Search Results
| Case name | Citation | Summary |
| [New Jersey] MURRAY CONNELL ET AL V. EAST RIVER SAVINGS BANK | 1995/11/21 | Court: Superior Court of New Jersey Docket No: none As a prerequisite to recovering treble damages and counsel fees under the Bank Holding Company Act, the plaintiff must prove an illegal tying arrangement, injury in fact and proximate cause. Click here to get this docume |
| [New Jersey] STATE OF NEW JERSEY V. MARK BICKHAM | 1995/11/21 | Court: Superior Court of New Jersey Docket No: none We reject the defendant's contention that the incriminating evidence against him should have been suppressed because the police inadvertently executed the search warrant 39 minutes earlier than authorized by the issuing judge. Click here to get this docume |
| [New Jersey] IN THE MATTER OF REGISTRANT C.A.: APPLICATION FOR JUDICIAL REVIEW OF NOTIFICATION AND TIER DESIGNATION | 1995/11/20 | Court: Superior Court of New Jersey Docket No: none When a critical fact is in dispute that affects the tier classification of a registrant under Megan's Law, which fact has not otherwise been established as a matter of record, an evidentiary hearing may be required before making a final determination as to the fact in dispute. Click here to get this docume |
| [New Jersey] DOLORES KELLY V. BALLY'S GRAND INC | 1995/11/20 | Court: Superior Court of New Jersey Docket No: none Summary judgment was improperly granted against employee in action against employer under LAD for failure to promote based on age discrimination where plaintiff made out a prima facie case and defendant's articulated reasons for failure to promote were so suspect as to allow a jury to reasonably conclude that the defendant was motivated to act for the discriminatory reason alleged by plaintiff. Click here to get this docume |
| [New Jersey] STEPHEN JOHN GOUGH V. STATE OF NEW JERSEY | 1995/11/17 | Court: Superior Court of New Jersey Docket No: none Statutory oath of allegiance for school teachers, see N.J.S.A. 41:1-1; N.J.S.A. 18A:26-9, does not violate expressional or associational rights under the State and federal constitutions. Click here to get this docume |
| [New Jersey] IN THE MATTER OF REGISTRANT A.B. | 1995/11/17 | Court: Superior Court of New Jersey Docket No: none A motion for late filing of an application for judicial review of notification and tier designation under Megan's Law is to be tested by whether under all of the circumstances, there has been a showing of good cause and that the interests of justice require relief. Click here to get this docume |
| [New Jersey] NJ HOUSING & MORTGAGE FINANCE AGENCY V. BEDMINISTER HILLS HOUSING CORP ET AL | 1995/11/15 | Court: Superior Court of New Jersey Docket No: none A non-profit corporation established by court order to oversee and administer an affordable housing plan may validly exercise the power of attorney it received from low and moderate income purchaser-mortgagors to assign the defaulting mortgagors' right of redemption to itself. That right of redemption may be asserted during the ten-day period for filing objections to the sheriff's sale pursuant to R. 4:65-5. Click here to get this docume |
| [New Jersey] STATE OF NEW JERSEY V. CHRISTOPHER GRAHAM | 1995/11/14 | Court: Superior Court of New Jersey Docket No: none When during deliberations a jury asks a question that is ambiguous, the trial judge should not assume the meaning of the question, but should clear the confusion by asking the jury the meaning of the request. Click here to get this docume |
| [New Jersey] ELEANOR MERCURIO V. RICHARD DELVECCHIO, JR. ET AL | 1995/11/14 | Court: Superior Court of New Jersey Docket No: none A newly-appointed board member is a member under N.J.S.A. 40:55D-10.2 and may vote on a matter in which said member was absent from a hearing, provided the member follows the strictures of that statute. To the extent it is inconsistent with this opinion, Patel v. Planning Bd., 258 N.J. Super. 437 (Law Div. 1992), is overruled. Board's refusal to adjourn third of four hearing dates because of an objector's inability to attend was not arbitrary, capricious, or unreasonable under the facts of this case because the objector had ample opportunity to, and did, participate in the proceedings and present opposition. The grant of minimal expansion of a nursing home, a beneficial but nonconforming use in a residential zone, was not arbitrary, capricious, or unreasonable. Click here to get this docume |
| [New Jersey] VICTOR & JOANN GRECO V. ANNETTE ZECCHINO | 1995/11/13 | Court: Superior Court of New Jersey Docket No: none An order granting a new trial is not appealable as of right and where an appeal is taken without leave of court, the attorney for the successful party on the motion has the responsibility to the court to move to dismiss the appeal. Click here to get this docume |
| [New Jersey] JESSE ROSENBLUM V. BORO OF CLOSTER ET AL | 1995/11/13 | Court: Superior Court of New Jersey Docket No: none A plaintiff who deliberately fails to sue a party to a municipal contract which he seeks to set aside, which party is brought in by third party complaint, is liable for attorney fees under N.J.S.A. 2A:15-59.1 to both the municipality and the third party defendant, particularly when such alleged cause of action has no basis in law or equity. Click here to get this docume |
| [New Jersey] WILLA MCNEILL V. ESTATE OF PAUL LACHMANN ET AL | 1995/11/13 | Court: Superior Court of New Jersey Docket No: none Plaintiff was not a transient hotel guest because the hotel was her permanent residence and, therefore, she was entitled to the safeguards afforded by the Anti-Eviction Act, N.J.S.A. 2A:18-61.1 to -61.12, despite the absence of indicia exemplifying a traditional family rental of an archetype apartment. Click here to get this docume |
| [New Jersey] STATE OF NEW JERSEY V. P.Z. | 1995/11/13 | Court: Superior Court of New Jersey Docket No: none Goals of Title Nine to protect children from child abuse and to protect their legal rights, require that communications between DYFS and those it investigates be unhampered by specter of criminal prosecution. Statements to DYFS during the pendency of a Title Nine action may not be used by Prosecutor against a defendant in a criminal action unless DYFS in obtaining the investigatory statement has afforded defendant Miranda warnings and respected defendant's Right to Counsel. Click here to get this docume |
| [New Jersey] ROBERT PFUNDSTEIN V. OMNICOM GROUP | 1995/11/13 | Court: Superior Court of New Jersey Docket No: none New Jersey resident brought suit for breach of contract against nonresident defendant corporation. The Superior Court, Appellate Division, held that: (1) interstate negotiation via the telephone and the mails did not create sufficient contacts with New Jersey as to provide specific jurisdiction, and (2) defendant's control over its subsidiary corporations was not so extensive as to justify imputing the subsidiaries' contacts with the forum to parent corporation for purposes of general jurisdiction. Click here to get this docume |
| [New Jersey] CITY OF NEWARK V. DEPT OF ENVIRONMENTAL PROTECTION | 1995/11/13 | Court: Superior Court of New Jersey Docket No: none Township of Hardyston appealed the Tax Court's determination of true value and proper tax assessments on four parcels of Newark's property. The Superior Court, Appellate Division, held that the Watershed Protection Act moratorium, which places limitations on the conveyance of watershed property, continues to be valid and is a factor to be considered in valuing watershed land for tax purposes. Click here to get this docume |
| [New Jersey] THE DAWSON CORP V. NATIONAL UNION FIRE INSURANCE CO ET AL | 1995/11/08 | Court: Superior Court of New Jersey Docket No: none Subcontractor who supplied labor and material on New Jersey Highway Authority job site was not entitled to payment from surety on payment bond because the labor and material was additional work not within the scope of the contract documents. Click here to get this docume |
| [New Jersey] NAGUIB GEO SEDAROUS V. NAHED SEDAROUS | 1995/11/08 | Court: Superior Court of New Jersey Docket No: none FEGLIA, 5 U.S.C.A. 8701-8716, does not preempt the power of the Chancery Division, Family Part, to impose a constructive trust for the benefit of decedent's former spouse and dependent children on the proceeds of federal employee group life insurance after payment to the named beneficiary. Click here to get this docume |
| [New Jersey] CHARLES GRIMES V. CITY OF EAST ORANGE | 1995/11/08 | Court: Superior Court of New Jersey Docket No: none An individual who remains in his position has not established a cause of action for constructive discharge under 42 U.S.C. 1983. Click here to get this docume |
| [New Jersey] STATE OF NEW JERSEY V. MICHAEL KRIEGER | 1995/11/08 | Court: Superior Court of New Jersey Docket No: none Hindering another's prosecution by witness tampering under N.J.S.A. 2C:29-3a and so hindering one's own prosecution under N.J.S.A. 2C:29-3b are different crimes involving different elements, only the latter including the element of force, intimidation or deception. Accordingly, a conviction of hindering cannot stand when the two crimes were charged in a single indictment, there was no proof of any force, intimidation or deception, that element was not charged, and the guilty verdict rested on a submission to the jury instructing it that it could find guilt of the charge if it found witness tampering by defendant on his own or another's behalf Click here to get this docume |
| [New Jersey] KARIN DERFUSS V. NEW JERSEY MANUFACTURERS INSURANCE CO. | 1995/11/08 | Court: Superior Court of New Jersey Docket No: none Plaintiff-insured had no right to a trial de novo from a UM/UIM arbitration panel's liability determination, endorsing Law Division's holding in Salib v. Alston, 276 N.J. Super. 108 (Law Div. 1994). Click here to get this docume |