Search Results
| Case name | Citation | Summary |
| [New Jersey] DUNN V. PRAISS | 1995/04/18 | Docket No: SYLLABUS There may be contribution between one whose breach of contractual duty is a proximate cause of personal injury and one whose negligence is a proximate cause of the same injury. However, in the circumstances of this case, Dr. Marmar failed to adequately preserve his right to assert a cross-claim for contribution against the Health Care Plan of New Jersey. |
| [New Jersey] IN THE MATTER OF THE MUNICIPAL ELECTION HELD ON MAY 10, 1994, FOR THREE POSITIONS ON THE SPARTA TOWNSHIP COUNCIL | 1995/04/12 | Docket No: SUPREMECOURTSYLLABUS In an electronically-tabulated election conducted pursuant to N.J.S.A. 19:53A-5e, a write-in vote that is not punched in the provided location is invalid. |
| [New Jersey] NEW JERSEY STEEL CORPORATION V. RUPERT WARBURTON | 1995/04/12 | Docket No: none Midlantic Bank failed to exercise ordinary care in paying the checks at issue and thus may not invoke N.J. Steels negligence as a defense. Because Midlantic Bank is strictly liable for paying items that were not properly payable, under both N.J.S.A. 12A:3-406 and 4-406, that liability removes any defense that Midlantic Bank might have against N.J. Steel. Therefore, Midlantic Bank bears the entire loss. |
| [New Jersey] METROMEDIA COMPANY V. HARTZ MOUNTAIN ASSOCIATES | 1995/04/11 | Docket No: SYLLABUS Under the installment contract theory of accrual of a cause of action, Metromedias claims for a monthly credit for cleaning services accrued on a monthly basis beginning on January 1, 1985; however, any recovery for cleaning services for the period from January 1, 1985 to February 1, 1986 is barred by the six-year statute of limitations. |
| [New Jersey] ABTRAX PHARMACEUTICALS, INC. V. ELKINS-SINN, INC. | 1995/04/10 | Docket No: SYLLABUS There was adequate, substantial, and credible evidence in the record to sustain the trial courts factual findings of discovery misconduct consisting of the willful concealment of relevant documents; therefore, the trial court properly exercised its discretion in dismissing Abtraxs complaint pursuant to Rule 4:23-2(b)(3). |
| [New Jersey] P.F. AND B.F. V. NEW JERSEY DIVISION OF DEVELOPMENTAL DISABILITIES | 1995/04/10 | Docket No: SUPREMECOURTSYLLABUS The Division of Developmental Disabilities has not sustained its burden of proving that the proposed transfer of an autistic twenty-one-year-old man from an out-of-state institution to a New Jersey institution is appropriate. |
| [New Jersey] IMO LAWRENCE G. MAGID, An Attorney at Law | 1995/03/31 | Docket No: SYLLABUS Lawrence G. Magid is publicly reprimanded for his criminal conviction of the disorderly persons offense of simple assault. |
| [New Jersey] IMO SALVATORE PRINCIPATO, An Attorney at Law | 1995/03/31 | Docket No: SYLLABUS Salvatore Principato is publicly reprimanded for his criminal conviction of the disorderly persons offense of simple assault. |
| [New Jersey] PETRILLO V. BACHENBERG | 1995/03/29 | Docket No: SYLLABUS Under the circumstances of this case, the sellers attorney had a duty not to misrepresent negligently the contents of a material document on which he knew or should have known a potential buyer might rely to his or her financial detriment. |
| [New Jersey] DISTRIBUTEC, INC. V. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION | 1995/03/22 | Docket No: SYLLABUS Judgment of the Appellate Division is affirmed substantially for the reasons expressed in the written per curiam opinion below. The DEPE properly denied Distributecs permit application to build a new port facility on its property. |
| [New Jersey] ROBERTS V. RICH FOODS, INC. | 1995/03/21 | Docket No: SYLLABUS To preclude the defendants use of the 3a(2) defense, the plaintiff bears the burden of proving that the danger feasibly could have been eliminated without impairing the products usefulness. A plaintiff seeking to establish this second exception to the 3a(2) defense must prove that the defendant could have eliminated the danger without eliminating an inherent characteristic of the product, and thereby significantly diminishing the products intended use. |
| [New Jersey] STATE V. DONALD A. PETTIES | 1995/03/20 | Docket No: SYLLABUS An acquittal of the commission of a crime with a gun does not establish that its prior possession had always been for a lawful purpose. |
| [New Jersey] GENDEK V. POBLETE | 1995/03/15 | Docket No: SYLLABUS To maintain an indirect claim for negligent infliction of emotional distress resulting from alleged medical malpractice, an immediate, close and clear involvement or connection must be present between the person suffering emotional distress and the conduct of the professional health -care providers whose fault has contributed to the serious or fatal injuries of a related loved one. Partial summary judgment was appropriately granted because that high degree of involvement and connection was absent in this case. |
| [New Jersey] TURF LAWNMOWER REPAIR, INC. V. BERGEN RECORD CORPORATION, ET AL. | 1995/03/15 | Docket No: SYLLABUS In a defamation action, the negligence standard applies to businesses involved with an everyday product or service, whose practices do not constitute consumer fraud, impinge on the health and safety of New Jersey citizens, or comprise activity within a highly-regulated industry. However, to protect the public interest and the press, an actual-malice standard of proof will be imposed on an ordinary business when the medias allegations of consumer fraud, if true, would constitute a violation of the Consumer Fraud Act. |
| [New Jersey] IN RE OPINION NO. 26 OF THE COMMITTEE ON THE UNAUTHORIZED PRACTICE OF LAW | 1995/03/13 | Docket No: SYLLABUS The practice of conducting residential real estate closings or settlements without the presence of attorneys to represent the seller and the buyer shall not constitute the unauthorized practice of law so long as the broker conforms to specific conditions -- the broker must notify both buyer and seller of the conflicting interests of brokers and title companies in these matters and of the general risk involved in not being represented by an attorney. If the conditions are not met, the broker and the title officer, if the latter is aware of the brokers failure to meet the conditions, are engaged in the unauthorized practice of law. Attorneys with that knowledge who participate in the transaction are guilty of unethical conduct. |
| [New Jersey] STATE V. SAEZ | 1995/02/23 | Docket No: SYLLABUS Judgment of the Appellate Division is reversed substantially for the reasons expressed by Judge DAnnunzio in his written dissent below. The police surveillance of Eddie Saezs basement through cracks in the wood partition wall of the adjoining basement violated a legitimate and reasonable expectation of privacy and, therefore, was a search requiring a warrant. Thus, the fruits of that warrantless search should have been suppressed. |
| [New Jersey] IMO JUDGE MICHAEL R. IMBRIANI | 1995/02/15 | Court: Superior Court of New Jersey Docket No: SUPREMECOURTSYLLABUS The findings of the Advisory Committee on Judicial Conduct are amply supported by the record, including respondents plea of guilty. Respondents conduct requires his removal from judicial office. |
| [New Jersey] STATE V. NWOBU STATE V. CALLENDER | 1995/02/08 | Docket No: SUPREMECOURTSYLLABUS If a prosecutors decision to reject a defendant for PTI considers relevant factors, is not based on inappropriate factors, and is not a clear error in judgment, the decision will not be overturned as an abuse of discretion. In rejecting an applicant for admission to PTI, a prosecutor may rely on an appropriately-drafted statement of reasons from the program director (now the criminal division manager). In addition, prosecution of a defendant after entry into PTI does not violate double jeopardy. |
| [New Jersey] SCOTCH PLAINS-FANWOOD BOARD OF EDUCATION V. SCOTCH PLAINS-FANWOOD EDUCATION ASSOCIATION | 1995/01/26 | Docket No: SUPREMECOURTSYLLABUS The arbitrator did not exceed his authority when he determined under a just-cause standard that the board of education improperly withheld a teachers salary increment on disciplinary grounds. |
| [New Jersey] JACOBS V. STEPHENS | 1995/01/25 | Docket No: SUPREMECOURTSYLLABUS Under the circumstances of this prison disciplinary action, the violation of a regulation that requires a minimum of twenty-four hours between the charge and the hearing was harmless error. |