Search Results
| Case name | Citation | Summary |
| [New Jersey] EDMUND E. JACOBITTI V. STELLA MARIA JACOBITTI | 1994/06/06 | Docket No: SYLLABUS Under the unique circumstances of this case, the trust set up by Edmund Jacobitti for the benefit of his ex-wife, Stella Maria Jacobitti, is the appropriate remedy to fulfill the Legislatures intent in authorizing life insurance for the protection of a dependent spouse in the event of the payer spouses death. |
| [New Jersey] DUNPHY V. GREGOR | 1994/06/02 | Docket No: SYLLABUS Because Eileen Dunphy, an unmarried cohabitant, shared an intimate familial relationship with the victim of the defendants negligence, under the circumstances of this case, she should be afforded the protections of bystander liability for the negligent infliction of emotional distress. |
| [New Jersey] STATE OF NEW JERSEY V. STEVEN D. VAWTER | 1994/05/26 | Docket No: SYLLABUS Based on the United States Supreme Court decision in R.A.V. v. City of St. Paul, New Jerseys hate-crime statutes, N.J.S.A. 2C:33-10 and -11, are unconstitutional under the First and Fourteenth Amendments to the United States Constitution. |
| [New Jersey] STATE OF NEW JERSEY V. DAVID MORTIMER | 1994/05/26 | Docket No: SYLLABUS The harassment statute, N.J.S.A. 2C:33-4, does not violate the First and Fourteenth Amendment of the U.S. Constitution nor does it violate the State Constitution. However, to withstand an attack on its constitutionality based on vagueness, section 4 will be construed to exclude the words at least in part with ill will, hatred or bias toward. |
| [New Jersey] IN THE MATTER OF THE GUARDIANSHIP OF G.S., III, A MINOR, ET AL. | 1994/05/24 | Docket No: SYLLABUS In cases in which the Office of the Public Defender is not statutorily mandated to defend, the Division of Youth and Family Services, the agency designated to initiate and prosecute actions to terminate parental rights, will be responsible to pay for the necessary and related defense services required by a qualified indigent, unless there is an available alternative source of funds. Thus, DYFS must bear the expense of the transcripts in these cases. |
| [New Jersey] NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES V. E.B. AND D.W. | 1994/05/24 | Docket No: SYLLABUS In actions brought under Title 9 child-abuse and neglect cases, the Office of the Public Defender must pay the costs of ancillary services in cases that OPD is statutorily mandated to defend, even when the indigent is represented by private or public-interest counsel, subject to OPDs evaluation of the reasonableness and need for the services. |
| [New Jersey] STATE OF NEW JERSEY V. LUIS JIJON | 1994/05/23 | Docket No: SYLLABUS Consistent with the language of the burglary statute, one who enters a vehicle to commit the disorderly persons offense of joyriding is also guilty of burglary. |
| [New Jersey] ROIG V. KELSEY | 1994/05/19 | Docket No: 3981, Because the Legislature intended the New Jersey Automobile Reparation Reform Act bar fault-based recovery, N.J.S.A. 35:6A-12 of the Act prohibits a party from recovering from the tortfeasor the medical-expense deductible and the twenty-percent copayment under a personal-injury -protection policy. |
| [New Jersey] VRG CORPORATION V. GKN REALTY CORPORATION | 1994/05/18 | Docket No: none Under the circumstances of this case, an equitable lien cannot be imposed based on either an express or implied contract, unjust enrichment or an assignment. Therefore, VRG cannot impose an equitable lien on the rental income generated from long-term tenants after the sale of a shopping center to GKN, who was aware of VRGs commission agreement with the prior owner, but did not agree to be responsible for those commissions. |
| [New Jersey] TOWNSHIP OF WASHINGTON V. NEW JERSEY STATE POLICEMEN'S BENEVOLENT ASSOCIATION, INC., LOCAL 206 | 1994/05/17 | Docket No: SYLLABUS The arbitration award fails to identify and weigh the relevant section 16g factors of the Compulsory Interest Arbitration Act, and fails to explain which of those factors are irrelevant. Furthermore, the arbitrator improperly placed on Washington Township the burden of proving that it could not pay the increase. Because a consent order entitles Washington Township to seek readjustment of the payments made, the matter is remanded to an arbitrator for that limited purpose. |
| [New Jersey] HILLSDALE PBA LOCAL 207 V. BOROUGH OF HILLSDALE | 1994/05/17 | Docket No: SYLLABUS The arbitrators award did not comply with the requirements of section 16g of the Compulsory Interest Arbitration Act. The award failed to identify the relevant factors, analyze the evidence pertaining to those factors, and explain why other factors are irrelevant. However, because Hillsdale has already paid the police in accordance with the arbitration award, that Court will not disturb those payments. |
| [New Jersey] IMO SAMUEL ASBELL, AN ATTORNEY AT LAW | 1994/05/13 | Docket No: SYLLABUS To maintain confidence in the disciplinary system and the integrity of the bar, Samuel Asbell must be suspended from the practice of law for a period of two years. |
| [New Jersey] STATE OF NEW JERSEY V. CRAIG SZEMPLE | 1994/05/12 | Docket No: SYLLABUS The marital-communications privilege does not prevent the admission of an inculpatory letter sent by Craig Szemple to his wife that was then taken by a third person without the wifes permission. Furthermore, in view of the legislative history of the priest-penitent privilege in New Jersey and its interpretation by the Jacobs Committee and Bigelow Commission, the clergyperson is the sole holder of the priest-penitent privilege; the decision whether to reveal a confidential communication rests with the clergyperson. |
| [New Jersey] 1530 OWNERS CORP. V. BOROUGH OF FORT LEE | 1994/05/11 | Docket No: SYLLABUS Because tax assessments are presumed valid, to prove that a sale should not have been included, the taxpayer must demonstrate that the inclusion of the sale in determining the ratio was improper because the sale was not made at fair market value. Taxpayer does not meet that burden just by demonstrating that the challenged sale appears to fall within the nonusable category and that the Director of the Division of Taxation did not make a full investigation before using it. |
| [New Jersey] FISCH V. BELLSHOT | 1994/05/09 | Docket No: SYLLABUS The circumstances in this case are exceptional, not ordinary, such that the trial courts failure to instruct the jury on the Lee v. Kiku Restaurant presumption (a defendant found negligent is liable for the intoxicated plaintiffs decision to drive or accompany an intoxicated driver) was not erroneous. Moreover, trial courts in dram-shop cases, under the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act, may not instruct the jury that violations of administrative regulations are evidence of a defendants negligence. |
| [New Jersey] IN THE MATTER OF THE ARBITRATION BETWEEN: TRETINA PRINTING, INC., V. FITZPATRICK AND ASSOCIATES, INC. | 1994/05/04 | Docket No: SYLLABUS Arbitration awards may be vacated only for fraud, corruption or similar wrongdoing by the arbitrator. Here, there are no grounds to vacate or modify the arbitrators award. Moreover, the ambiguity in how the arbitrator calculated one part of this multi-claim, complex contract dispute provides no basis for resubmitting the award to the arbitrator for clarification. |
| [New Jersey] STATE OF NEW JERSEY V. NEVEL L. HESLOP | 1994/05/03 | Docket No: SYLLABUS The jury instruction on passion/provocation murder did not create sufficient prejudice to warrant the reversal of Nevel Heslops convictions. A review of the factual record does not suggest the likelihood that the courts explanation of the law of murder and manslaughter, the manner in which the jurys deliberation should progress, and the States burden of proof resulted in or contributed to an improper verdict. |
| [New Jersey] IN THE MATTER OF THE ADOPTION OF A CHILD BY D.M.H. AND S.H. | 1994/04/28 | Docket No: SYLLABUS Jeanne H. intentionally abandoned her child Steven in surrendering him for adoption and in consenting to his adoption by Donna and Steve H., and thereafter, in failing immediately, promptly, or within a reasonable time to withdraw or negate that surrender and consent or to take any actions sufficient to provide a reasonable expectation that she would reverse the conduct constituting intentional abandonment. Further, Donna and Steve H. fully and reasonably relied on the actions of J.H. in intentionally abandoning the child for the purpose of his adoption. |
| [New Jersey] SMB ASSOCIATES V. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION | 1994/04/26 | Docket No: SYLLABUS In the unusual and non-recurring circumstances of this case, the Appellate Division correctly held that the Coastal Area Review Board lacked the power to waive the substantive requirements of the CAFRA bay-island corridor regulatory plan and that the American Littoral Society had the required standing to challenge the review boards decision. |
| [New Jersey] THE CHASE MANHATTAN BANK V. MR. AND MRS. SEYMOUR JOSEPHSON | 1994/04/13 | Docket No: SYLLABUS N.J.S.A. 2A:18-61.3b applies the Anti-Eviction Act to foreclosing mortgagees and, thus, supersedes the Courts decision in Guttenberg Saving and Loan Assn v. Rivera. As amended, the Act protects tenants from eviction by foreclosing mortgagees irrespective of whether their tenancy was established before or after the execution of the mortgage. The Courts holding will be applied prospectively. |