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- njcourts.gov… DIVISION DOCKET NO. A-0173-21 BIL-JIM CONSTRUCTION COMPANY, INC., Plaintiff-Respondent/ Cross-Appellant, v. … work. Wyncrest's argument is that each progress payment due under the AIA agreement had its own six-year statute of … it cannot recollect, although it admits it "received the fair value of its contract," the Prompt Payment Act applies, …
- njcourts.gov… DIVISION DOCKET NO. A-3458-22 A-3464-22 BRIAN KUBIEL, Complainant, v. TOMS RIVER DISTRICT NO. 1 BOARD OF FIRE … On appeal from the New Jersey Department of Community Affairs, Government Records Council, GRC Complaint No. … January 19 findings and recommendations. The GRC found a reduction of the special service charge for records …
- njcourts.gov… doors are flush and would have 4 A-3137-23 to be cut to accommodate any counter at all, and there is no bracing of any … to plaintiff. We note that a general matter, "the UCC's remedies are to be 'liberally administered to the end that the … which will enable the trier of the facts to make a fair and reasonable estimate." Totaro, Duffy, Cannova & Co., …
- A-2682-22 – STATE OF NEW JERSEY VS. AFOLABLI OSHINAIKE (05-04-0538, UNION COUNTY AND STATEWIDE) Opinionnjcourts.gov… pre-trial intervention (PTI). His PTI application was "recommended for rejection," and defendant was subsequently … States, was from Nigeria, had stated he had "possible future plans to apply for United States [c]itizenship," and … is 'not one so ineffective as to make the idea of a fair trial meaningless.'" Id. at 21-22 (quoting State v. …
- njcourts.gov… to dismiss the defamation count of the fourth amended complaint. Because the motion judge erred in finding … for me, not counting the authority, so people come and go a fair amount, actually when you've got 64,000 people. I've … State and various fictitious defendants, alleging a claim under the Conscientious Employee Protection Act (CEPA), …
- A-0271-21 – P.V.P. VS. F.J.C. (FM-13-0449-09, MONMOUTH COUNTY AND STATEWIDE) (RECORD IMPOUNDED) Opinionnjcourts.gov… meet once with plaintiff and defendant, and render a recommendation on parenting time. As the judge later noted, … that he did not wish to have visits with defendant in the future. On March 16, 2021, the judge held a conference … compel discovery; and (9) any other factor bearing on the fairness of an award. 20 A-0271-21 2012)). Although we …
- njcourts.gov… Grasso Jones ultimately dismissed plaintiff's two separate complaints with prejudice. We affirm all orders on appeal … [his] rights hereunder, or in seeking any of [his] remedies hereunder, shall constitute a waiver of any right or … eight); breach of the implied covenant of good faith and fair dealing (count ten); common law fraud (counts eleven …
- A-1734-22 – STATE OF NEW JERSEY VS. ORLANDO MATOS (17-03-0386, MIDDLESEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… reasons set forth by Judge Pedro J. Jimenez, Jr. in his comprehensive written decision. I. We distill the following … was wearing a red baseball hat underneath a blue hoodie with white lettering that covered his face. The second … sound trial strategy given the State's virtually "irrefutable" evidence. The court highlighted trial counsel's …
- njcourts.gov… LLC, Plaintiff-Respondent, v. BERKLEY INSURANCE COMPANY, Defendant-Appellant. ___________________________ … The Court stated: [T]he considerations of good faith and fair dealing require that the insurer make such an … and not contrary to public policy.'" Flomerfelt v. Cardiello, 202 N.J. 432, 441 (2010) (quoting Princeton Ins. Co. …
- njcourts.gov… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET … his money, and he needed to return to his apartment. K.G. accompanied him. We previously summarized K.G.'s account of … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Ibid. Both …
- njcourts.gov… which had been vacated for approximately six months to accommodate environmental cleanup measures, met the criteria … and regulations"). 5 These are contaminants of gasoline, diesel, motor oils, and other similar substances. 10 … premises that do not involve storing fish or fish products. Fair enough. However, we are nonetheless concerned that …
- A-3780-23 – STATE OF NEW JERSEY VS. JONATHAN E. LIGHTSEY (23-12-0850, UNION COUNTY AND STATEWIDE) Opinionnjcourts.gov… area of Spring Street in Elizabeth, specifically in and around the parking lot of a convenience store which was located … he "believe[ed] that our surveillance location was compromised." Defendant then walked across the parking lot … in the home driveway of vacationing owners would be a fair target of a warrantless search if the police had …
- A-2487-22 – STATE OF NEW JERSEY VS. MELITON ALVAREZ (21-03-0236, ATLANTIC COUNTY AND STATEWIDE) Opinionnjcourts.gov… that the man, later identified as Albin Griffin-Brea, was accompanied by another patron, later identified as defendant. … and "pointing at people." According to Devine, he did not "understand what [defendant] was saying" during the encounter … to provide it violated [defendant's] due process and fair trial rights ." During the charge conference, defendant …
- A-20-24 Response to Amicus Curiae Brief Letter Briefsnjcourts.gov… COURT SHOULD REVERSE AND REMAND FOR RECONSIDERATION UNDER THE CORRECT STANDARD. … that this standard is highly deferential, can only be overcome by clear and convincing evidence, and judges are not … to enforce the minimum-wage and overtime provisions of the Fair Labor Standards Act (FLSA) against the States FILED, …
- njcourts.gov… DIVISION DOCKET NO. A-1309-22 H AND H MANUFACTURING COMPANY, INC. a/k/a H&H, Plaintiff/Appellant, v. MARK TOMEI, … a declaratory judgment enjoining Mark and Vincent from "any future contact with H&H, its employees in the course and scope of their work for H&H, H&H's business affairs and from holding themselves out to be affiliated with …
- njcourts.gov… of Environmental Protection (DEP) that Solvay is subject to compulsory and discretionary direct oversight of its … Solvay, among other things: (1) a good faith estimate of future costs to investigate, test, treat, cleanup, and … exception." Ibid. 15 A-0635-20 Applying the fundamental fairness doctrine underlying the State Constitution's due …
- njcourts.gov… JERSEY APPELLATE DIVISION DOCKET NO. A-2354-21 INVESTORS COMMERCIAL CAPITAL, LLC, Plaintiff-Appellant, v. JARIVETTE … residential loan application to AMHM on August 24, 2015. Under "Borrower's Name," Andujar's first name was misspelled … be improper to consider the argument both in terms of "fairness to [defendants] 16 A-2354-21 and pursuant to [the …
- njcourts.gov… Montalvo's motion to dismiss second- degree conspiracy to commit aggravated assault, second-degree aggravated assault, … REASONABLE DOUBT TO SUSTAIN A CHARGE OF AGGRAVATED ASSAULT UNDER N.J.S.A. 2C:12-1B(1). POINT II THE LAW DIVISION ABUSED … Id. at 568 (alteration in original) (quoting State v. Fair, 45 N.J. 77, 95 (1965)). "[A]ccomplice liability need …
- njcourts.gov… containing some retail but mostly residential units, in a commercial zone, which allows a maximum height of only … housing in Edgewater, and, thanks to the Alexander3 and the future residential complex to be located at 615 River Road, … caution since they tend to impair sound zoning." Kohl v. Fair Lawn, 50 N.J. 268, 275 (1967); see also Burbridge v. …
- njcourts.gov… there was no basis for the court to have extended the company's forty-five-day period to challenge the City's 1963 … measure of repose to actions taken against public bodies.'" Concerned Citizens of Princeton, Inc. v. Mayor & … record that deprived the trial court of any ability to fairly judge the municipal actions taken over half a century …