Search Results
| Case name | Citation | Summary |
| [New Jersey] STATE v. MICHAEL BLACKNALL | 1996/02/28 | Docket No: SYLLABUS Once the trial judge stated at the conclusion of the States case that he would not charge first-degree kidnapping and Blacknall took the stand to testify in his own defense, the trial judges decision acted as an acquittal of first-degree kidnapping. Therefore, double jeopardy attached and the dismissal was a bar to later reinstatement of the first degree kidnapping charge. |
| [New Jersey] MILOS v. EXXON CO., USA | 1996/02/22 | Docket No: SYLLABUS The monitoring examinations Walter Milos underwent, pursuant to the Exxon Asbestos Surveillance Program, constitute payments within the meaning of N.J.S.A. 34:15-27. Therefore, Miloss amended application for a reopener was not time-barred. |
| [New Jersey] PICOGNA v. BOARD OF EDUCATION OF CHERRY HILL | 1996/02/22 | Docket No: SYLLABUS Litigation-induced stress is not recoverable as a separate component of emotional distress damages. In addition, an assistant superintendent of schools does not acquire tenure under N.J.S.A. 18A:28-5(a) after working in a school district for three consecutive calendar years unless he or she is reemployed by that district for at least one day in a fourth year. |
| [New Jersey] TORMEE CONSTRUCTION, INC. v. MERCER COUNTY IMPROVEMENT AUTHORITY | 1996/02/06 | Docket No: SYLLABUS The specification in the Mercer County Improvement Authority bid for the Mercer County library construction project that required contractors to enter into a project labor agreement with appropriate labor organizations is invalid as inconsistent with public-bidding statutes. |
| [New Jersey] STATE v. ALEX SANCHEZ | 1996/02/05 | Docket No: SYLLABUS Because Alex Sanchez has failed to show that substantially exculpatory testimony would have been forthcoming had his severance motion been granted, he has not demonstrated prejudice sufficient to compel severance under Rule 3:15-2(b). The trial court, therefore, did not abuse its discretion in denying Alex Sanchezs severance motion. |
| [New Jersey] SAFFER v. WILLOUGHBY | 1996/02/05 | Docket No: SYLLABUS Under the unique circumstances of this case and the controlling rules in effect during the arbitration, the District XI Fee Arbitration Committee should have granted the client a thirty-day window of opportunity after discovery of the alleged malpractice to withdraw the request for arbitration. In the absence of the opportunity for Willoughby to withdraw the request for arbitration, the Appellate Division should have stayed the fee award pending the disposition of the legal malpractice complaint. |
| [New Jersey] IMO IRENE MUSICK, DEPARTMENT OF CORRECTIONS | 1996/02/01 | Docket No: SYLLABUS Given the Merit System Boards balanced approach to recognition of repetitive stress injuries and its overall need to allocate available resources among all State employees, the Boards policy determination to limit SLI benefits to one year from the first date of the disability is within the agencys statutory mandate, and application of that policy to Irene Musick does not constitute such a clear abuse of discretion as to warrant judicial intervention. |
| [New Jersey] NEW JERSEY TURNPIKE AUTHORITY v. NEW JERSEY TURNPIKE SUPERVISORS ASSOCIATION | 1996/01/31 | Docket No: SYLLABUS State laws and policies that prohibit discrimination by sexual harassment do not statutorily preempt or supersede the statutory authority of public employees and their representatives to negotiate disciplinary procedures, including binding arbitration, for imposing minor discipline based on workplace sexual harassment charges. Moreover, the negotiation of disciplinary procedures, including binding arbitration, for the imposition of discipline based on claims of sexual harassment is specifically authorized as a negotiable subject and does not impinge on or implicate an inherent managerial prerogative. |
| [New Jersey] FISCHER v. CANARIO | 1996/01/30 | Docket No: SYLLABUS Based on a weighing of the three factors -- public policy, reliance, and the effect on the administration of justice -- the damage apportionment rule announced in Scafidi on May 24, 1990 applies to cases tried after the date of that opinion. In addition, the trial court erred in declining to give the ultimate outcome charge; that omission was capable of misleading the jury. |
| [New Jersey] KANE v. HARTZ MOUNTAIN INDUSTRIES, INC. | 1996/01/22 | Docket No: SYLLABUS Conditioning defendants liability on a finding of Occupational Safety and Health Administration (OSHA) violations, rather than basing liability on general negligence standards, is reversible error. In addition, failing to provide adequate guidance to the jury regarding the proper interpretation of OSHA regulations and failing to instruct the jury as to which regulations applied depending on possible alternative factual findings was reversible error. |
| [New Jersey] PAGANO v. UNITED JERSEY BANK | 1996/01/22 | Docket No: none Because the common-law presumption of payment has been applied in New Jersey almost exclusively to mortgages and has never been applied to commercial transactions, there is no sound reason to revive a doctrine after its demise in this State for over fifty years for the purpose of applying it to bank accounts for the first time. |
| [New Jersey] YUN v. FORD MOTOR CO. | 1996/01/18 | Docket No: SYLLABUS Because reasonable minds could differ regarding the foreseeability of Hak Yun Changs injuries and whether the alleged defect was the proximate cause of the injuries, the grant of summary judgment as to Castle Ford, Universal Motor Coach and Miller Manufacturing Corporation was inappropriate. |
| [New Jersey] MUELLENBERG v. BIKON CORPORATION | 1996/01/18 | Docket No: SYLLABUS The provisions of the New Jersey Corporation Business Act, N.J.S.A. 14A:12-7(1)(c) and 14A:12-7(8), do, in rare circumstances, authorize a buy-out of the shareholders of a close corporation representing the majority of corporate ownership by the minority shareholders whose rights have been oppressed by that majority. |
| [New Jersey] STATE v. FRANK FERTIG, A/K/A FRANK FERDIG | 1996/01/04 | Docket No: SUPREMECOURTSYLLABUS The proffered post-hypnotic testimony of the States witness does not meet the requirements of State v. Hurd, 86 N.J. 525 (1981) and is therefore inadmissible. The Hurd guidelines apply even when the State plays no role in the witnesss hypnosis. |
| [New Jersey] Stella A. Schaevitz Trust v. Dir, Div of Taxation | 1995/12/14 | Docket No: none GROSS INCOME TAX - CAPITAL GAIN - FEDERAL COST BASIS NOT CONCLUSIVE Implicit in the mandate of NJSA 54A:5-1 to determine the basis of property through the use of the adjusted basis for federal income tax purposes is requirement that the adjusted basis used be correctly calculated under federal law. Director and the Court may review, adjust, modify, or reject federal tax cost basis determinations, if appropriate. click here to get this docum |
| [New Jersey] Bllum Ltd. Partnership v. Bloomfield Township | 1995/12/13 | Docket No: none CRABTREE, J.T.C. Defendant moves to dismiss plaintiff's complaint for failure to pay taxes at the county board level. For the reasons hereinafter stated, the motion will be granted. click here to get this docum |
| [New Jersey] Daniel and Adelaide Schiff v. Dir, Div of Taxation | 1995/10/31 | Docket No: none LOCAL PROPERTY TAX - CHARITABLE EXEMPTION - GOVERNMENT SUBSIDY HOUSING FOR HOMELESS Plaintiff's 7 residences for the homeless are exempt from local property tax because they are owned and operated by a charitable nonprofit entity, offer tem- porary housing at below market rates, and relieve government of some of the burden of housing the homeless, even though government subsidizes a sub- stantial portion of the organization's activities. Sizeable cash surplus and net income for a single taxable year did not establish that the organization or its properties were operated for profit. click here to get this docum |
| [New Jersey] Rolling Hills of Hunterdon LP v. Clinton Township | 1995/09/29 | Docket No: none LOCAL PROPERTY TAX - CHAPTER 91 - INCOME PRODUCING PROPERTY Nursing home is an income producing property for purposes of Chapter 91 because patient payments are partially attributable to the use of real estate and are thus in nature of rent. Therefore, defendant's motion to dismiss the complaint pursuant to NJSA 54:4-34 would be granted to the extent that a hearing on plaintiff's complaint would be limited to a reason- ableness hearing as specified in Ocean Pines Ltd. v. Point Pleasant Bor., 112 NJ 1 (1988). click here to get this docum |
| [New Jersey] Leonard Meyerson v. Dir, Division of Taxation | 1995/09/29 | Docket No: none INHERITANCE AND ESTATE TAX - TAX CREDIT FOR PROPERTY PREVIOUSLY TAXED Transfers in trust for nieces by 91 year old con- stituting 30% of her estate held to be taxable as made in contemplation of death. Taxpayer not entitled to credit for property previously taxed where decedent received assets two and one-half years prior to her death as bequest from her brother which transfer had been subject to NJ inheritance tax because NJ, unlike federal, does not provide for such credit. click here to get this docum |
| [New Jersey] Richard J. & Devorah H. Ehrlich v. Passaic City | 1995/08/11 | Docket No: none SALES AND USE TAX ACT - PARTY BOAT EXEMPTION - REASONABLE CLASSIFICATION To qualify for commercial party boat exemption under NJSA 54:32B-8.12, all four requirements listed in the statute must be met. Plaintiff's vessel was a charter boat and not a head boat as required by the statute. Additionally, it was not primarily engaged in sport- fishing as required by the statute. The State may tax different taxpayers differently even though they compete. Where no fundamental right or suspect or semi-suspect class is at issue, the Legislature's classification in constitutional if it is rationally related to a legitimate governmental objective. click here to get this docum |