Search Results
| Case name | Citation | Summary |
| [New Jersey] CARTER LINCOLN-MERCURY, INC., LEASING DIVISION, V. EMAR GROUP, INC. | 1994/04/12 | Docket No: SYLLABUS EMAR Group, Inc., an insurance broker engaged to obtain insurance on behalf of a prospective insured, owes a duty to a loss-payee, Carter Lincoln Mercury, subsequently named on the acquired policy to place the insurance with a financially stable insurance carrier. |
| [New Jersey] HOUSING AUTHORITY OF THE TOWN OF MORRISTOWN V. CATHY LITTLE | 1994/04/11 | Court: Superior Court of New Jersey Docket No: SYLLABUS The trial court had the authority to invoke Rule 4:50-1 to vacate a judgment for possession in a summary-dispossess action after a warrant for removal had been executed. Because the court vacated the judgment seven days after the execution of the warrant, the court acted within the ten-day time limitation of the Tenant Hardship Act. |
| [New Jersey] IMO M.R., an alleged incompetent or mentally retarded adult | 1994/04/07 | Docket No: SYLLABUS M.R.s mother, the person challenging her incompetent daughters specific capacity to decide where to live, has the burden of proving specific capacity by clear and convincing evidence. If the court finds that M.R. is competent, it should honor her preference to reside with her father. If the court finds that M.R. is not competent to make that choice, M.R.s father, as the party challenging the present status, would bear the burden of proving that a change in residence would be in M.R.s best interest. The role of M.R.s attorney should be to advocate M.R.s choice so long as it does not pose an unreasonable risk for her health, safety, and welfare. |
| [New Jersey] HORIZON HEALTH CENTER V. FELICISSIMO | 1994/04/06 | Docket No: SYLLABUS The following public policy interests, based on the common law, constitute significant governmental interests to justify restrictions against the Helpers of Gods Precious Infants: the accessibility of medical services, including abortion, and the maintenance of medical standards; the protection of private property rights; and public safety. To protect those interests, the Chancery Division had the authority to impose reasonable injunctive restrictions on the peaceful expressive activities of the Helpers. |
| [New Jersey] MURRAY V. LAWSON | 1994/04/06 | Docket No: SYLLABUS Residential privacy represents a sufficient public-policy interest to justify injunctive restrictions and implicates a significant governmental interest. Therefore, the Chancery Division had the power to enjoin the non-violent, non-criminal activity of defendant-protestors to protect residential privacy. |
| [New Jersey] IMO ANASTASIA M. VEY, POLICE OFFICER OF NORTH WILDWOOD CITY | 1994/03/31 | Docket No: SYLLABUS The facts and psychological tests point to the conclusion that Anastasia Vey would not be an effective law-enforcement officer. Therefore, the Department of Personnels decision to remove Anastasia Vey from the Civil Service eligibility list was neither arbitrary, capricious or unreasonable. |
| [New Jersey] C.I.C. CORPORATION, ET AL. V. TOWNSHIP OF EAST BRUNSWICK | 1994/03/31 | Docket No: SYLLABUS The East Brunswick Municipal Ordinance 90-36 creating a total ban on cigarette vending machines in the Township is neither preempted by State law, nor does it violate equal protection or due process concerns. |
| [New Jersey] BRUNSWICK CORPORATION V. DIRECTOR, DIVISION OF TAXATION | 1994/03/30 | Docket No: SYLLABUS The regulation, N.J.A.C. 18:7-8.5(b), adopted by the Director of the Division of Taxation, which included New Jersey property rented by a taxpayer in calculating the percentage of the taxpayers net income properly attributable to the State, was not beyond the authority granted to the Director under the enabling legislation of the Corporation Business Tax Act. |
| [New Jersey] STATE OF NEW JERSEY V. JOSEPH LEE WILSON | 1994/03/28 | Docket No: SYLLABUS Although introduced through hearsay evidence and not properly authenticated, use of the videotaped presentation of the crime scene by the State was harmless error. |
| [New Jersey] ATLANTIC CITY CONVENTION CENTER AUTHORITY V. SOUTH JERSEY PUBLISHING COMPANY, INC. | 1994/03/23 | Docket No: SYLLABUS Media representatives are entitled to access to audio tape recordings of a public bodies closed executive-session meetings during which personnel matters are discussed, subject before disclosure to the removal of any confidential or privileged information that may be withheld under principles of common-law access to public records or related principles of the Open Public Meetings Act. |
| [New Jersey] STATE OF NEW JERSEY, by the COMMISSIONER OF TRANSPORTATION V. FREDERICO R. CAOILI | 1994/03/22 | Docket No: SYLLABUS In determining the fair market value of condemned property as a basis for just compensation, the jury may consider a potential zoning change affecting the use of the property provided the court is satisfied that the evidence is sufficient to warrant a determination that such a change is reasonably probable. If the evidence meets that level of proof, it may be considered in fixing just compensation in light of the weight and effect that reasonable buyers and sellers would give to such evidence in their determination of the fair market value of the property. |
| [New Jersey] STATE OF NEW JERSEY V. BRETT GOOKINS | 1994/03/21 | Docket No: SYLLABUS The objectivity and value of the breathalyzer is irreparably undermined when the person operating the machine falsifies the results in order to fabricate evidence of guilt. Because the arresting officer in these three cases pleaded guilty to such fabrication in another drunk-driving case and has been implicated in similar misconduct in other cases, the officers misconduct compels the vacation of the guilty pleas and the accompanying judgments of conviction in these three cases. |
| [New Jersey] MAPLEWOOD BANK AND TRUST V. SEARS, ROEBUCK AND CO. | 1994/03/15 | Docket No: none The priority given Sears as a purchase money security interest holder under the New Jersey Uniform Commercial Code does not apply to the proceeds of a judicial sale instituted by a purchase money mortgagee. |
| [New Jersey] STATE OF NEW JERSEY V. EMILIO RODRIQUEZ | 1994/03/15 | Docket No: SYLLABUS The defendants were not entitled to a Wade hearing concerning whether the photographic array was impermissibly suggestive; and the videotaping of the victim-witnesses cross- examination did not violate the defendants right of confrontation. |
| [New Jersey] BOYER V. ANCHOR DISPOSAL | 1994/03/14 | Docket No: SYLLABUS The firefighters rule will not be expanded to insulate the creator of a general risk to others that neither occasions the presence of the public-safety officer nor defines the scene at which the officer must perform emergency duties. |
| [New Jersey] IMO Adoption of Regulations Governing the State Health Plan, N.J.A.C. 8:100, et seq. | 1994/02/28 | Docket No: SYLLABUS As between the Legislature and the Department of Health, the Legislature has the power to formulate state policy on the controversial issue of health-care planning. |
| [New Jersey] IMO FRANK J. HOERST, III, AN ATTORNEY AT LAW | 1994/02/18 | Docket No: SYLLABUS Frank J. Hoerst, III, is suspended from the practice of law for a period of six months. |
| [New Jersey] STATE OF NEW JERSEY V. RONALD VALENTINE | 1994/02/02 | Docket No: SYLLABUS In balancing the right to be protected from unwarranted police intrusions against the States need for effective law enforcement and police safety, the Court concludes that, under the totality of the circumstances, the frisk of Valentine was reasonable and hence constitutional. |
| [New Jersey] STATE OF NEW JERSEY V. ALEX FLOREZ | 1994/01/27 | Docket No: SYLLABUS A defendants constitutional right to a proper confrontation may not be sacrificed for the safety of a highly-paid informer who is an active participant in the crime. Here, the defense has demonstrated the necessity for the disclosure of the true identity of the primary informant. In addition, the trial court must conduct further analysis and hearings to determine whether the States actions constituted due process entrapment. |
| [New Jersey] STATE OF NEW JERSEY V. BRIAN L. SMITH | 1994/01/26 | Docket No: SYLLABUS The State Troopers order to the passenger, Geraldine Muhammad, to step out of the car stopped for a routine traffic violation, and the officers pat-down of that passenger were reasonable, and hence, permissible under the Fourth Amendment of the Federal Constitution and Article I, Paragraph 7 of the New Jersey Constitution. Therefore, the trial court properly denied the motion to suppress the cocaine and drug paraphernalia found incident to arrest. |