njcourts.gov
… Submitted December 5, 2024 – Decided December 13, 2024 Before Judges Mawla and Vinci. On appeal from the Superior … alcohol emanating from the vehicle. Defendant said he was coming from a friend's house. He initially denied drinking … the credibility of the witnesses.'" Ibid. (alteration in original) (quoting State v. Johnson, 42 N.J. 146, 157 …
default
… Argued October 1, 2018 – Decided October 31, 2018 Before Judges Fasciale and Rose. On appeal from the Board of … two back. The suspect was not responsive to the officers' commands. The suspect bent down to pick up an object[,] … an appellate court would come to the same conclusion if the original determination was its to make, but rather whether …
default
… a business entity, Defendants, and FARMERS INSURANCE COMPANY OF FLEMINGTON, a business entity, … Argued October 16, 2018 – Decided October 30, 2018 Before Judges Yannotti and Natali. On appeal from Superior … v. Chubb Ins. Co., 121 N.J. 530, 537 (1990) (alteration in original) (citing Kievit v. Loyal Protective Life Ins. Co., …
default
… Argued April 1, 2019 – Decided July 8, 2019 Before Judges Sumners and Mitterhoff. On appeal from the … LLC's Rule 4:23-5(a)(2) motion to dismiss plaintiffs' complaint with prejudice for failure to provide responsive … Inc., 403 N.J. Super. 86, 93 (2008) (alterations in original). An abuse of discretion "arises when a decision is …
default
… Submitted April 3, 2019 – Decided May 2, 2019 Before Judges Vernoia and Moynihan. On appeal from the New Jersey Civil Service Commission, Docket No. 2014-716. Alterman & Associates, LLC, … based on a person's race, creed, color, religion, national origin, ancestry, marital status, affectional or sexual …
default
… Submitted April 8, 2019 – Decided April 29, 2019 Before Judges Messano and Fasciale. On appeal from Superior … following oral argument. Later, she issued an order accompanied by a written statement of reasons. The judge … N.J. Super. 242, 249 (App. Div. 1989) (first alteration in original). The Marko panel cited this precise language. 386 …
default
… DOCKET NO. A-4294-17T2 ALLSTATE NEW JERSEY INSURANCE COMPANY, Plaintiff-Appellant, v. EMPIRE FIRE AND MARINE … Argued June 4, 2019 – Decided June 25, 2019 Before Judges Fasciale and Rose. On appeal from the Superior … Minkowitz, 433 N.J. Super. at 136 (alteration in original) (quoting Tretina Printing, Inc. v. Fitzpatrick & …
default
… Submitted April 3, 2019 – Decided June 17, 2019 Before Judges Alvarez and Reisner. On appeal from Superior … Outland was convicted of second- degree conspiracy to commit robbery, N.J.S.A. 2C:15-1 and 2C:5-2, and fourth- … State v. Camacho, 218 N.J. 533, 554 (2014) (alteration in original) (quoting State v. Adams, 194 N.J. 186, 207 …
default
… Submitted May 14, 2019 – Decided June 13, 2019 Before Judges Yannotti and Natali. On appeal from Superior … of CDS with intent to distribute). The State agreed to recommend a sentence of three years of incarceration, with one … 444 N.J. Super. 285, 295 (App. Div. 2016) (alteration in original) (quoting Padilla, 559 U.S. at 369). "However, …
default
… Argued May 15, 2019 – Decided June 11, 2019 Before Judges Koblitz, Currier and Mayer. On appeal from … effective June 1, 1998. In 1998, Peter sought to be compensated for payment from his own funds for Anna's … 20, 2016 order. 12 A-3970-17T3 2011) (alteration in original) (quoting United Hearts, L.L.C. v. Zahabian, 407 …
default
… Submitted May 28, 2019 – Decided June 10, 2019 Before Judges Gooden Brown and Rose. On appeal from Superior … DEFENDANT'S FIFTH AMENDMENT RIGHTS, AND/OR THE NEW JERSEY COMMON LAW PRIVILEGE AGAINST SELF-INCRIMINATION. POINT IV … State v. Robertson, 228 N.J. 138, 148 (2017) (alteration in original) (quoting State v. Johnson, 42 N.J. 146, 162 …
default
… Submitted January 10, 2019 – Decided July 30, 2019 Before Judges O'Connor and DeAlmeida. On appeal from the New … use variance and site plan approval. After the NJSEA staff commenced public hearings, MEPT withdrew its application … party, or be precluded from filing a new application if the original one is deemed withdrawn with prejudice. Even if …
default
… Plaintiffs-Appellants, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant-Respondent. __________________________ … Submitted February 6, 2019 - Decided July 30, 2019 Before Judges Fuentes and Accurso. On appeal from the Superior … looked like misstatements in the application." Without the original insurance application or testimony from anyone at …
default
… Submitted April 12, 2018 – Decided Before Judges Rothstadt and Gooden Brown. On appeal from … 466 U.S. at 687-88. This standard of "reasonable competence," Fritz, 105 N.J. at 60, "does not require the … result unreliable." Fritz, 105 N.J. at 52 (alteration in original) (quoting Strickland, 466 U.S. at 687). Defendant …
default
… Argued May 15, 2018 – Decided July 31, 2018 Before Judges Fasciale, Sumners and Natali. On appeal from … restoration and enhancement. Public Service Electric & Gas Company (PSE&G), seeking to fulfill to its state-mandated … provides that "[t]he appellate court may exercise such original jurisdiction as is necessary to the complete …
default
… Submitted January 8, 2019 – Decided March 13, 2019 Before Judges Fisher and Suter. On appeal from Superior Court … of his person by three police officers, defendant filed complaints against the three officers (and, mistakenly, a … emphasized defendant's return two weeks after filing the original three complaints to file another. The judge …
default
… Argued January 15, 2019 – Decided March 12, 2019 Before Judges Rothstadt, Gilson, and Natali. On appeal from … the Board. 5 A-0896-15T2 In August 2014, plaintiff filed a complaint in lieu of prerogative writs challenging the … was pending, defendants learned of a mistake in their original application. In their application in 2013, the …
default
… Submitted January 30, 2019 – Decided March 11, 2019 Before Judges Accurso and Moynihan. On appeal from Superior … been made.'" M.M., 189 N.J. at 279 (third alteration in original) (internal citation omitted) 4 A-2084-17T1 (first … (1) telling Amber, "if you don't shut up I'm going to come in there and punch you in the mouth"; (2) saying, as …
default
… Argued February 4, 2019 – Decided March 8, 2019 Before Judges Messano, Fasciale and Gooden Brown. On appeal … The federal court stayed that matter pending the outcome of this appeal. 4 A-1557-17T4 1. NJTA's Lack Of Candor … both parties during the delay.'" Id. at 141 (alteration in original) (quoting Lavin v. Bd. of Educ. of Hackensack, 90 …
default
… Argued January 30, 2019 – Decided March 7, 2019 Before Judges Alvarez, Nugent, and Reisner. On appeal from … firefighter, filed a Law Against Discrimination (LAD) complaint against defendants and Fire Director Qareeb A. … plaintiff suffered from an underlying condition of PTSD, originally caused by his experiences as a soldier in Iraq. …