-
njcourts.gov
… appeals from a December 21, 2022 order, issued following a "fact-finding hearing,"2 concluding she "abused or neglected" … Because we are satisfied the trial court's findings of fact were adequately supported in the record and are … to any special deference." Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). "Our review of …
-
njcourts.gov
… for the reasons which follow. I. We glean the pertinent facts and procedural history from the record. 3 A-2798-22 … detected the . . . odor of an alcoholic beverage" coming from inside the truck. There were no passengers. Lt. … require a case-by-case analysis of the particular facts presented." McCabe, 201 N.J. at 46. We review de novo …
-
njcourts.gov
… LLC (Arctic). The motion court determined the undisputed facts established plaintiff fell in the subject parking lot … Co. of Pittsburgh, 224 N.J. 189, 199 (2016). The amended complaint2 2 Mack-Cali Holmdel, LLC (Mack-Cali) was … storm is an "impossible burden" and "categorically inexpedient and impractical." Id. at 557-58. Imposing a …
-
njcourts.gov
… MONTGOMERY, Plaintiff-Appellant, v. ATLANTIC CITY ELECTRIC COMPANY, PEPCO HOLDINGS, LLC, and EXELON CORPORATION, … reviewing court must examine 'the legal sufficiency of the facts alleged on the face of the complaint,' giving the plaintiff the benefit of 'every reasonable inference of fact.'" Ibid. (quoting Dimitrakopoulos v. Borrus, Goldin, …
-
njcourts.gov
… GROUP, a/k/a THE HARTFORD, d/b/a HARTFORD FIRE INSURANCE COMPANY, STRATEGIC INSURANCE PARTNERS, INC., PHILIP D. … involve issues that "are purely legal" for which "no fact-finding hearings are necessary." Comm. Workers of Am., … 187 N.J. at 62. Governor Murphy's emergency action embodied in EO 107, which resulted in the temporary closure of …
-
njcourts.gov
… we reverse and remand. We do not need to repeat the facts and procedural history leading to defendant's murder … we incorporate by reference the procedural history and facts set forth in our prior decisions. See State v. … appeared with similar physical characteristics and skin complexion.'" Ibid. "Furthermore, the PCR court 5 A-1395-24 …
default
… amount of $170,544.34. We affirm. We glean the following facts from the record. On November 30, 2005, Fenner executed … failed to cure the default, U.S. Bank filed a foreclosure complaint on June 12, 2012, resulting in the entry of … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a …
njcourts.gov
… September 8, 2017 2 A-4097-15T4 We derive the following facts from the record of the FRO trial at which the parties … their respective jobs at approximately 4:00 p.m. Prior to coming home, defendant had been drinking at a local bar. … domestic violence against plaintiff, but stated that she in fact was violent towards him. In a comprehensive oral …
njcourts.gov
… 30, 2018 2 A-2371-16T4 the PCR raised issues of material fact whether defendant received ineffective assistance of … New Jersey. Prior to that date, police received numerous complaints about open-air drug dealing in that area. Ruark … RECEIVING A SENTENCE SIGNIFICANTLY GREATER THAN THAT EMBODIED IN THE PLEA OFFER. "Post-conviction relief is New …
njcourts.gov
… pre-trial intervention (PTI) application. She successfully completed her sentence of one year of probation prior to the … denial. On appeal, defendant argues: POINT I: BECAUSE THE FACTS IN E.D.O. WERE NEARLY IDENTICAL TO THE FACTS IN THE PRESENT CASE, THIS COURT MUST APPLY THE …
njcourts.gov
… to plaintiff Wells Fargo Bank, N.A., on its foreclosure complaint. Defendants do not dispute that Robert accepted a … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a … or order as a matter of law." R. 4:46-2(c). "An issue of fact is genuine only if, considering the burden of …
default
… and KIM BELIN, Plaintiffs-Appellants, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY and MELINDA YOUNG, Defendants-Respondents. … appeal from summary judgment in favor of New Jersey Manufacturers Insurance Company dismissing their claim for …
default
… Dalton's thoughtful oral opinion. We add the following comments. On August 1, 2019, plaintiff obtained a temporary … of defendant. After addressing each of the Carfagno2 factors, Judge Dalton rendered her oral decision denying the … failed to raise any material issue of disputed fact requiring a hearing. 1 On December 11, 2019, Judge …
njcourts.gov
… We disagree and affirm.2 We incorporate herein the facts and procedural history set forth in State v. L.K., No. … counsel was ineffective in not thoroughly investigating the facts. Defendant does not state what would have been … "a probability sufficient to undermine confidence in the outcome." Strickland, 466 U.S. at 694. 3 Strickland v. …
default
… 2021 order granting defendant PS&S's motion to dismiss his complaint for failure to state a cause of action. We … 2(e), and alleged plaintiff's complaint "contain[ed] no facts to suggest that his age played any role whatsoever in … The court found the complaint included sufficient facts to meet the first three elements of a prima facie case …
njcourts.gov
… constrained to reverse and remand. We discern the following facts and procedural history from the rather sparse record. … two buildings. The back of the ticket includes "officer's comments" where the officer wrote: "X street pumphouse 153 … argument. Counsel at oral argument acknowledged the present facts also implicate a statutory construction question as to …
njcourts.gov
… food business constituted an anticipatory breach is a fact question for the jury. Semel v. Super, 85 N.J.L. 101 … the contract in the absence of an overt cancellation.’ See Comment to Sec. 12A:2-612, par. 6; also New Jersey Study … is adequate, are questions ordinarily determined by the fact-finder. Spring Creek, supra, at 179-84 (discussing …
-
njcourts.gov
… and KIM BELIN, Plaintiffs-Appellants, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY and MELINDA YOUNG, Defendants-Respondents. … appeal from summary judgment in favor of New Jersey Manufacturers Insurance Company dismissing their claim for …
-
njcourts.gov
… Dalton's thoughtful oral opinion. We add the following comments. On August 1, 2019, plaintiff obtained a temporary … of defendant. After addressing each of the Carfagno2 factors, Judge Dalton rendered her oral decision denying the … failed to raise any material issue of disputed fact requiring a hearing. 1 On December 11, 2019, Judge …
-
njcourts.gov
… 2021 order granting defendant PS&S's motion to dismiss his complaint for failure to state a cause of action. We … 2(e), and alleged plaintiff's complaint "contain[ed] no facts to suggest that his age played any role whatsoever in … The court found the complaint included sufficient facts to meet the first three elements of a prima facie case …