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- njcourts.gov… agreement (the "Agreement") with Hillman. The Agreement converted plaintiffs' general partnership interests into … entity, as the Partnership's manager. Between 1993 and 2007, Southern mailed monthly statements of accounts to the … 773, 783 (7th Cir. 2003); see also Patin v. Thoroughbred Power Boats Inc., 294 F.3d 640, 654 (5th Cir. 2002) …
- njcourts.gov… Project "would severely undermine OSC's investigative powers and prerogatives to force it to open its … on Affordable Hous., 390 N.J. Super. 166, 181-82 (App. Div. 2007). OPRA does not require a custodian to "conduct … 578 (quoting Mason, 196 N.J. at 67-68)). It is only at that point of the analysis that courts will apply six factors in …
- ALCATEL-LUCENT USA INC. VS. TOWNSHIP OF BERKELEY HEIGHTS (TAX COURT OF NEW JERSEY) - Published Opinionsnjcourts.gov… presiding in the Tax Court have special expertise," Glenpointe Assocs. v. Twp. of Teaneck, 241 N.J. Super. 37, 46 … Twp. of Holmdel v. N.J. Highway Auth., 190 N.J. 74, 86 (2007). Our goal in interpreting Chapter 91 and the Act, … meaning is expressly indicated. '" Ibid. (quoting N.J. Power & Light Co. v. Twp. of Denville, 80 N.J. Super. 435, …
- njcourts.gov… In an April 27, 2001 letter, the DEP issued a thirteen-point list of "instances whereby plaintiff failed to take … v. Leggett & Platt, Inc., No. A-1307-06 (App. Div. Oct. 11, 2007). A-1218-10T1 12 Plaintiff requested reconsideration, … is: deference is appropriate only if "to deny the agency's power to resolve the issues in question" would be …
- B.B. VS. D.R., III (FV-15-1111-23, OCEAN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) - Unpublished Opinionsnjcourts.gov… (Elliot Steven Solop, of counsel and on the brief; Lauren Conway, on the brief). Respondent has not filed a brief. The … credibility.'" MacKinnon v. MacKinnon, 191 N.J. 240, 254 (2007) (quoting Cesare v. Cesare, 154 N.J. 394, 412 (1998)). … finding as an improper amendment. A trial court's "broad power of amendment should be liberally exercised at any …
- njcourts.gov… is a charitable organization that provides animal rescue, control, adoption, and sheltering services. This matter … maintained their account relationship uneventfully until 2007, when plaintiff first realized it was being … governs this matter, grants arbitrators extremely broad powers, N.J.S.A. …
- njcourts.gov… In support of her jurisdictional arguments, defendant points to the fact that on September 6, 2022, the parties … Griffith v. Tressel, 394 N.J. Super. 128, 138 (App. Div. 2007). The UCCJEA was enacted "'to avoid jurisdictional … New Jersey for this State to "to exercise [their] coercive power over [her] to perform an affirmative act." Likewise, …
- JIM KWON VS. MDTV REALTY LLC, ET AL. (C-000003-14, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Ins. Corp. v. Nowell Amoroso, P.A., 189 N.J. 436, 445-46 (2007)). "A dispute of material fact is 'genuine only if, … standard mandates that the opposing party do more than 'point[] to any fact in dispute' in order to defeat summary … but the promise or order may contain an undertaking or power to give, maintain, or protect collateral to secure …
- njcourts.gov… the two-way radio would cease to function at some unknown point in the future, Tyco presented Elite Diamond with a … in retrospect state that they had an unequal bargaining power. See Abel Holding Co., Inc. v. Am. Dist. Tel. Co., 13 … Sen’., Inc., 394 N.J. Super. 577, 928 A.2d 37 (App. Div. 2007); Tessler and Son, Inc. v. Sonitrol Sec. Sys., 203 N.J. …
- STATE OF NEW JERSEY VS. JAYSON T. EVANS (21-09-1139, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… true. In criminal cases, the [S]tate's proof must be more powerful than that. It must be beyond a reasonable doubt. A … On appeal, defendant raises the following arguments: POINT I THE PROSECUTOR'S IMPROPER COMMENTS IN SUMMATION … of a fair trial." State v. Wakefield, 190 N.J. 397, 437 (2007) (quoting State v. Papasavvas, 163 N.J. 565, 625 …
- njcourts.gov… motion for reconsideration. Plaintiff argues the following point for our consideration: POINT I THE COURT ERRED IN … Auth. v. Artaki, LLC, 392 N.J. Super. 141, 149 (App. Div. 2007)). Motions for reconsideration from final orders are … Ltd., 219 N.J. 395, 406 (2014) (citing Jersey Cent. Power & Light Co. v. Melcar Util. Co., 212 N.J. 576, 594 …
- njcourts.gov… producer licenses. I. Factual background. During 2006, 2007, and 2008, Horizon provided health insurance to the … claims were barred by the statute of limitations. Pointing to N.J.S.A. 2A:14-1.2, which sets a ten-year … Training Ctr., 127 N.J. 500, 513 (1992)). Courts "ha[ve] no power to act independently as an administrative tribunal or …
- njcourts.gov… Project (the Project) in Jersey City, the DOT exercised its power of eminent domain and acquired a bridge easement and … new trial. This appeal followed. Appellant raises a single point for our consideration: POINT I THE TRIAL COURT ERRED … abuse of discretion. Brenman v. Demello, 191 N.J. 18, 31 (2007) (citing Green, 160 N.J. at 492). An abuse of …
- njcourts.gov… of rent, not just for a six-month holdover term. At some point after our decision, the Church's counsel also learned … available . . . where the parties have unequal bargaining power." Pacifico v. Pacifico, 190 N.J. 258, 268 (2007). And we are not convinced that the Church, which was …
- njcourts.gov… all issues as to all parties. R. 2:2-3(a)(1); Janicky v. Point Bay Fuel, Inc., 396 N.J. Super. 545, 549-50 (App. Div. 2007). In addition to granting summary judgment, the … of an interlocutory order. A trial court "has the inherent power, to be exercised in its sound discretion, to review, …
- njcourts.gov… no fewer than eighteen times. Montes became CKR's primary point of contact with plaintiff. Meanwhile, CKR began … the agreement. Pacifico v. Pacifico, 190 N.J. 258, 266 (2007). The court's role is to consider the agreement's terms … consideration, and the parties are of unequal bargaining power, a court may construe such ambiguity against the …
- njcourts.gov… Prudential Insurance Co. of America, 192 N.J. 110, 122-24 (2007), and "endorse[d] for purposes of determining whether … auto cab regulations, other aspects of the relationship point unequivocally to a significant level of control by … work" test , finding "Classic possessed and exercised the power to control Santos in his performance of his 16 …
- njcourts.gov… a nanny for two children, ages one and three. On August 10, 2007, she dosed the children with Benadryl, an antihistamine … process is over.' Where the plain meaning does not point the court to a 'clear and unambiguous result,' it then … of the statute and cognate enactments by agencies empowered to enforce them are given substantial deference in …
- JOHN P. MCGOVERN VS. CITY OF ORANGE, ET AL. (L-1596-14, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… administration had taken office, and the new Mayor had the power and authority to hire and fire the City's attorneys. … believed was a violation of the City's ordinance. The judge pointed out that he had ordered defendants to provide a … Iliadis v. Wal-Mart Stores, Inc., 191 N.J. 88, 123 (2007)). Rule 4:50-1 provides that the court may relieve a …
- njcourts.gov… Unit 6-1C Associates, LLC (Kevin J. Bloom, on the briefs). Powers Kirn, LLC, attorney for respondent (Jeanette J. … APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … appeal followed. On appeal, appellant raises the following points for our consideration: POINT I APPELLANT'S MOTION WAS …