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4381 FIRST UNION NATIONAL BANK, AS INDENTURE TRUSTEE v. PENN SALEM MARINA, INC., et al. -- rank: 216

... date and guaranteed by defendant Marvin Hitchner, III. See footnote 2 The mortgage was a lien against defendants' commercial real property ... involving personal rights, see Black's Law Dictionary , 711 (5th ed. 1979), while an action in foreclosure is quasi in rem ... J. Super. 56 , 62 (Law Div. 1993); Central Penn Nat'l Bank v. Stonebridge Ltd. , 185 N.J. Super. 289 , 302 ... a subsequent suit instituted for that purpose. . . ." 55 Am. Jur. 2 d Mortgages § 524 (1996). And, even while the underlying obligation ... position, defendants rely upon In re Mitchell , 281 B.R. 90 (Bankr. S.D. Ala. 2001). In Mitchell , the issue was ... consent of counsel, he has joined in this opinion. Footnote: 2 Defendant Marvin Hitchner, III is not a party to ...

docket:	A3128-04
court:	NJ Superior Court Appellate Division
decided:	2006-02-17
status:	published
citation:
Document Size:	29311

4382 MURRAY BASSEN v. NEW JERSEY RACING COMMISSION -- rank: 216

... Bassen for violation of N.J.A.C. 13:71-2.2, N.J.A.C. 13:71-1.19, N.J ... in original) (internal quotation marks omitted) (citing In re Polk , 90 N.J. 550 , 578 (1982)).  "The threshold of 'shocking' the ... De Vitis , supra , 202 N.J. Super. at 489; R. 2:11-3(e)(1)(D). Bassen now proposes to present ... U.S. 668, 687, 104 S. Ct. 2052, 2064, 80 L. Ed. 2d 674, 693 (1984).  And a parent facing a ...

docket:	a3820-11
court:	NJ Superior Court Appellate Division
decided:	2014-12-08
status:	unpublished
citation:
Document Size:	23906

4383 KAREN TROHALIDES v. PETER MACHAT -- rank: 216

... birthday gift and the other half she labeled a loan, (2) executing a $130,100 loan secured by a purchase money ... day of the purchase of this house. We agree within 90 days we will define the original purchase agreement with an ... his labor in repairing the Clayton property, explaining he question[ed] the fact that there was any expectation from the very ... facts are not entitled to any special deference." Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... merit to warrant further discussion in a written opinion. R. 2:11-3(e)(1)(E). Affirmed. The parties did not ... a provision for payment for defendant's labor. (continued) (continued) 2 A-4500-08T2 August 27, 2010 Document created with ...

docket:	a4500-08
court:	superior court appellate division
decided:	2010-08-27
status:	unpublished
citation:
Document Size:	53075

4384 STATE OF NEW JERSEY v. BEAUJAMES COUGHLIN -- rank: 216

... fifty grams of marijuana, N.J.S.A. 2C:36-2. Because all of the charges arose from the same episode ... error was "clearly capable of producing an unjust result." R. 2:10-2. Not any possibility of an unjust result will suffice; the ... J. 526 , 538 (1969), cert. denied , 399 U.S. 930 , 90 S. Ct. 2254 , 26 L. Ed.2d 797 (1970). The State argues that the marijuana ...

docket:	a4927-06
court:	njappellate
decided:	2008-03-07
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	39456

4385 JAIME E. VELAZQUEZ v. JBB CAPITAL RECOVERY & PROTECTION INC. -- rank: 216

... RONNIE DeLAPP and RANGER INSURANCE COMPANY, Defendants-Respondents. ___________________________________ Submitted March 2, 2009 - Decided Before Judges Reisner, Sapp-Peterson and Alvarez. On ... the Superior Court of New Jersey, Law Division, Atlantic County, L-1537-04. Jacobs & Barbone, P.A., attorneys for appellants (Arthur ... have not considered them in deciding this appeal. See R. 2:5-4(a); Middle Dep't Insp ection Agency v ... employed by the trial court. Bello v. Lyndhurst Bd. of Ed. , 344 N.J. Super. 187 , 189-90 (App. Div. 2001). Generally, summary judgment should be granted where ... or order as a matter of law." R. 4:46-2; Brill v. Guardian Life Ins. Co. of Am. , 142 ...

docket:	a2926-07
court:	NJ Superior Court Appellate Division
decided:	2009-03-24
status:	unpublished
citation:
Document Size:	30967

4386 VIC CHANDOK v. REKHA CHANDOK -- rank: 216

... were conducted before the recusal motion was filed. On November 2, 2006, a discovery order was entered in which the parties ... certified, had "not changed." According to counsel's accompanying certification: 2. I am an attorney admitted to practice in the State ... for a further adjournment was denied. II. Rule 1:12-2 provides that "[a]ny party, on motion made to the ... denied , 522 U.S. 850 , 118 S. Ct. 140 , 139 L. Ed.2d 88 (1997)). Defendant contends that the judge erred in ... litigation. We recognize that Camparato v. Schait , 180 N.J. 90 , 101 (2004), precluded a retrial because it "would work ...

docket:	a5871-06
court:	njappellate
decided:	2009-04-23
status:	published
citation:	406 N.J. Super. 595
Document Size:	69890

4387 STATE OF NEW JERSEY v. RAUL D. LOPEZ -- rank: 216

... included crime. Invoking N.J.S.A. 2C:43-7.2, i.e. , eighty-five percent of the term without parole ... comment 9 on R. 3:21-4 and comment 8.2 on R. 2:3-1 (2007), and appeals from the trial court's ... M.B., and they made plans to meet. Defendant drove 90 minutes from Edison to M.B.'s home in Cherry ... U.S. 436, 479, 86 S. Ct. 1602 , 1630, 16 L. Ed.2d 694 , 726 (1966). (continued) (continued) 13 A-4469- ...

docket:	a4469-04
court:	njappellate
decided:	2007-07-20
status:	published
citation:	395 N.J. Super. 98
Document Size:	35159

4388 STATE OF NEW JERSEY v. MORGAN SCOTT -- rank: 216

... not harmless beyond a reasonable doubt. See State v. McCloskey , 90 N.J. 18 , 30 (1982) (noting that "errors which impact ... Washington , 542 U.S. 296 , 124 S. Ct. 2531 , 159 L.Ed. 2d 403 (2004), and State v. Natale , 184 N.J ... sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). Consequently, the matter is remanded to the trial court for ... package in which the cocaine was found in the car; (2) had knowledge of its character, that is that the ...

docket:	a5813-03
court:	njappellate
decided:	2006-09-21
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	102310

4389 LISA BARTON v. BURLINGTON COUNTY, et al. -- rank: 216

... Court of New Jersey, Law Division, Burlington County, Docket No. L-1932-02. Michael A. Galpern argued the cause for appellant ... to any material fact in the record. R. 4:46-2. We decide first whether there was a genuine issue of ... palpably unreasonable manner." See N.J.S.A. 59:4-2. She also noted that there was little in the record ... each of these determinations. N.J.S.A. 59:4-2 provides, A public entity is liable for injury caused by ... 536 (1987)); accord Birchwood Lakes Colony Club v. Medford Lakes , 90 N.J. 582 , 599, (1982); Costa v. Josey , 83 N ... by the public entity. Russo Farms v. Vineland Bd. of Ed uc . , 144 N.J. 84 , 111 (1996). Applying these ...

docket:	A3805-04
court:	NJ Superior Court Appellate Division
decided:	2006-10-30
status:	unpublished
citation:
Document Size:	41424

4390 STATE OF NEW JERSEY v. JACQUIM LOVELY -- rank: 216

... fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a). After merging the distribution counts with the school zone ... 263 (1964) (citing State v. Fiorello , 36 N.J. 80 , 90 (1961), cert. denied , 368 U.S. 967 , 82 S. Ct. 439 , 7 L. Ed.2d 396 (1962)). Governed by these standards, we conclude the ... from effecting an arrest." N.J.S.A. 2C:29-2(a)(2). The use of force against the arresting officer is ...

docket:	a4179-06
court:	NJ Superior Court Appellate Division
decided:	2009-10-27
status:	unpublished
citation:
Document Size:	21752

4391 STATE OF NEW JERSEY v. ROY D. SAVAGE -- rank: 216

... Court of New Jersey, Law Division, Essex County, Indictment No. 90-08-3865. Joseph E. Krakora, Public Defender, attorney for appellant ... his pro se brief, defendant cites to Rule 1:1-2 in support of his argument that the time bar should ... to not warrant much discussion in a written opinion, Rule 2:11-3(e)(2), we briefly address them. We do so in the interest ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984). The Strickland standard was adopted ...

docket:	a4333-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	18823

4392 STATE OF NEW JERSEY v. DONALD T. RIVERS -- rank: 216

... review defendant's challenges under the plain error standard. R. 2:10-2. To find plain error in respect to the court's ... J. 526 , 538 (1969), cert. denied , 399 U.S. 930 , 90 S. Ct. 2254 , 26 L. Ed.2d 797 (1970). Defendant was charged with violating N.J ... to interfere with the jury's verdict. Affirmed. (continued) (continued) 2 A-3863-07T4 January 29, 2010 This archive is ...

docket:	a3863-07
court:	superior court appellate division
decided:	2010-01-29
status:	Unpublished
citation:
Document Size:	31760

4393 WELLS FARGO BANK, N.A v. NUBIA DOMINGUEZ -- rank: 216

... c)(11) is dismissal without prejudice." U.S. Bank Nat'l Ass'n v. Guillaume , 209 N.J. 449 , 458 (2012 ... citing 29 New Jersey Practice, Law of Mortgages § 11.2, at 748 (Myron C. Weinstein) (2d ed. 2001)); see also Hyman v. Sun Ins. Co. , 70 N ... Reserve Bank of Phila. v. Welch , 122 N.J. Eq. 90 , 92 (Ch. 1937) (noting "the transfer of the notes . . . secured ... and the Note. The mortgage includes a grant to MERS 2 : For these purposes, Borrower does hereby mortgage, grant and convey ... she has not filed a cross-appeal contesting that determination. 2 Defined as follows: "'MERS' is the Mortgage Electronic Registration ...

docket:	a0539-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-08
status:	unpublished
citation:
Document Size:	29557

4394 STATE OF NEW JERSEY v. RODNEY ARMOUR -- rank: 216

... Release Act (NERA), N.J.S.A. 2C:43-7.2. This sentence is to be served concurrently with an eight ... are clearly without merit and require only limited discussion. R. 2:11-3(e)(2). The testimony regarding defendant's alleged homelessness, which is the ... as a persistent offender under 124 S. Ct. 2531, 159 L. Ed.2d 403 (2004). In State v. Dixon , 346 N.J ... of the public." State v. Dunbar , 108 N.J. 80 , 90 (1987). Because defendant must be resentenced in conformity with ...

docket:	a5690-03
court:	njappellate
decided:	2005-10-04
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	39610

4395 DARRELL STEWART v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 216

... finding of guilt was not supported by substantial evidence and (2) the disciplinary report was not timely served. Having reviewed Stewart ... and not requiring extended discussion in a written opinion. R. 2:11-3(e)(1)(E). We add only the following ... denied , 449 U.S. 983 , 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). We may not vacate an agency's ... J. Racing Comm'n , 202 N.J. Super. 484 , 489-90 (App. Div.), certif. denied , 102 N.J. 337 (1985). Because ... as required by N.J.A.C. 10A:4-9.2, resulted from the ongoing nature of the overall investigation. ...

docket:	a2860-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-27
status:	unpublished
citation:
Document Size:	12054