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- njcourts.gov… mental health and physical well-being. The court also pointed out that many of the terms in the Revised Policy … "have held 'that courts, in the exercise of their equitable powers, may, and frequently do, go much farther both to give … of Phila., Dep't of Pub. Health, 503 F.3d 256, 262 (3d Cir. 2007) (finding no "constitutional obligation on state actors …
- njcourts.gov… a dispute resolution clause printed in approximately 6-point font, which read in pertinent part: 5. Dispute … unconscionable because there was an imbalance of bargaining power between Bender—an eighty-year-old man with health … v. BDO Seidman, LLP, 393 N.J. Super. 560, 575 (App. Div. 2007); see Wasserstein v. Kovatch, 261 N.J. Super. 277, 286 …
- A-4358-15T3 Opinionnjcourts.gov… requisite capacity to enter into the contract. The judge pointed out that, at the time of his initial admission to … commercial sophistication and the disparity in bargaining power," there were "indicia of procedural … in this opinion. R. 2:11-3(e)(1)(E). Affirmed. … a4358-15.pdf … A-4358-15T3 …
- A-3781-18T4 Opinionnjcourts.gov… below. Now on appeal, defendant raises the following points: POINT I THE CONVICTIONS SHOULD BE VACATED BECAUSE … Ibid. (quoting State v. Elders, 192 N.J. 224, 244 (2007)). 22 A-3781-18T4 Defendant contends that the … injustice standard vests in the trial court a "residuum of power" to forego imprisonment "in those few cases where it …
- njcourts.gov… "9th Amendment Amended and Restated Operating Agreement," appointing Drosos the sole manager of Dreamfood with "the right and power individually to manage and operate the Company and to … v. BDO Seidman, LLP, 393 N.J. Super. 560, 568-69 (App. Div. 2007), that agency principles permitted a non-signatory …
- 010151-2023 Opinionnjcourts.gov… Plaintiff Vernon Township filed a verified complaint in connection with property previously identified on the … described the .613 acres listed under “Land Desc” as a manually entered value that is not a component of the actual … to value the eight separate properties). … 010151-2023.pdf … 010151-2023 …
- njcourts.gov… Although the parties disagree on almost every critical point, they do not dispute the following facts, which … again. Within a week, the decedent had revoked Jimmy's power-of-attorney and executed a new durable power making … v. Ostlund, 391 N.J. Super. 390, 401- 402 (App. Div. 2007) (quoting Vezzetti v. Shields, 22 N.J. Super. 397, 405 …
- A-4649-16T4 Opinionnjcourts.gov… raises the following issues for our consideration: POINT I THE TRIAL COURT ERRONEOUSLY DENIED [DEFENDANT]'S … and therefore invalid." State v. Elders, 192 N.J. 224, 246 (2007). "[T]he State bears the burden of proving by a … on the precise details of the charged conduct." State v. Powers, 448 N.J. Super. 69, 74 (App. Div. 2016), certif. …
- A-4532-16T4 Opinionnjcourts.gov… from a May 5, 2017 order, which denied its motion to appoint a guardian of the estate and property of Y.M., an … the Probate Part to appoint a guardian, confer the court's power 4 A-4532-16T4 to exercise control over a ward's estate … Hudson View's request to remove OPG. Affirmed. … a4532-16.pdf … A-4532-16T4 …
- njcourts.gov… WINDSOR, TOWNSHIP OF WEST WINDSOR PLANNING BOARD, BRIDGE POINT WEST WINDSOR, LLC, and CLARKSVILLE CENTER LLC, … Div. 1978), certif. denied, 81 N.J. 45 (1979) (holding power of municipal authority to charge standard annual rate … Township of Pilesgrove, 393 N.J. Super. 377, 385 (App. Div. 2007) is also instructive. Relying on Gallo, the court …
- A-2483-16T2 Opinionnjcourts.gov… $115,000 by 2015. Plaintiff stopped working in 2007, and only worked intermittently for a few months at a … v. Martindell, 21 N.J. 341, 355 (1956)). Courts have the power to enforce support agreements to the extent that such … remanded in part. We do not retain jurisdiction. … a2483-16.pdf … A-2483-16T2 …
- njcourts.gov… the past and "taxes were delinquent for most quarters from 2007 to [2013]." Analyzing the criteria required for a … its authority to acquire the property being condemned," appointing commissioners to fix the compensation required to … 309 (2023) (quoting N.J. Const. art. VIII, § 3, ¶ 1). "The power to redevelop property 'is a valuable tool . . . …
- A-5105-18 Opinionnjcourts.gov… APPELLATE DIVISION A-5105-18 2 M.M.,1 through her son and power of attorney, petitioner A.M.,2 appeals from the June … time I would prepare her meals, take her to her doctor's appointments, help her dress and bathe, drive her to see … & Health Servs., 391 N.J. Super. 25, 37 (App. Div. 2007). If the applicant transfers any resource within the …
- A-1787-18 Opinionnjcourts.gov… nullification." On appeal, defendant raises the following points: POINT I THIS MATTER MUST BE REMANDED FOR … Our courts have long decried jury nullification—the power to arbitrarily convict one while acquitting another—as … part, but remanded for additional proceedings. … a1787-18.pdf … A-1787-18 …
- A-1227-20 Opinionnjcourts.gov… in favor of PIP carrier. Foster was still listed as the point of contact, despite no longer working for Athens. On … proceeding; (4) an arbitrator exceeded the arbitrator's powers; (5) there was no agreement to arbitrate, unless the … a written opinion. R. 2:11-3(e)(1)(E). Affirmed. … a1227-20.pdf … A-1227-20 …
- njcourts.gov… the doctor's practice and "harassing" them to schedule an appointment. In her report to DCPP, the doctor questioned … L.M.'s medical situation but determined that J.R. had "the power to secure either the vaccine or a note, which she … Div. of Youth & Fam. Servs. v. M.M., 189 N.J. 261, 279 (2007). "Where the issue to be decided is an 'alleged error …
- A-7/8-16 Opinionnjcourts.gov… Carmen would ultimately determine whether to shut off the power. Bierals did not contact Del Carmen about the Brown … the absolute immunity provided by N.J.S.A. 59:3-7. Bierals points to the plaintiffs’ failure to identify an affirmative … SOLOMON and TIMPONE did not participate. … a_7_8_16.pdf … A-7/8-16 …
- A-2019-18T3 Opinionnjcourts.gov… Innes v. Carrascosa, 391 N.J. Super. 453, 490-93 (App. Div. 2007). The first-filed rule is not an absolute rule; rather, … action should restrain itself and not exercise its judicial power. Sensient Colors, 193 N.J. at 386-87. In other words, … from a divorce action. Indeed, defendant conceded that point and noted that the parties must first be granted a 12 …
- A-3316-20 Opinionnjcourts.gov… N.J. Super. 575, 580 (App. Div. 1998). The court has the power "to hear and decide motions . . . exclusively upon 12 … Hand v. Hand, 391 N.J. Super. 102, 106 (App. Div. 2007); see also Lepis, 83 N.J. at 159 (holding "a party must … a plenary hearing. We note defendant fails 13 A-3316-20 to point out any conflicting material facts that "bear directly …
- njcourts.gov… NOT BARRED While it is true the municipal governing body appoints the assessor and provides for both the assessor’s … v. Dir., Div. of Tax’n, 390 N.J. Super. 435, 443 (App. Div. 2007). Just because the assessor says it’s so, does not mean … court should tread cautiously when relying on the inherent power to exclude witnesses, mindful that the Supreme Court …