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- STATE OF NEW JERSEY VS. JOEL CINTRON (08-08-0895, BURLINGTON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… brain concussion, drug effects, sleep deprivation, or any combination thereof" which "is not a matter that can be … he found defendant could not prove his counsel was in any way deficient with regard to sentencing or that his … it as inadmissible and disregard it in determining the ultimate issue of guilt or innocence). 4 State v. Kociolek, …
- njcourts.gov… and THERESE DUNNE as the parent and legal guardian of the incompetent CRYSTAL DUNNE, Plaintiffs, and THERESE DUNNE, … daughter were passengers in that car. They were on their way to the Pocono 500 car race. Defendant drove a … specific act or omission of the defendant was such that the ultimate injury to the plaintiff' reasonably flowed from …
- LAWRENCE FURLOW VS. THE CITY OF NEWARK, ET AL. (L-8916-12, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… In this opinion, we address the dismissal of an amended complaint filed in the Law Division by plaintiff Lawrence … limitations "are not self-executing" and must be raised by way of an affirmative defense or they are waived). … is not done, a reviewing court does not know whether the ultimate decision is based on the facts and law or is the …
- njcourts.gov… their motion for reconsideration. While framed in different ways, only one issue is presented on these consolidated … the [CBA]." Standard Motor Freight, Inc. v. Int'l Bhd. of Teamsters, 49 N.J. 83, 96 (1967) (citing United Steelworkers … be a question subject to the grievance procedures, with the ultimate step being binding arbitration. The only limitation …
- MICHAEL SAVIO VS. MATTHEW V. GIAMBRI, SR. (DIVISION OF WORKERS' COMPENSATION) - Unpublished Opinionsnjcourts.gov… of Labor and Workforce Development, Division of Workers' Compensation, Docket No. 2006- 20819. Kavanagh & Kavanagh, … up Savio from his home and drove him to a job site. On the way, Giambri informed Savio he was taking him to a … Savio was to remove the siding from a house. Although the ultimate job Giambri intended to complete for the homeowner …
- A-1293-19 Opinionnjcourts.gov… was arrested and charged with Smith's murder. Hyppolite was ultimately indicted for murder and weapons offenses. In July … [associates of hers] . . . by the name[s] of 'Eze' Hemingway and Juan Hemingway on Facebook and other social media … A-1293-19 On May 22, 2019, the court entered an order and accompanying written opinion denying defendant's motion. On …
- A-3396-20 Opinionnjcourts.gov… answers to interrogatories[,] and admissions on file, together with the affidavits, if any, show that there is no … informal written decisions, or reasons given for the ultimate conclusion" (quoting Do-Wop Corp. v. City of Rahway, 168 N.J. 191, 199 (2001))). Plaintiff's argument to the …
- A-0197-19T3 Opinionnjcourts.gov… Div. 1977). In Rice, after a public session concerning budget issues, seventeen employees3 were designated for … 233 N.J. at 586; S. Jersey Publ'g. Co. v. N.J. Expressway Auth., 124 N.J. 478, 492 (1991). Yet, in none of those … Act and the current version of N.J.S.A. 18A:6-11, we ultimately conclude – with the assistance of familiar canons …
- A-5588-18 Opinionnjcourts.gov… defined as follows: [A]ny "development" that provides for ultimately disturbing one or more acres of land or … of soil or bedrock clearing, cutting, or removing vegetation. Projects undertaken by any government agency which … A challenge to the validity of the Ordinance by way of an action in lieu of prerogative writs is squarely …
- A-1867-16T3 Opinionnjcourts.gov… order dismissing his order to show cause and verified complaint that sought to vacate an arbitration award and … pointing at the student's chest, then 'bumping' and ultimately pushing the student across the gym and 'mushing' … Those found "were that this [t]eacher did not back off or away from an emotional or physical confrontation. He is …
- A-0424-21 Opinionnjcourts.gov… August 27, 2021 order that dismissed with prejudice their complaint against Frank Ortega (Ortega) and Ortega & Di … in the Second Action were "identical, in all material ways," to the allegations and claims that Aaron asserted or … an accountant for negligence, the claimant must plead and ultimately prove the three elements set forth in the Act. E. …
- A-0485-16T2/A-0486-16T2 Opinionnjcourts.gov… their motion for reconsideration. While framed in different ways, only one issue is presented on these consolidated … the [CBA]." Standard Motor Freight, Inc. v. Int'l Bhd. of Teamsters, 49 N.J. 83, 96 (1967) (citing United Steelworkers … be a question subject to the grievance procedures, with the ultimate step being binding arbitration. The only limitation …
- A-0049-19T2 Opinionnjcourts.gov… This dispute arose from three underlying municipal complaints involving defendants against Koka alleging … theft by unlawful taking, and criminal mischief. By way of background, Koka's uncle is married to Eglantina's1 … she was also unprepared to proceed. The second trial ultimately occurred, and Brian and Eglantina testified, and …
- A-0196-18T2 Opinionnjcourts.gov… (Trust) and designated his wife, Anna Grumme, and Jerome Gettelson, as co-trustees. The Will did not restrict or in any way specify the manner in which Trust assets were to be … his claims as exceptions to Keiser's accounting. Keiser ultimately moved for summary judgment seeking approval of …
- A-3802-17T1 Opinionnjcourts.gov… In addition, defendant's front headlight assembly was "completely out." During the course of the motor vehicle … to the police department, where they were refrigerated and ultimately taken to the New Jersey State Police, Office of … not proffer any opinion her analysis was deficient in any way. 5 U.S. Const. amend. V. 14 A-3802-17T1 Second, …
- A-0756-18T2 Opinionnjcourts.gov… Defendant was convicted of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1(b); … addressed on the merits, and rejected on direct appeal. Ultimately, the PCR court concluded defendant failed to … robbery. . . . Since her proffered testimony "cuts both ways"—it is consistent with both innocence and guilt— trial …
- A-0613-18T3 Opinionnjcourts.gov… Borough entered negotiations with John J. Cust, Jr., and ultimately conditionally designated him as redeveloper of … blighted decades earlier required they be "reevaluated together pursuant to N.J.S.A. 40A:12A- 5"). McManus's report … was attempting to address, in a rational and considered way, the past failures and shortcomings of prior attempts to …
- A-0527-18T3/A-0529-18T3 Opinionnjcourts.gov… 3 A-0527-18T3 Defendants argue the Family Part committed reversible error by granting the Division's motion … to find that a hearing before the OAL "would in any way negate their opportunity [for] a plenary administrative … some legally competent evidence must exist to support each ultimate finding of fact to an 15 A-0527-18T3 extent …
- A-0730-17T2 Opinionnjcourts.gov… 10, 2017 Chancery Division order denying their motion to compel arbitration in their dispute with respondents Basel … issues presented by the parties on appeal, which we will ultimately not be able to resolve, we rely upon the … of course, arbitration is highly favored, and there's always a presumption that there should be arbitration, but …
- A-4032-17T4 Opinionnjcourts.gov… AN 1 "An 'open plea' [i]s one that d[oes] not include a recommendation from the State, nor a prior indication from the … an exigent manner[,]" thus "vitiat[ing] its legitimacy and ultimately its legality." Following oral argument, the judge … . . . is not involved in the resolution of the case by way of the conversations between counsel or negotiations." …