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4276 GARY BIASSOU, Guardian ad Litem of ALESSIO BIASSOU Minor, and GARY BIASSOU and KATIA BIASSOU Individually v. JOHN FITZSIMMONS, M.D VIRTUA MATERNAL FETAL MEDICINE CENTER KENNEDY MEMORIAL HOSPITALS/UNIVERSITY MEDICAL CENTER and KEITH WILLIAMS, M.D -- rank: 241

... Court of New Jersey, Law Division, Camden County, Docket No. L-600-13. Bruce H. Nagel argued the cause for appellant ... can be briefly summarized. Defendant performed three ultrasounds on Katia 2 during the third trimester of her pregnancy. All three ultrasounds ... claimant who fails to file notice of his claim within 90 days as provided in section 59:8-8 of this ... accrual date is accepted. Relying on Hill v. Bd. of Ed. , 183 N.J. Super. 36 (App. Div. 1982), plaintiffs further ... depositions, and a physical evaluation. Id. at 39. Finally, over 2 1/2 years after the complaint was filed, defendant moved to ...

docket:	a2123-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	25225

4277 DAMIAN J. SABLON v. ISRAEL PEREZ -- rank: 241

... Court of New Jersey, Law Division, Essex County, Docket No. L-1302-11. Alfred V. Gellene argued the cause for appellant ... to prosecute the case was issued to Sablon. On September 2, 2011, an automatic order dismissing the complaint without prejudice against ... in Belleville) of C & J Towing's former registered agent. 2 An unsuccessful attempt to serve the registered agent with process ... I am going to deny the motion. I am persuad[ed] by counsel's argument that [the] defense will suffer prejudice ... N.J. Super. 408 , 413 (App. Div. 2006) (quoting R. 2:10-2). Against this standard, because we cannot properly review the ...

docket:	a2882-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-13
status:	unpublished
citation:
Document Size:	25614

4278 JUDITH HUNTER v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 241

... OF LABOR, and GEMINI MASSAGE ENVY BRANCHBURG, LLC, Respondents. ________________________________________________________________ November 2, 2016 Argued September 27, 2016 – Decided Before Judges Rothstadt ... arm pain so is advised to stay off work for 2 weeks;" an October 10, 2012 note from a bone and ... to work but asked "please allow[] [patient] to massage for 2 hours and rest for one, please follow this pattern throughout ... that the job caused the condition . . . [,]" and was not "connect[ed] to her decision to leave . . . as she was not under ... condition. N.J.A.C. 12:17-9.3(d) 2 ; see also Israel , supra , 283 N.J. Super. at 5 ... hours or pay of the employment of the first employer." L. 2015, c. 41, § 1. We conclude that Hunter' ...

docket:	a3837-14
court:	NJ Superior Court Appellate Division
decided:	2016-11-02
status:	unpublished
citation:
Document Size:	32034

4279 JOHN & AL CONSTRUCTION CO., LLC v. RINNETTA McGHEE -- rank: 241

... MOTION TO AMEND THE JUDGMENT, PURSUANT TO R. 4:49-2. Following our review of the record and applicable law, we ... 1930); Globe Home Improvement Co. v. Mishnisky , 120 N.J.L. 233 (Sup. Ct. 1938); Palmeri v. Albanese , 12 N.J ... 344, p. 903. Also see 3 Williston on Contracts , (Rev. ed.), sec. 805, p. 2256, wherein, at p. 2262, it is ... be fair compensation." [Krevolin , supra , 20 N.J. Super. at 90.] See also Jardine Estates v. Donna Brook Corp. , 42 N ... approved plans had been made, consisting of: A-Plans indicate 2 x 8 roof rafters, 16" oc [on center] for stairway, 2' and 4" rafters were used, and they are not ...

docket:	a4750-07
court:	superior court appellate division
decided:	2009-07-22
status:	unpublished
citation:
Document Size:	44006

4280 STATE OF NEW JERSEY v. MONTE TORRES -- rank: 241

... Court of New Jersey, Law Division, Essex County, Indictment No. 90-06-2656. Yvonne Smith Segars, Public Defender, attorney for appellant ... OF THE CRIME WAS INCOMPLETE AND CONFUSING. (Not Raised Below) 2) THERE WAS AN INSUFFICIENT FACTUAL BASIS FOR THE TRIAL COURT ... jury to hear prosecution witness Fernando Soriano's perjurious testimony; (2) the court erred when it permitted a five-year-old ... must either present (1) facts that demonstrate "excusable neglect" or (2) demonstrate "exceptional circumstances" warranting relaxation of the rule. Goodwin , supra ... 494; see also Pressler, Current N.J. Court Rules , comment 2 on R. 3:22-12 (2010) (observing that, pursuant to ... Arizona , 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966). (continued) (continued) 2 A-1749- ...

docket:	a1749-08
court:	superior court appellate division
decided:	2010-04-13
status:	Unpublished
citation:
Document Size:	90918

4281 ANTHONY BOONE v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 241

... copies of all remedy forms he wrote while housed on 2-Up, statements from witnesses, the December 19, 2010 pass list ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). We will not upset the determination of ... J. Racing Comm'n , 202 N.J. Super. 484 , 489-90 (App. Div.), certif. denied , 102 N.J. 337 (1985). In ...

docket:	a2724-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-01
status:	unpublished
citation:
Document Size:	17171

4282 ANGELA BURLEY v. ERIK LARSEN -- rank: 241

... Court of New Jersey, Law Division, Mercer County, Docket No. L-1310-12. Andrew Van Wagner argued the cause for appellant ... judge memorialized his decision in an October 4, 2015 order. 2 At the commencement of the trial, the court heard an ... disagreed, finding that because its October 4, 2015 order "redact[ed] any reference to disc herniation in [] Gupta's" testimony, "the ... moved for an involuntary dismissal pursuant to Rule 4:37-2(b) because without Gupta's testimony about the lumbar radiculopathy ... objective diagnostic device."  Davidson , supra , 189 N.J. at 189-90. Gupta testified that his use of injections constituted "diagnostic intervention ... s motion for an involuntary dismissal under Rule 4:37-2(b). The argument is based on the contention that ...

docket:	a1864-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-24
status:	unpublished
citation:
Document Size:	36491

4283 Q.J v. I.L.-J -- rank: 241

... NO. A-4567-15T1 Q.J., Plaintiff-Appellant, v. I.L.-J., Defendant-Respondent. __________________________________ Submitted January 17, 2018 – Decided February ... LLC, an application based start-up he created in 2011, 2 A-4567-15T1 which generated limited income. Defendant, who had ... questions rather than answering. On one occasion [plaintiff] even rul[ed] on his own objection . . . . Regrettably, [plaintiff] 6 A-4567-15T1 ... quoting N.J. Div. of Youth & Family Servs. v. G.L., 191 N.J. 596, 605 (2007)). [Gnall v. Gnall, 222 ... Div. 1998) (quoting Frantz v. Frantz, 256 N.J. Super. 90, 93 (Ch. Div. 1992)). We find no error in the ... at trial ($9,563- $3,025 = $6,538 divided by 2 = $3,269) . . . to equalize values within thirty . . . days. 17 ...

docket:	a4567-15
court:	NJ Superior Court Appellate Division
decided:	2018-02-20
status:	unpublished
citation:
Document Size:	71251

4284 INDEPENDENT REALTY COMPANY v. TOWNSHIP OF NORTH BERGEN -- rank: 241

... of New Jersey,         Law Division, Hudson County, Docket No. HUD-L-5018-03.         Jack Jay Wind argued the cause for appellant ... its property was situated in a zone designated as R-2, which allowed for multi-family high rise dwellings in accordance ... zone in which plaintiff's property is located from R-2 to R-3. The 1999 ordinance revision was adopted after ... of the 1999 revision was articulated in Article 1, Section 2 of the amended ordinance wherein it provided that the regulations ... actual cases and controversies, compare U.S. Const. art. III, § 2 with N.J. Const. art. VI, § 1, nevertheless it is ... at 240 (quoting Borchard, Declaratory Judgments at 34-35 (2d ed. 1941)).     This strong policy is solidly embedded in our ...

docket:	a5511-03
court:	njappellate
decided:	2005-04-08
status:	published
citation:	376 N.J. Super. 295
Document Size:	23693

4285 STATE OF NEW JERSEY IN THE INTEREST OF P.A. a Juvenile -- rank: 241

... County Prosecutor, attorney for respondent State of New Jersey (Meredith L. Balo, Assistant Prosecutor, of counsel and on the brief). PER ... possession of a defaced firearm, contrary to 149 N.J. 90, 99 (1997). The same allocation of the burden of proof ... denied , 488 U.S. 859 , 109 S. Ct. 152 , 102 L. Ed.2d 123  (1988). It is well established that very remote ... the meaning of N.J.S.A. 2C:39-1f; (2) the defendant possessed the firearm, which under N.J.S.A. 2C:2-1c requires knowledge or awareness of his control over ...

docket:	a6701-06
court:	njappellate
decided:	2008-12-02
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	38737

4286 STATE OF NEW JERSEY v. NEVILLE A. LAFOND -- rank: 241

... with intent to distribute N.J.S.A. 2C:5-2 (count one); fourth-degree possession of CDS (marijuana) over 50 ... our review to a search for plain error. See Rule 2:10-2. Where plain error is alleged in a jury charge, it ... J. 526 , 538 (1969), cert. denied , 399 U.S. 930 , 90 S. Ct. 2254 , 26 L. Ed.2d 797 (1970). In determining error, the charge must ...

docket:	A3059-05
court:	NJ Superior Court Appellate Division
decided:	2007-07-03
status:	unpublished
citation:
Document Size:	32348

4287 FULVIO STANZIALE et al. v. MONMOUTH COUNTY BOARD OF HEALTH et al. -- rank: 241

... from Superior Court of New Jersey, Law Division, Monmouth County, L-4665-99.     Rosemarie Cipparulo argued the cause for appellants (Weissman ... Act, N.J.S.A. 26:3A2-1 to - 35, L. 1975, c. 329, the Monmouth County Board of Chosen Freeholders ... answer and clearly established by the Board's Resolution #33-90, which memorializes plaintiff's employ, that plaintiff's employer is ... person holding a license issued under section 41 of P.L. 1947, c. 177 (C:26:1A-41), who is employed ... J.S.A. 26:11-1 to -31, repealed by L. 1975, c. 329, § 21, but the county board of health ... to persons employed by a "municipality or group of municipalities." L. 1947, c. 181, § 5. But when amended in 1950 ...

docket:	a5029-00
court:	njappellate
decided:	2002-04-26
status:	published
citation:	350 N.J. Super. 414
Document Size:	15693

4288 BRENDA C. SACHER v. S. MARK SACHER -- rank: 241

... 2007 - Decided February 27, 2007 Before Judges Lintner and C.L. Miniman. On appeal from the Superior Court of New Jersey ... on August 3, 2005, to (1) strike Sheldon's motion, (2) assess legal fees and sanctions against both Sheldon and his ... hearing, Judge Call placed on the record that on February 2, 2006, a civil complaint was filed in United States District ... Div. 1998) (citing Frantz v. Frantz , 256 N.J. Super. 90 , 93 (Ch. Div. 1992)). He then applied the economic needs ... and any further discussion would have no precedential value. R. 2:11-3(e)(1)(A), (E). We add the following ... denied , 522 U.S. 850 , 118 S. Ct. 140 , 139 L. Ed.2d 88 (1997); Panitch v. Panitch , 339 N. ...

docket:	A4028-05
court:	NJ Superior Court Appellate Division
decided:	2007-02-27
status:	unpublished
citation:
Document Size:	40319

4289 /usr/local/share/www/libweb/collections/courts/appellate/a4267-17.opn.html -- rank: 241

... his child support and payments in lieu of alimony obligations; (2) determining the value of the marital home; (3) distributing a ... 1:38-3(d)(9) and (13). A-4267-17T2 2 Defendant has a bachelor's degree in mathematics and economics ... the change: (1) advances in technology rendering voice brokers obsolete; (2) his age; and (3) the 2010 enactment of the Dodd ... offered defendant a position as a foreign exchange broker for $90,000 per year and commissions. Defendant started at Tradition in ... a year, which diminished his net income. Defendant testified his $90,000 salary represented the most he could earn in any ... also concluded '[n]umerous examples of noncompliance by defendant . . . evidenc[ed] his inability to adhere to court orders and a ...

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Document Size:	43735

4290 THOMAS M. LEONARD v. PORT AUTHORITY TRANS-HUDSON CORPORATION -- rank: 241

... Court of New Jersey, Law Division, Hudson County, Docket No. L-0401-10. Law Office of Thomas J. Joyce, III, attorney ... testified that an Occupational Safety and Health Administration (OSHA) regulation 2 requires that there be a distance of at least three ... jury." Lind v. Schenley Indus. Inc. , 278 F. 2d 79, 90 (3d Cir.) (en banc), cert. denied , 364 U.S. 835, 5 L. Ed. 2d 60, 81 S. Ct. 58 (1960) . Here, the evidence ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E). Affirmed. 1 State and ...

docket:	a3671-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-01
status:	unpublished
citation:
Document Size:	25049