NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Plaintiff Tilcon New York, Inc. (Tilcon) appeals from the final judgment entered by the trial court on January 19, 2012, dismissing its complaint against defendant, the New Jersey Department of Transportation (NJDOT). We affirm. I. Tilcon was the lowest responsible bidder for two of the NJDOT's paving projects: MRRC 162, a project on Route 46 in Morris County (Morris Project), and MRRC N301, a project on Routes 7,...
The opinion of the court was delivered by SABATINO, J.A.D. This appeal involves the ambiguous interrelationship of several referendum provisions within the New Jersey election statutes. Specifically, we consider whether a proposed question on a non-binding local referendum may be placed on a ballot when the municipality has failed to submit the proposal to the county clerk within 81 days before an election as required by N.J.S.A. 19:37-1, but has submitted the proposal within the 65-day...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. After plaintiff Anthony Guerriero was struck and injured by a go-kart owned by defendant Jeffery Wernes in the parking lot of Wernes's employer, defendant Visual E-Fex, plaintiff filed a negligence action against Wernes and Visual E-Fex. 1 The matter proceeded to trial, where the trial judge granted Visual E-Fex's motion for an involuntary dismissal of plaintiff's claims against it at the close of plaintiff's...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Defendant Emanuel Goldman appeals from his conviction in the municipal court for driving through a red traffic light, N.J.S.A. 39:4-81. The municipal court judge reviewed defendant's extensive record of traffic violations and imposed a fine of $81 and court costs of $33. On trial de novo, R. 3:23-8(a), the Law Division judge also found defendant guilty of the charge, but neither the order nor written opinion of...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION The opinion of the court was delivered by MAVEN, J.A.D. Defendant appeals from his convictions and sentence for two counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(2)(a), (c) (count two); N.J.S.A. 2C:14-2(a)(6) (count three); and one count of second-degree sexual assault, N.J.S.A. 2C:14-2(c)(3) (count four). The trial court sentenced defendant to two concurrent eighteen-year terms of imprisonment,...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. In this foreclosure matter, defendant Jean Larry appeals from the October 12, 2012 Chancery Division order, which denied her second motion to vacate a default judgment entered on April 18, 2012. We affirm. The facts are straightforward and supported by a certification from an authorized representative of plaintiff Everbank based on the representative's personal knowledge and personal review of the loan documents....
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. This appeal arises out of a determination, after a de novo trial in the Law Division, rejecting plaintiff Henry Meahan's claim that his former employer, defendant Michael Anthony Sign Design, failed to pay him wages and commissions in alleged violation of the Wage Collection Law, N.J.S.A. 34:11-57 to-67. Plaintiff contends that the trial court's decision was flawed in several respects and that the court...
The opinion of the court was delivered by KOBLITZ, J.A.D. We granted plaintiff S.M. (Steve) 1 leave to appeal from a June 10, 2013 order preventing him from having any contact with his two children until the criminal charges against him are resolved. Steve seeks supervised therapeutic visits as recommended by two court-appointed experts. We reverse and remand for a hearing before the Family Part judge at which the prosecutor, criminal defense attorney and two family lawyers may be heard....
The opinion of the court was delivered by ACCURSO, J.A.D. Defendant Saul Liebman appeals from a $565,806.37 final judgment in this wrongful death action, following a jury verdict in favor of plaintiff Estate of Myroslava Kotsovska (the estate), and from the denial of his motion for a new trial. Liebman contends that decedent was his employee, and thus the Workers' Compensation Act's (the Act) exclusivity bar, N.J.S.A. 34:15-8, prohibits her estate from maintaining this action. The central...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Tried together before a jury on a four-count Atlantic County Indictment, No. 10-09-2174, defendant Hanifa Rodriguez and co-defendant Asiameik Mayo were convicted of third-degree theft by unlawful taking, N.J.S.A. 2C:20-3, and simple assault, N.J.S.A. 2C:12-1a, as lesser-included offenses of second-degree robbery, N.J.S.A. 2C:15-1 (count one). They were also convicted of fourth-degree unlawful possession of a...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Plaintiff Township of West Deptford (Township) appeals from the November 26, 2012 order of the Chancery Division granting summary judgment to defendants Fulton Bank N.A. and Fulton Bank of New Jersey (Fulton Bank), and dismissing the Township's complaint that alleged improper disbursement of bond funds relating to the construction of a municipal golf course. For the reasons that follow, we affirm. I. On May 6,...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Plaintiff Marquis Realty Management, LLC (Marquis), appeals from a trial court order dated March 15, 2013, dismissing its complaint against defendant Stabler Land Company (Stabler) for lack of personal jurisdiction. We affirm. I Plaintiff is a New Jersey company engaged in the business of developing real estate in New Jersey and Pennsylvania for commercial and residential purposes. Defendant is a Pennsylvania...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. In these back-to-back matters, which we consolidate for purposes of this opinion, plaintiff Valerie Montone appeals from a February 3, 2012 Law Division order granting summary judgment in favor of defendants City of Jersey City (City), Jersey City Police Department (JCPD), former mayor Jerramiah Healy, and former police chief Robert Troy. In a separate but related action, plaintiffs John Astriab, Clyde Banks, James...
PER CURIAM In these consolidated cases, plaintiffs Atlantic City Showboat, Inc. and Our Lady of Lourdes Medical Center, Inc. (collectively plaintiffs) appeal from the Tax Court's grant of summary judgment in favor of defendant Director, Division of Taxation (Director). In both cases, plaintiffs sought refunds of a portion of the sales tax paid on purchases of electricity and related delivery services, challenging the Director's application of the Sales and Use Tax Act, N.J.S.A. 54:32B-1 to -...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION The opinion of the court was delivered by GRALL, J.A.D. By leave granted, the State appeals from the dismissal of charges against defendant Marcus Sorbino included in two indictments arising from the same incident. The charges dismissed are: possessing a handgun without a permit, N.J.S.A. 2C:39-5b; possessing a firearm while possessing a controlled dangerous substance with intent to distribute, N.J.S.A. 2C:39-4.1a; and...
The opinion of the court was delivered by FASCIALE, J.A.D. By leave granted, defendant Ivonne Saavedra appeals from an order denying her motion to dismiss an indictment returned by a Hudson County grand jury charging her with second-degree official misconduct, N.J.S.A. 2C:30-2a, and third-degree theft of movable property (public documents), N.J.S.A. 2C:20-3 and N.J.S.A. 2C:20-2b(2)(g). Because defendant attacks the facial validity of the charges against her, we will review the evidence...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Defendants Gabo Industries, LLC (Gabo), LMT Global, LLC (LMT), and Hak Y. Lim, also known as James H. Lim, (collectively referred to as defendants) appeal the August 24, 2012 grant of summary judgment awarding $180,790.07, together with costs of $224 and pre-judgment interest in the amount of $16,295.86, to plaintiff J & D Textile, Inc. (J & D), doing business as M.S. Textile Company, Ltd. (M.S.). Defendants also...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Defendant Vereli Sotelo was tried before a jury and found guilty of multiple counts of conspiracy to commit theft by deception. Defendant appeals from the amended judgment of conviction entered by the trial court on August 26, 2011. We affirm. I. Defendant and her husband, co-defendant Enoc "Tito" Sotelo, emigrated from Peru to the United States. 1 Tito was issued a United States permanent residency card (...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Defendant Michael Deluca appeals from an October 7, 2011 Law Division order denying his petition for post-conviction relief (PCR). We affirm. Defendant was arrested and subsequently indicted in connection with a July 14, 2007 forcible sexual assault upon a teenage victim. On August 4, 2008, pursuant to a plea agreement, defendant pled guilty to one count of the indictment, charging him with second-degree sexual...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM. Plaintiffs Mary Casey and John Miller appeal the grant of partial summary judgment on November 14, 2012, dismissing their claims for negligent infliction of emotional distress against defendants Jacqueline Williams-Phillips, M.D., Joseph Gaffney, M.D., and Jeremy Grayson, M.D. 1 For the reasons that follow, we affirm. On May 1, 2006, plaintiffs' nineteen-month-old child Colleen Rose was admitted to defendant...
