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… plus $38,462.60 in attorneys' fees and costs under a commercial lease (the Lease) for a gym located in … of any applicable cure period . . . . Tenant's Allowance, together with interest at the rate of five (5%) percent per … [2020] and [2021] . . . ." The landlord-tenant court ultimately denied Tenant's reconsideration motion and denied …
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… Submitted November 27, 2023 – Decided March 4, 2024 Before Judges Gilson and Bishop-Thompson. On appeal from the … Readington Detective Brown applied for and was granted a communications data warrant (CDW) to access and search the … time that he was charged through incarceration. The court ultimately concluded defendant "did not fully understand …
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… Argued September 13, 2023 – Decided September 25, 2023 Before Judges Sabatino and Marczyk. On appeal from the … we do not restore HBLLC to the property1 pending the outcome of the Law Division case, subject to the discretion of … that it took action to reopen the restaurant, and it ultimately denied the motion to transfer the case to the Law …
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… tenant] to the landlord regarding the condition that ultimately led to his injury. [Id. at 605.] The judge was … reasoning: [N]obody ever had a problem with the stairway as far as we can see in the motion record. There was no … of the injury. While the plaintiff need not reduce altogether the possibility of other causes, he must bring forth …
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… victim's testimony that defendant was a drug dealer; (2) comparing defendant to Whitey Bulger, a notorious organized … OF THE DISCRETIONARY 5 A-2752-22 EXTENDED TERM SENTENCE. ULTIMATELY, THE PCR COURT ERRED WHEN IT DENIED THE PETITION. … 199 N.J. at 358). That said, "courts are permitted leeway to choose to examine first whether a defendant has been …
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… reconsideration of the trial court's order dismissing the complaint with prejudice, finding a prenuptial agreement … Nadia. On December 5, 2010, Luciana and Jose had a child together, Sophia. In contemplation of their marriage, Luciana … to give the parties adequate notice it would resolve the ultimate issue in the case in connection with the motion, …
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… LLP (“McCarter”) and Beverly Lubit, Esq. (“Lubit”) (together, “Defendants”) on a motion for summary judgment. A … liens dissuaded investors from investing in Moerae, ultimately causing its failure. Id. at ¶ 3. Defendants claim … that the Court implied that collections actions are always the proper forum for malpractice claims and rejected …
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… 19, 2017 final binding award of the arbitrator and his accompanying written decision. On November 14, 2017, a Family … governing the right of appeal." Importantly, the arbitrator ultimately determined, "[r]egardless of which statute … process. Accordingly, when we consider the two documents together, we agree with the motion judge, and the arbitrator …
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… school is at full capacity and consequently unable to accommodate all of the students who fall within this … Law Judge (ALJ). The parties participated in discovery, and ultimately filed cross-motions for summary disposition, … and disputes arising under the school laws[.]'" Archway Programs, Inc. v. Pemberton Twp. Bd. of Educ., 352 N.J. …
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… Argued February 10, 2020 – Decided February 21, 2020 Before Judges Messano, Ostrer and Susswein. On appeal from an … Plaintiff James Kennedy, II, alleges in his March 2019 complaint that defendant Weichert Co. misclassified him and … proposed intervenor and an existing party share the same ultimate objective, the proposed intervenor must overcome a …
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… A-2650-18T3 ESPERANZA CALERO, Petitioner-Respondent, v. TARGET CORPORATION, Respondent-Appellant. … trial judge); see also N.J. Dep't of Envtl. Prot. v. Alloway Twp., 438 N.J. Super. 501, 505 n.2 (App. Div. 2015) ("An … general, we have adhered to our understanding that "[t]he ultimate purpose . . . is to provide a dependable minimum of …
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… Submitted May 26, 2020 – Decided July 13, 2020 Before Judges Ostrer and Vernoia. On appeal from the Superior … Plaintiff Henry Chen appeals from the dismissal of his complaint with prejudice pursuant to Rule 4:23-5(a)(2). In … a measure of protection to the party who is faced with the ultimate litigation disaster of termination of his cause." …
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… Submitted October 26, 2020 – Decided Before Judges Fasciale and Susswein. On appeal from the … Anthony F. Picheca, Jr., entered the order and rendered a comprehensive and well-reasoned fourteen-page opinion. We … prejudiced by their failure to raise an argument that ultimately would have proved unsuccessful. Strickland, 466 …
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… dismissing without prejudice plaintiff's earlier-filed complaint seeking like relief. We agree with plaintiff that … 3) "a preliminary showing of a reasonable probability of ultimate success on the merits"; and 4) consideration of … an order is harsh or oppressive to the defendant, Stehr v. Swayer, 40 N.J. 352, 357 (1963), or whether a 8 A-3023-19 …
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… before an administrative law judge (ALJ), the Assistant Commissioner of the Division of Child Protection and … intersection a short distance before turning into the driveway of his home. Davenport followed. Kevin and the children … asked him to perform field sobriety tests in the garage. Ultimately, Davenport determined Kevin was under the …
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… Submitted March 17, 2021 – Decided April 14, 2021 Before Judges Alvarez and Geiger. On appeal from the Superior … an August 16, 2019 Law Division order denying his motion to compel entry into the Pretrial Intervention Program (PTI). … restitution and defendant was willing to do so. The court ultimately concluded that while it did not agree with the …
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… court found defendant in contempt of court for failing to comply with orders to – among other things – pay fifty … in contempt for failing to provide discovery. Discovery ultimately revealed defendant's Fidelity Profit Sharing Plan … child support obligation, arguing that their son living away from home for the school year was a material change in …
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… with a nineteen-year-old woman. The two traveled together from Staten Island to a wooded area of the Wharton … not respond to repeated requests for a copy of his file and ultimately destroyed the file. The State opposed the … his petition, it was not required. Court transcripts were always available to [defendant]. Also, while difficulty …
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… Argued January 25, 2022 – Decided March 9, 2022 Before Judges Currier, DeAlmeida, and Smith. On appeal from … jury. Since his conviction and sentence in 1988, Pujols has committed at least thirteen institutional disciplinary … OF INSIGHT" WITHOUT DEFINING THEM AND THEIR NEXUS TO THE ULTIMATE STATUTORY STANDARD CONSTITUTES AN ABUSE OF …
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… v. BOARD OF EDUCATION OF THE TOWNSHIP OF ALLOWAY, SALEM COUNTY, Respondent-Respondent. Submitted April … Judges Messano and Rose. On appeal from the New Jersey Commissioner of Education, Docket No. 241-10/17. S.H. and … legally competent evidence . . . exist[s] to support each ultimate finding of fact to an extent sufficient to provide …