11 New Jersey opinions name it 4 courts 1935–2026 2 in the last five years
The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Williamsgreen2 sentences2022Defendant contends the trial court was required to have advised him at sentencing of the State's right to appeal the sentence pursuant to N.J.S.A. 2C:44-1(f)(2) and of the election and waiver provision of Rule 2:9-3(c), as we held was required in State v. Williams, 203 N.J. 1994Defendant relies upon our holding in State v. Williams, 203 N.J.Super. 513, 518 , 497 A.2d 550 (App.Div.1985) that “where sentence is imposed pursuant to N.J.S.A. 2C:44-1f(2) and R. 3:21-4(g), the court should advise defendant of the election and waiver provision of R. 2:9-3(d) at the same time defendant is advised of his right to appeal as required by R. 3:21—4(f).” However, the Court in Sanders expressly rejected this part of our Williams opinion: In State v. Williams, supra, 203 N.J.Super. at 518 , [ 497 A.2d 550 ] a panel of the Appellate Division held that a defendant must be advised at s | 1 | 3 |
New Mea Const. Corp. v. Harpergreen1 sentence2026Corp. v. Harper, 203 N.J. | 1 | 1 |
Murphy v. Morrisgreen2 sentences1983Deerhurst Estates v. Meadow Homes, Inc., 64 N.J.Super. 134, 146 , 165 A.2d 543 (App.Div.1960), certif. den. 34 N.J. 66 (1961); See also Murphy v. Morris, supra 12 N.J.Super. at 547 , 80 A.2d 128 . 1983Deerhurst Estates v. Meadow Homes, Inc., 64 N.J.Super. 134, 146 , 165 A.2d 543 (App.Div.1960), certif. den. 34 N.J. 66 (1961); See also Murphy v. Morris, supra 12 N.J.Super. at 547 , 80 A.2d 128 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Konieczny v. Micciche
green
2 sentences2008The language of N.J.S.A. 46:3B-9"initiation of procedures to enforce a remedy shall constitute an election which shall bar the owner from all other remedies"means that "when a homeowner `initiates' a binding arbitration proceeding . . . the homeowner has elected the administrative procedure to `enforce a remedy' relating to defects." Konieczny, supra, 305 N.J.Super. at 381 , 702 A. 2d 831 . 2008The language of N.J.S.A. 46:3B-9"initiation of procedures to enforce a remedy shall constitute an election which shall bar the owner from all other remedies"means that "when a homeowner `initiates' a binding arbitration proceeding . . . the homeowner has elected the administrative procedure to `enforce a remedy' relating to defects." Konieczny, supra, 305 N.J.Super. at 381 , 702 A. 2d 831 . | 2 | 2002–2008 |
Rzepiennik v. US Home Corp.
green
2 sentences1996However, initiation of procedures to enforce a remedy shall constitute an election which shall bar the owner from all other remedies. (emphasis supplied) The trial court's determination was based upon its understanding of our holdings in Rzepiennik v. U.S. Home Corp., 221 N.J. 1990By affirming that dismissal, this court has denied them any administrative remedy and, because N.J.S.A. 46:3B-9 provides that "initiation of procedures to enforce a remedy shall constitute an election which shall bar the owner from all other remedies," our ruling may also have precluded a money judgment against the builder. [1] See Rzepiennik v. U.S. Home Corp., 221 N.J. | 2 | 1990–1996 |
Jones v. Mitchell
green
2 sentences2006However, Title 19 provides the statutory source for an election challenge of a successful candidate." Id. at 391 , 476 A. 2d 1276 . 2006However, Title 19 provides the statutory source for an election challenge of a successful candidate." Id. at 391 , 476 A. 2d 1276 . | 1 | 2006–2006 |
State v. Sanders
green
2 sentences1994In view of our conclusion that the Rule is inapplicable until the State perfects its appeal, it is self-evident that this advice to a defendant is not required until the bail hearing is held. [ 107 N.J. at 617 n. 7, 527 A.2d 442 .] Since defendant received a probationary sentence, he did not have a bail hearing. 1994In view of our conclusion that the Rule is inapplicable until the State perfects its appeal, it is self-evident that this advice to a defendant is not required until the bail hearing is held. [ 107 N.J. at 617 n. 7, 527 A.2d 442 .] Since defendant received a probationary sentence, he did not have a bail hearing. | 1 | 1994–1994 |
Deerhurst Estates v. Meadow Homes, Inc.
green
1 sentence1983Deerhurst Estates v. Meadow Homes, Inc., 64 N.J.Super. 134, 146 , 165 A.2d 543 (App.Div.1960), certif. den. 34 N.J. 66 (1961); See also Murphy v. Morris, supra 12 N.J.Super. at 547 , 80 A.2d 128 . | 1 | 1983–1983 |
Deerhurst Estates v. Meadow Homes, Inc.
green
2 sentences1983Deerhurst Estates v. Meadow Homes, Inc., 64 N.J.Super. 134, 146 , 165 A.2d 543 (App.Div.1960), certif. den. 34 N.J. 66 (1961); See also Murphy v. Morris, supra 12 N.J.Super. at 547 , 80 A.2d 128 . 1983Deerhurst Estates v. Meadow Homes, Inc., 64 N.J.Super. 134, 146 , 165 A.2d 543 (App.Div.1960), certif. den. 34 N.J. 66 (1961); See also Murphy v. Morris, supra 12 N.J.Super. at 547 , 80 A.2d 128 . | 1 | 1983–1983 |
Bird v. Hawkins
neutral
1 sentence1935The donee is not required to accept; no duty is cast upon him; he is left to act voluntarily either in rejecting the gift with its personal burden or accepting the gift and assuming the personal burden." Bird v. Hawkins, 58 N.J. | 1 | 1935–1935 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.