njcourts.gov
… Argued May 10, 2023 – Decided June 7, 2023 Before Judges Currier and Mayer. On appeal from the Superior … to dislodge. Plaintiff filed a notice of tort claim and complaint against the City. The City filed an answer and … judgment order, we consider the evidence in the light most favorable to the non-moving party. Brill v. Guardian …
njcourts.gov
… Submitted June 6, 2023 – Decided August 8, 2023 Before Judges Rose and Messano. On appeal from the Superior … Ravin in his written opinion. We add only the following comments. Judge Ravin applied the well-known standards … his or her claim, viewing the facts alleged in the light most favorable to the defendant, will ultimately succeed on …
njcourts.gov
… Submitted February 12, 2024 – Decided July 15, 2024 Before Judges DeAlmeida, Berdote Byrne, and Bishop- Thompson. … and failed to consider the new evidence in the light most favorable to defendant. Lastly, he posits the court did … that the new evidence must have been discovered after completion of trial and must not have been discoverable …
njcourts.gov
… opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … personal and real property of a local exchange telephone company, defined as “a telecommunications carrier providing … Division was “also convinced that understanding is the most sensible when considering how New Jersey’s 209 local …
njcourts.gov
… Argued October 1, 2024 – Decided December 17, 2024 Before Judges Sumners and Perez Friscia. On appeal from the … "to consider or appreciate the significance of probative competent evidence." We vacate summary judgment because we … or stopping, or if on the other hand, viewed in the light most favorable to [] [her], the driver abruptly, violently, …
njcourts.gov
… Argued October 30, 2024 – Decided February 10, 2025 Before Judges Mayer and Puglisi. On appeal from the Superior … in part. In September 2021, plaintiff filed a three-count complaint in the Law Division concerning real property … material fact" when the evidence is "viewed in the light most favorable to the non-moving party[.]" Davis v. Brickman …
njcourts.gov
… Submitted October 1, 2024 – Decided December 11, 2024 Before Judges Sumners and Perez Friscia. On appeal from the … letter to the Middlesex County Prosecutor's Office (MCPO) recommending that defendant not be admitted into the PTI … hearing, "courts should view the facts in the light most favorable to a defendant to determine whether a …
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… Defendant-Appellant. Submitted October 22, 2018 – Decided Before Judges Fasciale and Rose. On appeal from Superior Court … Judge John T. Kelley entered the order and rendered a comprehensive oral decision setting forth, in great detail, … of this appeal. 4 A-0394-17T1 On appeal, defendant renews most of the arguments raised before the PCR judge. In …
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… not in its individual capacity, but soley as trustee for THE RMAC TRUST, SERIES 2016-CTT, Plaintiff-Respondent, … its assignment in October 2015. UMB filed its foreclosure complaint in January 2016. Appellant filed an answer … judgment. We consider these arguments de novo in a light most favorable to 4 A-0270-17T2 appellant as the non-moving …
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… Argued October 15, 2018 – Decided October 24, 2018 Before Judges Haas and Mitterhoff. On appeal from Superior … concerning both orders. Therefore, we summarize only the most salient facts here. On May 21, 2004, defendant 561 … 2, 2004. Broadway used the mortgage funds to purchase a commercial property in Westwood. Defendant Robert Schroeder …
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… Submitted May 6, 2019 – Decided July 15, 2019 Before Judges Sabatino and Sumners. On appeal from the New … of parole for violation and resentencing to county jail; commission of prison disciplinary infractions for one … its disciplinary sanctions of asterisk offense (most serious) and non-asterisk offense (less serious) for …
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… Submitted on May 15, 2019 – Decided June 21, 2019 Before Judges Koblitz and Currier. On appeal from Superior … LAW 3 A-4211-17T3 REGARDING WHEN AN ADVERSARIAL PROCEEDING COMMENCES AND THE RIGHT TO COUNSEL ATTACHES. C. FAILURE OF … his or her claim, viewing the facts alleged in the light most favorable to the defendant, will ultimately succeed on …
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… Submitted May 22, 2019 – Decided June 6, 2019 Before Judges Accurso and Vernoia. On appeal from Superior … executed an October 16, 1 Plaintiff filed the foreclosure complaint "as trustee, on behalf of the holders of … evidential materials presented, when viewed in the light most favorable to the non-moving party" in consideration of …
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… Dennis McNerney and Cathy McNerney (husband and wife) for comments they posted on the PolitickerNJ.com website … his order stating that viewing the allegations in the light most favorable to plaintiffs, McNerney's postings on … Accordingly, plaintiffs' reliance on Fairway Dodge is misplaced. There, the Court concluded no CROA violation …
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… __________________________ Argued June 26, 2018 – Decided Before Judges Simonelli and Koblitz. On appeal from Superior … by a preponderance of the evidence that both defendants had committed terroristic threats, N.J.S.A. 2C:12-3, and … regard to him. However, G.A. was the brother who made the most frightening threat aimed at plaintiff's daughter. G.A. …
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… Submitted June 19, 2018 - Decided Before Judges Simonelli and Koblitz. On appeal from the Board … Elizabeth elementary school teacher who retired after almost fifteen years of work, was not totally and permanently … testifying expert, conducted his own examination, commenting on the disc bulges and surgery done by Gechtman's …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-3413-16T1 THE LOFT COMMONS CONDOMINIUM ASSOCIATION, INC., Plaintiff-Respondent, … Submitted October 30, 2018 – Decided March 5, 2019 Before Judges Suter and Firko. On appeal from Superior Court … Summary judgment must be granted if, when viewed in a light most favorable to the non-moving party, "the pleadings, …
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… S. OLSHAN PC, MARSHALL DENNEHY WARNER COLEMAN GOGGIN, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … on the loan. As a result, plaintiff filed a foreclosure complaint in January 2016. Defendants' answers to the … We consider all of the evidence submitted "in the light most favorable to the non-moving party" and determine if the …
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… Defendants-Respondents. Argued October 31, 2018 – Decided Before Judges Currier and Mayer. On appeal from Superior Court … appeals from the dismissal of his initial and amended complaints for failing to state a cause of action. Plaintiff … the facts from the complaints and view them in the light most favorable to plaintiff. Printing Mart-Morristown v. …
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… Submitted October 18, 2018 – Decided Before Judges O'Connor and DeAlmeida. On appeal from Superior … ATTORNEY WAS DEFICIENT WHERE, WHEN VIEWED IN THE LIGHT MOST FAVORABLE TO DEFENDANT, HE OFFERED INCORRECT ADVICE … himself, a plan in which the trial court could not be complicit. State v. Taccetta, 200 N.J. 183, 195-96 (2009) …