-
njcourts.gov
… denying her motion for summary judgment and dismissing her complaint with prejudice. The trial court agreed with … Therefore, the court erred in dismissing plaintiff's complaint. We reverse. This matter concerns two applications … a party from relitigating a second time what was previously fairly litigated and determined finally." Hackensack v. …
-
njcourts.gov
… instructed the jury, and affirm. I. Plaintiff filed a complaint seeking damages for personal injuries caused by defendant's automobile when plaintiff walked through the T-intersection 3 … and proper charges to a jury are essential for a fair trial.'" Prioleau v. Ky. Fried Chicken, Inc., 223 N.J. …
-
njcourts.gov
… INC., Petitioner-Appellant, v. NEW JERSEY MOTOR VEHICLE COMMISSION, Respondent-Respondent. … Perez Friscia. On appeal from the New Jersey Motor Vehicle Commission. Lloyd D. Levenson argued the cause for appellant … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trs., PFRS, 206 …
-
njcourts.gov
… bilateral radiculopathy. Dr. Weiss utilized a Patient Outcome Measurement System that followed an American Medical … not find a clinical correlation between Grace's subjective complaints and the objective findings of the magnetic … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trs., Police & …
-
njcourts.gov
… we vacate and remand for the State to provide a compliant statement of reasons for its denial of the … as ineligible for PTI. He contended that "a full and complete review and consideration of all relevant factors … for supervisory treatment shall be entitled to full and fair consideration of his application. If an application is …
-
njcourts.gov
… ASSOCIATION, INC., Plaintiff-Respondent, v. RGD HOLDING COMPANY, LLC, RMC MEZZANINE COMPANY, LLC, RMC GTIS DIXON, … MATTHEW MCGRATH, PROPSECT PROPERTY GROUP, and FIRST GLASS SOLUTIONS, LLC, Defendants. … condition"; breach of the covenant of good faith and fair dealing; breach of fiduciary duty; violations of the …
-
njcourts.gov
… the August 5, 2022 order dismissing the second amended complaint against defendants Charles L. Jaffee, Esquire and … and the August 8, 2023 order granting the joint motion to compel arbitration filed by defendants S&F Holding, LLC and … at 565. "[A]n articulation of reasons is essential to the fair resolution of a case." O'Brien v. O'Brien, 259 N.J. …
-
njcourts.gov
… restraining order (TRO)2 after filing a domestic violence complaint on June 25, alleging defendant committed the … believing "it would . . . bounce[] back." After the "[g]lass shattered, [he] got scared, [because] it was extremely … side of the house, the likelihood of it causing damage is fairly high." As defendant had admitted to throwing the rock …
-
njcourts.gov
… sheet should have provided for self-defense to serve as a complete justification to homicide rather than piecemeal to … that self-defense, once found by a jury, serves as a complete defense to all categories of homicide, we reverse … jury instructions are essential to a defendant's right to a fair trial. State v. Rodriguez, 195 N.J. 165, 175 (2008). …
-
njcourts.gov
… at the expense of a defendant’s right to a fundamentally fair trial.” State v. Sanchez, 143 N.J. 273, 290 (1996). In … inherent in the mere fact of joinder does not of itself encompass a sufficient threat to compel a separate trial.” State v. Scioscia, 200 N.J. Super. …
-
njcourts.gov
… defendant's motion for summary judgment and dismissing his complaint for adverse possession. Having reviewed the … verbal contract, and the implied covenant of good faith and fair dealing. Plaintiff alleged he entered into verbal … years, the minimum amount of time required by the statute. Lastly, the court dismissed plaintiff's complaint against …
-
njcourts.gov
… the following prohibited acts: *.803/.002 (attempting to commit assault); *.012 (throwing bodily fluid at another … protective, investigative, medical, or other classification, in a cell or similarly confined holding or … her "infractions occurred on the same date . . . and in fairly close temporal proximity" over a two-hour period, so …
-
njcourts.gov
… a Union County indictment with second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(1) and N.J.S.A. … Caraballo and an unidentified juvenile. The three agreed to commit an armed robbery and drove around in Caraballo's car … RIGHT TO THE ASSISTANCE OF COUNSEL AND THE RIGHT TO A FAIR TRIAL. We begin by setting out guideposts that inform …
-
njcourts.gov
… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0189-23 NEW COMMUNITY CORPORATION, Plaintiff-Respondent, v. FIRST ZION … judge's conclusions of law and review them de novo. Nicholas v. Mynster, 213 N.J. 463, 478 (2013). The adverse … to law, or wherever such possession was obtained by a fair bona fide purchase of such real estate from any person …
-
njcourts.gov
… FILED AND PROCEDURALLY BARRED SO AS TO ENSURE A FULL AND FAIR DISPOSITION OF DEFENDANT'S CURRENT APPEAL IN THE CASE … an amended second PCR petition on September 16, 2016. In a comprehensive written opinion issued on August 23, 2018, the … an arrest/intake photograph that would have changed the outcome of [defendant's] motion to suppress, resulting in …
-
njcourts.gov
… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … of two equal and managing members of a limited liability company – has moved, on the eve of trial,1 for summary … the duty of all members to act in “good faith” and with “fair dealing,” N.J.S.A. 42:2C-39(d), certainly encompasses …
-
njcourts.gov
… loaded .22- caliber handgun, cocaine, a scale, and empty plastic sandwich bags. According to the State, defendant is a … second-degree possession 3 A-2481-20 of a firearm while committing a controlled dangerous substance ("CDS") crime, … the mark sought to be accomplished by PTI that fundamental fairness and justice require judicial intervention. '" …
-
njcourts.gov
… DIVISION DOCKET NO. A-3003-22 IN THE MATTER OF THE CIVIL COMMITMENT OF K.W., SVP 559-10. … first committed to the STU in 2010, after completing his last criminal sentence, and has remained there since. We … and direct manner. The court further found Dr. Kovack to be fair and credible in her analysis of K.W. The State rested, …
-
njcourts.gov
… R. 1:36-3. 2 A-3477-22 resentencing pursuant to State v. Comer, 249 N.J. 359 (2022), because he was twenty-four-years old when he committed murder, three carjackings, and assaults upon … THE ISSUES HEREIN ARGUED WOULD HAVE FELL INTO THE OVERALL FAIRNESS OF THE SENTENCING. In his supplemental pro se reply …
-
njcourts.gov
… was missing after the incident. Twenty years old when he committed the crimes, defendant was sentenced to an … under Rule 3:21-10, and for resentencing under State v. Comer, 249 N.J. 359 (2022) (providing a twenty-year lookback … . [DEFENDANT]'S RIGHT TO EQUAL PROTECTION, AND FUNDAMENTAL FAIRNESS UNDER BOTH STATE AND FEDERAL CONSTITUTIONS WHEN …