­mally exercised by ... application of law to the facts is plenary. Manalapan Realty, L.P. v. Township Comm. of Manalapan , 140 N.J. 366 ... special deference."). III. Pursuant to the Affidavit of Merit Bill, L. 1995, c. 139 (codified at N.J.S.A. 2A ... in a laches analysis are (1) length of the delay; (2) reasons for the delay; and (3) "'the changing conditions ...

docket:	a0612-08
court:	NJ Superior Court Appellate Division
decided:	2009-04-24
status:	unpublished
citation:
Document Size:	49374

4209 PTL. CHRISTOPHER MONEK v. BOROUGH OF SOUTH RIVER -- rank: 254

... Court of New     Jersey, Law Division, Middlesex County,     Docket No. L-570-00.     Richard H. Bauch argued the cause for     appellant ... Mr.     Bauch, of counsel and on the brief, and     Damian L. Albergo, on the brief).     Joseph J. Benedict argued the cause ... J.S.A. 40A:14-155 was amended in 1986. ( L. 1985, c. 457 §1). Before that amendment, the statute permitted ... because of being a police officer." Moya v. New Brunswick , 90 N.J. 491 , 493 (1982) (officer was charged with breaking ... Benedict that he had seen, not just assumed, Brown "bang[ed] his head or something."     Thus, when Monek told Benedict to ... is identical to the issue decided in the previous proceeding; (2) the issue was actually litigated in the prior action, ...

docket:	a3645-00
court:	njappellate
decided:	2002-10-21
status:	published
citation:	354 N.J. Super. 442
Document Size:	28603

4210 DONNA CONKLIN v. JORGE PINILLOS -- rank: 254

... Court of New Jersey, Law Division, Morris County, Docket No. L- 1468-08. Kevin T. Kutyla, attorney for appellant. The Bell ... the underlying facts in this courthouse that you impermissibly touch[ed] Mrs. Conklin? A That was negotiated by my attorney and ... question. E.g. , Botta v. Brunner , 26 N.J. 82, 90 (1958); Dalton v. Gesser , 72 N.J. Super. 100 , 111 ... could not be based upon common knowledge); J.W. v. L.R. , 325 N.J. Super. 543 , 548 (App. Div. 1999 ...

docket:	a5439-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-28
status:	unpublished
citation:
Document Size:	28212

4211 VIJAYALAK SHIMRAMAN v. LAW OFFICES OF JOHN E. CLARKE LLC -- rank: 254

... Court of New Jersey, Law Division, Passaic County, Docket No. L-1429-16. Barry D. Epstein argued the cause for appellants ... as Tito. We refer to the couple, jointly, as plaintiffs. 2 A-1450-16T4 conducting an evidentiary hearing. For the reasons ... which relief may be granted, pursuant to Rule 4:6-2(e). Defendants argued the doctrine of judicial estoppel 'prevents a ... appeal followed. 4 A-1450-16T4 II Rule 4:6-2(e) provides that a complaint may be dismissed for 'failure ... asserted in the same or a prior proceeding.' Kimball Int'l, Inc. v. Northfield Metal Prods., 334 N.J. Super. 596 ... agreement, whereas in Ziegelheim a 'vulnerable litigant' had 'unknowingly enter[ed] into an inadequate settlement . . . .' Id. at 44. We found ...

docket:	a1450-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-14
status:	unpublished
citation:
Document Size:	51951

4212 IN RE THE APPLICATION OF FRANK DEPASQUALE FOR A PERMIT TO CARRY A HANDGUN -- rank: 254

... of res judicata: (1) an earlier decision on the issue; (2) a final judgment on the merits; and (3) the involvement ... dismissed , 455 U.S. 100 , 102 S. Ct. 867 , 70 L. Ed.2d 855 (1982). New Jersey courts have long held that ... dismissed , 394 U.S. 812 , 89 S. Ct. 1486 , 22 L. Ed.2d 748 (1969). The Angelo Court stated, "[t]he state ... a vested right which may not be revoked by the [L]egislature" as an exercise of its police powers. State ...

docket:	A0318-06
court:	NJ Superior Court Appellate Division
decided:	2007-06-27
status:	unpublished
citation:
Document Size:	41080

4213 WELLS FARGO BANK, N.A. v. ROBERT NEMETH, JR. -- rank: 254

... Chancery Division, Middlesex County, Docket No. F-013882-12. Robert L. Nemeth, Jr., appellant, argued the cause pro se. Siobhan A ... advised if he did not cure his default by February 2, 2011, plaintiff would begin foreclosure proceedings on the Monroe Township ... a certificate of amount due, stating Robert owed $371,284.90. The trial court entered a final judgment for that amount ... or order as a matter of law." R. 4:46-2(c). "An issue of fact is genuine only if, considering ... at Back Brook, LLC v. Klenert , 437 N.J. Super. 90 , 97-98 (App. Div. 2014). On appeal, defendants argue: (1) they were denied "equal access to the court;" (2) the trial court "ignored" N.J.S.A. 2A: ...

docket:	a0928-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-18
status:	unpublished
citation:
Document Size:	15379

4214 KELLY RUROEDE v. BOROUGH OF HASBROUCK HEIGHTS -- rank: 254

... Court of New Jersey, Law Division, Bergen County, Docket No. L-993-09. John A. Boppert argued the cause for appellants ... S. 471 , 488–89, 92 S. Ct. 2593 , 2604, 33 L. Ed.2d 484 , 498–99 (1972)).] The Court added that the ... Paco v. Am. Leather Mfg. Co. , 213 N.J. Super. 90 , 96 (App. Div. 1986) ("It is firmly established in our ...

docket:	a2200-10
court:	NJ Superior Court Appellate Division
decided:	2011-10-11
status:	unpublished
citation:
Document Size:	22700

4215 State v. Robert Smith -- rank: 254

... deprived the defendant of a fair trial. (Pp. 27-35) 2. The record is barren of any implication that the defense ... had dropped from what could have been 1,200 to 2,000 feet down to 75 feet or less with the ... the white sneakers would not make her more visible because “90 percent of visualization . . . is from the center of gravity or ... the prosecutor improperly commented on defendant's right to silence, (2) that the prosecutor's summation exceeded the bounds of propriety ... U.S. 78 , 88, 55 S. Ct. 629 , 633, 79 L. Ed. 1314 , 1321 (1935)). However, the increased frequency of prosecutorial ...

docket:	a-115-99
court:	njsupreme
decided:	2001-05-08
status:
citation:	167 N.J. 158
Document Size:	97781