Supreme Court of New Jersey Decisions 2011

Inthe Matter of Ty Hyderally, an Attorney at Law
Date: December 20, 2011
Docket Number: d-134-10
New Jersey v. Regis  
Date: December 14, 2011
Docket Number: a-81-10

Justia Opinion Summary: One evening in August 2008, a state trooper observed Defendant Reynold Regis' vehicle repeatedly swerve over the fog line and onto the shoulder of Route 280 near Roseland, New Jersey. Upon approaching the car, the troope...

Mark Tannen v. Wendy Tannen
Date: December 8, 2011
Docket Number: a-53-10
Rogers v. Cape May County Office of the Public Defender  
Date: December 5, 2011
Docket Number: a-63-10

Justia Opinion Summary: The issue before the court was whether Defendant John Rogers was "exonerated" when his conviction was reversed and his case remanded for trial, or on the day his indictment was dismissed. Defendant sued the Cape May Publ...

New Jersey v. Yough  
Date: November 30, 2011
Docket Number: a-67-10

Justia Opinion Summary: The issue before the Supreme Court was whether a trial court erred in denying Defendant Stanford Yough's motion for a mistrial after the victim of a robbery testified that he observed the perpetrator more times than he h...

Aronberg v. Tolbert  
Date: August 29, 2011
Docket Number: a-9-10

Justia Opinion Summary: In this case, the Supreme Court was called to determine whether the heirs of an uninsured motorist killed in an automobile accident had a rightful claim under the Wrongful Death Act or whether N.J.S.A. 39:6A-4.5(a) extin...

Gonzalez v. Wilshire Credit Corp.  
Date: August 29, 2011
Docket Number: a-99-09

Justia Opinion Summary: Plaintiff Blanca Gonzalez, and Monserate Diaz purchased a home as tenants in common. Diaz borrowed the downpayment from Cityscape Mortgage Corporation (Cityscape) and executed a note. Plaintiff did not sign the note. Pla...

Lombardi v. Masso  
Date: August 26, 2011
Docket Number: a-28-10

Justia Opinion Summary: In 2002, Defendants decided to purchase, renovate, and resell a home located in Medford Lakes. According to their plan, Defendants Christopher Masso and John Torrence would finance the purchase; Defendant James Githens w...

IMO Gerald M. Saluti
Date: August 25, 2011
Docket Number: d-70-10
New Jersey v. Chen  
Date: August 24, 2011
Docket Number: a-69-08

Justia Opinion Summary: At issue in this case was whether suggestive behavior by a private party, without any state action, should have been evaluated at a pretrial hearing to determine whether an eyewitness’ identification could have been admi...

New Jersey v. Henderson  
Date: August 24, 2011
Docket Number: a-8-08

Justia Opinion Summary: Rodney Harper was shot to death in a Camden apartment early in the morning on January 1, 2003. James Womble was present when two men forcefully entered the apartment, seeking to collect money from Harper. Womble knew one...

Statev. Larry R. Henderson
Date: August 24, 2011
Docket Number: a-8-08_1
Fair Share Housing Center, Inc. v. New Jersey State League of Municipalities  
Date: August 23, 2011
Docket Number: a-36-10

Justia Opinion Summary: The issue before the Court was whether the New Jersey League of Municipalities was a "public agency" that possessed "government record[s]" within the meaning of the Open Public Records Act (OPRA). Fair Share filed a veri...

Buck v. Henry  
Date: August 22, 2011
Docket Number: a-10-10

Justia Opinion Summary: Under the New Jersey Affidavit of Merit statute, plaintiff in a medical malpractice action must provide an affidavit from an equivalently credentialed physician attesting that there is a reasonable probability that the d...

Dept of Children & Families, Div. of Youth & Family Servs. v. T.B.
Date: August 8, 2011
Docket Number: a-21-10
In the Matter of Steven P. Perskie, a Former Judge  
Date: August 1, 2011
Docket Number: d-75-10

Justia Opinion Summary: Disciplinary proceedings against Respondent Steven Perskie (who retired from the judiciary in 2010) began with the filing of grievances with the Advisory Committee in July 2008 by Alan Rosefielde, a party to a civil acti...

J.D. v. M.D.F.  
Date: July 28, 2011
Docket Number: a-115-09

Justia Opinion Summary: In 2006, Plaintiff J.D. and Defendant M.D.F. terminated a long-term relationship that resulted in the birth of two children. J.D. continued to live in the house the parties had purchased, along with the children, and she...

Whirlpool Properties, Inc. v. Div. of Taxation  
Date: July 28, 2011
Docket Number: a-25-10

Justia Opinion Summary: New Jersey uses a three-factor formula to calculate a multi-state corporation’s New Jersey Corporate Business Tax (CBT) by apportioning income between New Jersey and the rest of the world. For taxpayers with regular plac...

New Jersey v. Cabbell  
Date: July 26, 2011
Docket Number: a-89-09

Justia Opinion Summary: A Union County Grand Jury indicted the two defendants for first-degree murder, third-degree unlawful possession of a handgun without a permit, and second-degree possession of a handgun for an unlawful purpose. After clos...

Pomerantz Paper Corp. v. New Community Corp.  
Date: July 25, 2011
Docket Number: a-41-10

Justia Opinion Summary: Defendant New Community Corporation appealed judgments in favor of Plaintiff Pomerantz Paper Corporation stemming from a breach of contract claim. Pomerantz appealed a judgment in favor of New Community on a counterclaim...

New Jersey v. Hess  
Date: July 21, 2011
Docket Number: a-113-09

Justia Opinion Summary: Defendant Marie Hess shot and killed her husband Jimmy Hess, a police officer. Defendant entered into a plea agreement in which she pled guilty to aggravated manslaughter; acknowledged that she would receive a thirty-yea...

Division of Youth & Family Services v. R.D.  
Date: July 20, 2011
Docket Number: a-2-10

Justia Opinion Summary: This appeal arose from the termination of Defendant R.D.’s parental rights to his two youngest children. In November 2004, defendant’s adult step-daughter reported to the New Jersey Division of Youth & Family Services (D...

In re Foglio  
Date: July 19, 2011
Docket Number: a-16-10

Justia Opinion Summary: The issue before the Supreme Court was whether the statement of reasons issued by the City of Ocean City adequately explained why a candidate for firefighter was bypassed for appointment in favor of two candidates who ra...

Luchejko v. City of Hoboken  
Date: July 11, 2011
Docket Number: a-38-10

Justia Opinion Summary: The issue on appeal before the Supreme Court is whether a condominium complex is liable in tort for injury sustained by a pedestrian on its abutting sidewalk. "551 Observer Highway" is the site of a 104-unit condominium...

Allen v. V & A Bros., Inc.  
Date: July 7, 2011
Docket Number: a-30-10

Justia Opinion Summary: Plaintiffs William and Vivian Allen contracted defendant V and A Brothers, Inc. (V&A) to landscape their property and build a retaining wall to enable the installation of a pool. At the time, V&A was wholly owned by two...

International Schools Services, Inc. v. West Windsor Township  
Date: July 6, 2011
Docket Number: a-114-09

Justia Opinion Summary: The issue before the Supreme Court in this case was whether plaintiff International Schools Services, Inc. (ISS) was properly denied a tax exemption for 2002 and 2003 under the state tax code. ISS has owned and occupied...

New Jersey v. Gillispie  
Date: June 9, 2011
Docket Number: a-101-09

Justia Opinion Summary: A mother and her adult son were found dead and bound together in the son's home. Each had been killed by a gunshot wound to the back of the head, and the son's throat had been slashed. An investigation lead police to thr...

Donelson v. DuPont Chambers Works  
Date: June 9, 2011
Docket Number: a-112-09

Justia Opinion Summary: Defendant DuPont Chambers Works (DuPont) manufactures chemical products, and employed Plaintiff John Seddon for approximately thirty years. In 2002, Mr. Seddon worked as an operator technician in one of DuPont's faciliti...

New Jersey v. Calleia  
Date: June 9, 2011
Docket Number: a-32-10

Justia Opinion Summary: In this appeal, the Supreme Court considered whether Defendant George Calleia's convictions were appropriately reversed because the State used the deceased victim's "state-of-mind" hearsay statements as evidence to sugge...

New Jersey v. Rose  
Date: June 8, 2011
Docket Number: a-111-09

Justia Opinion Summary: Defendant Zarik Rose was incarcerated in 1995 on charges relating to the to the attempted murder of Charles Mosely. While awaiting trial, Defendant allegedly told one of the State's witnesses against him that he wanted t...

New Jersey v. Rose  
Date: June 8, 2011
Docket Numbers: a-64-09, a-65-09

Justia Opinion Summary: Defendant Andrea Hernandez was arrested in 2006 in connection with a series of armed robberies. While in custody awaiting trial on robbery charges, in 2007, she was charged in another county for burglary and theft charge...

Risko v. Thompson Muller Automotive Group, Inc.  
Date: June 7, 2011
Docket Number: a-27-10

Justia Opinion Summary: Peter Risko filed a wrongful death action against Defendant Thomson Muller Automotive Group. His wife Camille slipped and fell in the automobile showroom. Mr. Risko alleged that because of this fall, a chain reaction of...

Voss v. Tranquilino  
Date: June 1, 2011
Docket Number: a-110-09

Justia Opinion Summary: Plaintiff Frederick Voss was injured when his motorcycle collided with a vehicle operated by Defendant Kristoffe Tranquilino. Plaintiff alleged that prior to the accident, he was a dining at Tiffany's (a restaurant) and...

Perrelli v. Pastorelle  
Date: June 1, 2011
Docket Number: a-22-10

Justia Opinion Summary: Plaintiff Denise Perrelli appealed a trial court decision in favor of Defendants Bridget and Paul Pastorelle. Plaintiff believed the last time she sent her car insurance company a check for coverage was in 2005. She beli...

State of New Jersey v.Schmidt  
Date: May 26, 2011
Docket Number: a-35-10

Justia Opinion Summary: Defendant stated he could not perform field sobriety tests because of a handicap. After failed attempts, he was arrested. At headquarters officers read Miranda warnings and a standard statement that the law requires brea...

O Builders & Associates, Inc. v. Yuna Corporation of N.J.
Date: May 25, 2011
Docket Number: a-34-10
ABBOTT v. BURKE
Date: May 24, 2011
Docket Number: m-1293-09
Kent Motor Cars, Inc. v. Reynolds and Reynolds, Co.
Date: May 18, 2011
Docket Number: a-102-09
Russo v. Bd. of Trustees, Police & Firemen's Retirement Sys.  
Date: May 17, 2011
Docket Number: a-20-10

Justia Opinion Summary: In 2001, Petitioner Police Officer Gregory Russo and his partner responded to a house fire. Officer Russo went into the burning structure, located an adult and two children trapped inside and saved them. The officer hear...

He v. Miller  
Date: May 12, 2011
Docket Number: a-81-09

Justia Opinion Summary: Plaintiff Ming Yu He was in an automobile accident with Defendant Enilma Miller. A jury found Defendant was negligent, and awarded Plaintiff $1.7 million for pain, suffering, injury, and loss of consortium. Defendant mov...

Sachau v. Sachau  
Date: May 11, 2011
Docket Number: a-33-10

Justia Opinion Summary: Plaintiff Donald Sachau and Defendant Barbara Sachau were married in 1964, and divorced in 1979. At the time of their divorce, the parties’ two children lived with Mrs. Sachau. Pursuant to the divorce judgment, Mr. Sacha...

New Jersey v. R.T.  
Date: April 28, 2011
Docket Number: a-73-09

Justia Opinion Summary: Defendant R.T.’s nephew lived with him between 1997 and 2003. In 2004, the nephew told his mother that Defendant had sexually assaulted him multiple times. The mother reported the allegations. Defendant voluntarily prese...

State v. W.B.
Date: April 27, 2011
Docket Number: a-80-09
State v. Germaine A. Handy
Date: April 26, 2011
Docket Number: a-108-09
State of New Jersey v. William E. Rivera
Date: April 26, 2011
Docket Number: a-11-10
IMO ANTHONY STALLWORTH
Date: April 12, 2011
Docket Number: a-6-10
Yousef v. General Dynamics Corp.
Date: April 11, 2011
Docket Number: a-88-09
State of New Jersey v. Kelvin L. McLean
Date: March 31, 2011
Docket Number: a-98-09
State v. Michael Hayes
Date: March 31, 2011
Docket Number: a-13-10
State of New Jersey v. Kelvin L. McLean
Date: March 31, 2011
Docket Number: a-98-09
Policemen's Benevolent Association, Local No. 11 v. City of Trenton
Date: March 29, 2011
Docket Number: a-116-09
GMAC v. Rosanna Pittella v. Pine Belt Enterprises, Inc.
Date: March 23, 2011
Docket Number: a-15-10
State v. Michael Gore
Date: March 22, 2011
Docket Number: a-77-09
Town of Kearny v. Discount City of Old Bridge, et al.
Date: March 17, 2011
Docket Number: a-76-09
Lawrence B. Seidman, et al. v. Clifton Savings Bank, S.L.A., et al.
Date: March 16, 2011
Docket Number: a-100-09
LAURA HIGGINS v. MARY THURBER
Date: March 16, 2011
Docket Number: a-12-10
Tina Kieffer, et al. v. Best Buy, et al.
Date: March 15, 2011
Docket Number: a-104-09
State v. Dashawn Miller
Date: March 14, 2011
Docket Number: a-94-09
State of New Jersey v. Jason Shelley
Date: March 9, 2011
Docket Number: a-109-09
State v. Jamiyl Dock
Date: March 8, 2011
Docket Number: a-8-10
State of New Jersey v. Eduardo McLaughlin
Date: March 3, 2011
Docket Number: a-68-09
Paul Morgan v. Kristin Morgan
Date: February 8, 2011
Docket Number: a-1-10
State v. William Acevedo, Jr.
Date: February 1, 2011
Docket Number: a-95-09
N.J. Division of Youth and Family Services v. P.W.R.
Date: January 26, 2011
Docket Number: a-79-09
State v. Daniel Twian Brown
Date: January 25, 2011
Docket Number: a-67-09
State v. Damu Alston
Date: January 20, 2011
Docket Number: a-72-09
State v. Eileen M. Ciancaglini
Date: January 19, 2011
Docket Number: a-92-09
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