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- njcourts.gov… Argued January 7, 2019 – Decided January 31, 2019 Before Judges Messano and Gooden Brown. On appeal from … Thompson (collectively defendants), and dismissing her complaint with prejudice.1 She also appeals from a November … 2017 order denying her motion for reconsideration. In her complaint, plaintiff, a then sixty- seven-year-old …
- njcourts.gov… Argued October 18, 2018 – Decided March 18, 2019 Before Judges Simonelli, O'Connor and DeAlmeida. On appeal … of a tree planted pursuant to the City of Linden Shade Tree Commission planting program, or (b) work performed by City … Venantius Sch., 111 N.J. 325, 335 (1988). In her amended complaint, plaintiff alleges Linden and the county are …
- njcourts.gov… 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 … new home design. Thereafter, plaintiff filed a second complaint in lieu of prerogative writs challenging the 2016 …
- DEBRA KACHMAR VS. DAVID KACHMAR (FM-18-0221-10, SOMERSET COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted April 8, 2019 – Decided April 29, 2019 Before Judges Messano and Fasciale.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 … marital home in this case, and applied the rule. Defendant points out that Rule 5:7-4 since has been amended to exclude …
- STATE OF NEW JERSEY VS. JOHN A. HART (09-12-4039, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted February 25, 2019 – Decided June 27, 2019 Before Judges Haas and Sumners. On appeal from the Superior … colloquy and sentencing, neither defendant nor the State commented on the expungement of any convictions. Defendant … judge, citing Rule 1:6-6, determined that defendant was not competent to testify as to what counsel may or may not have …
- njcourts.gov… TICO'S LAWN CARE, LLC, and PLANNED SECURITY NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … owner of a condominium in the Wanaque Reserve Condominium complex, appeals the summary judgment dismissal of her … which arose when she slipped and fell in 3 A-4397-17T1 a common area of the complex.1 She also appeals an interim …
- njcourts.gov… Submitted September 9, 2019 – Decided Before Judges Fasciale, Moynihan and Mitterhoff. On appeal … defendant maintains that plaintiff did not substantially comply with the notice requirements under the TCA and failed … 2 Although not determinative, plaintiff's counsel points out in his merits brief that defendant never provided …
- STATE OF NEW JERSEY VS. CHRISTOPH WITTER (17-01-0070, CUMBERLAND COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted September 9, 2019 – Decided Before Judges Fasciale and Moynihan. On appeal from the … BEEN SUPPRESSED BECAUSE THE APPARENT DRUG SALE BY WITTER'S COMPANION DID NOT GIVE THE POLICE PROBABLE CAUSE TO ARREST … warrant a prudent man in believing that the petitioner had committed or was committing an offense." [State v. Contursi, …
- njcourts.gov… Defendant-Respondent. Submitted October 8, 2019 - Decided Before Judges Yannotti and Currier. On appeal from the … Ghandi (Paru),1 a member of plaintiff, a limited liability company formed in April 2010, was married to Falgun Dharia,2 … Defendant has three members that share interests in the company: Dipalie Jariwalla (Jariwalla) possesses fifty …
- STATE OF NEW JERSEY VS. EARL AUSTIN (12-02-0309, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted October 8, 2019 – Decided October 28, 2019 Before Judges Currier and Firko. On appeal from the Superior … demanded A.A. "give him everything he had." A.A. refused to comply and entered his vehicle in an attempt to leave. … charges. From this record, defendant presents the following points of argument for our consideration. I. THE TRIAL COURT …
- njcourts.gov… Submitted September 25, 2019 – Decided Before Judges Gooden Brown and Mawla. On appeal from the … motion to vacate an order dismissing its legal malpractice complaint against its former attorney, defendant John D. … In September 2012, Kosylo filed a breach of contract complaint on plaintiff's behalf against plaintiff's …
- STATE OF NEW JERSEY VS. PETER PAPASAVVAS (96-06-0823, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted October 3, 2019 – Decided Before Judges Alvarez and DeAlmeida. On appeal from the … but sought to prove he lacked the mental state required to commit murder. Defendant presented an expert who opined that … denied tying a belt around the victim's mouth and neck. He points out a police report states residents a few miles from …
- njcourts.gov… Argued September 9, 2019 – Decided Before Judges Rothstadt and Mitterhoff. On appeal from the … intentional infliction of emotional distress, aiding the commission of a tort, and conspiracy, based on defendant's … pursuant to the retainer was a "Motion to Dismiss – Civil Complaint." Paragraph 5 of that retainer, specified that …
- STATE OF NEW JERSEY VS. XZAVIER D. HAYES (15-03-0309, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted October 24, 2019 – Decided Before Judges Alvarez and DeAlmeida. On appeal from the … In exchange for defendant's plea, the State agreed to recommend a five-year sentence with a three-year period of … request, arguing the statutory 4 A-5549-17T4 period to commence trial had lapsed.1 After the trial court found the …
- njcourts.gov… A-3732-18T1 JAMES TROUT, Plaintiff-Respondent, v. WINNER FORD, Defendant-Appellant. _____________________________ … appeals from a March 29, 2019 order denying its motion to compel arbitration of claims raised in plaintiff James Trout's complaint. We affirm. This matter was previously before us. …
- njcourts.gov… Argued July 9, 2019 – Decided November 15, 2019 Before Judges Nugent and Accurso. On appeal from the New Jersey Civil Service Commission, Docket No. 2018-1058. Charles J. Uliano argued … §§ 921-930, does not prohibit him from possessing a gun. He points 8 A-3957-17T1 out that 18 U.S.C. § 922(g)(9) …
- njcourts.gov… Submitted December 16, 2019 – Decided Before Judges Messano and Vernoia. On appeal from the Superior … Following the accident, plaintiff filed a single count complaint alleging that her injuries were caused by Nelson's … did not participate in the trial court proceedings, and the complaint was dismissed as to him. Defendants filed an …
- 1ST COLONIAL COMMUNITY BANK VS. TRACEY FARKAS (L-1613-16, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPELLATE DIVISION DOCKET NO. A-1910-18T1 1ST COLONIAL COMMUNITY BANK, Plaintiff-Respondent, v. TRACEY FARKAS, … Submitted December 19, 2019 – Decided Before Judges Nugent and Suter. On appeal from the Superior … attorney to argue the motion for plaintiff, who then argued points of law not raised to the trial court prior to the …
- njcourts.gov… Argued November 13, 2019 – Decided Before Judges Yannotti, Hoffman and Currier. On appeal from … through its employees, inspected her facility excessively, committed willful misconduct and fabricated violations … To the extent not addressed, plaintiff's remaining points lack sufficient merit to warrant discussion. R. …
- njcourts.gov… Argued March 16, 2020 – Decided April 6, 2020 Before Judges Sabatino and Sumners. On appeal from the Board … found to have posted on the Internet numerous disparaging comments about his employer, in violation of Judiciary … never "return" to his or her former employment. Such an outcome "would violate public policy, contravene the …