njcourts.gov
… Submitted May 3, 2017 – Decided Before Judges Manahan and Lisa. On appeal from Superior Court … issue with the system. Defendant filed a motion to compel discovery on March 14, 2016. During the hearing, … depiction of what may have occurred inside the garage. At best, the video would have been of potential use to …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … N.J.S.A. 17B:27-44.2(d) (group health insurance companies); N.J.S.A. 17:48-8.4(d) (hospital service … is to ascertain the intent of the Legislature, and the best indication of the Legislature's intent is the statutory …
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njcourts.gov
… Submitted June 9, 2022 – Decided July 6, 2022 Before Judges Mawla and Mitterhoff. On appeal from the … appear as though his current living arrangement is in the best interest of his well[-]being." Defendant alleges Smith … 2020, a second judge granted Grande's request for an order compelling defendant to pay all outstanding CBA invoices and …
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njcourts.gov
… Argued January 18, 2022 – Decided January 26, 2022 Before Judges Fasciale and Firko. On appeal from the New Jersey Civil Service Commission, Docket No. 2015-2471. Zinovia H. Stone argued … testified that the immunoassay test used is "presumptive at best" and should generally require a confirmation test, …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … in court and in arbitration. Although defendants cannot compel arbitration because of their failure to pay the … v. Foulke Mgmt. Corp., 238 N.J. 191, 207 (2019); Kieffer v. Best Buy, 205 N.J. 213, 222 (2011). "Whether a contractual …
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njcourts.gov
… Argued July 27, 2021 – Decided September 1, 2021 Before Judges Rothstadt and Enright. On appeal from the … cogent and thoughtful opinion. We add the following comments. The parties were married in 1990 and have two … of child support, the guiding principle is the 'best interests of the children.'" Lepis, 83 N.J. at 157 …
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njcourts.gov
… of the zoning ordinances. Beginning in 2008, plaintiffs complained to the Township that Route 57 illegally used the … is deemed waived. N.J. Dep't of Envtl. Prot. v. Alloway Twp., 438 N.J. Super. 501, 505-06 n.2 (App. Div.), … non-conforming use is a question of fact the Board was best equipped to determine. Plaintiffs offer no evidence …
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njcourts.gov
… the Borough violated her right to free speech when she made complaints to the Borough about the alleged selective … in fact. She re-asserts the argument that the Borough targeted her for disparate treatment and the motion to dismiss … paper, an attorney or pro se party certifies that to the best of his or her knowledge, information, and belief, …
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njcourts.gov
… Submitted June 4, 2018 – Decided Before Judges Whipple and Rose. On appeal from Superior Court … 3, 2018 2 A-3411-16T3 order dismissing with prejudice their complaint against defendants Eric Casaburi, Donald Grasso, … to take same in its "as is" condition, except that to the best of its knowledge, [defendants] represent[] that the …
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njcourts.gov
… Submitted December 1, 2021 – Decided March 2, 2022 Before Judges Gilson, Gooden Brown, and Gummer. On appeal from … sell a home on Long Beach Island. The contract issues are complicated by a series of amendments to the original sales … v. Willoughby, 230 N.J. 172, 186 (2017) (quoting Kieffer v. Best Buy, 205 N.J. 213, 223 (2011)). As an initial matter, …
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njcourts.gov
… from an order dismissing its single-count, third-party complaint against the City of Newark (Newark) for failure to … further alleges that its address for mailing "is, and always has been," 811 16th Avenue, Belmar, New Jersey. … providing it," and that the property owners were "in the best position to address the concern of unpaid electric …
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njcourts.gov
… 3 Pedro Anaya was charged in the same indictment as committing the same offenses as defendant. 8 A-1572-19 The … what appeared to be drug transactions by others at the target locations." The motion judge concluded that defendant … Further, the judge noted that "the affidavit may have [at] best contained a misrepresentation or a misstatement," but …
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njcourts.gov
… arrearages," demonstrating that plaintiff failed to comply with the MSA and court orders dated May 20, 2013, … The court found a parent coordinator was in Nancy's best interest; it was not an arbitrary or capricious … not entitled to any special deference." Hitesman v. Bridgeway, Inc., 218 N.J. 8, 26 (2014) (quoting Manalapan Realty, …
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njcourts.gov
… Stallworth, 208 N.J. 182, 194 (2011) (quoting Henry v. Rahway State Prison, 81 N.J. 571, 579-80 (1980)). When … to ascertain the Legislature's intent and "generally, the best indicator of that intent is the statutory language." … 327 N.J. Super. 405, 412 (App. Div. 2000) (citing Senate Budget and Appropriations Comm. Statement to A. 1248 (May 15, …
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njcourts.gov
… listed assets that included a house, social security income, and a 401K account with Merrill Lynch. There were two … information. The ALJ concluded that D.P.S. was "the best source to obtain the documents." The ALJ noted that no … and Arbitrary Standard 1. DMAHS Was Granted Leeway For Untimely Processing Under The "Exceptional …
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njcourts.gov
… Wilson and Clara Amaya, for second- degree conspiracy to commit robbery, N.J.S.A. 2C:15-1(a)(2) and 2C:5-2 (count … that description "traveling in a northerly direction away from the robbery location." Guzman followed the vehicle … case in Rue, the brief submitted did little to show the "best available arguments" were made on defendant's behalf. …
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njcourts.gov
… v. BOROUGH OF ATLANTIC HIGHLANDS, Defendant-Respondent, and COMPASS CONSTRUCTION, INC., and BIRDSALL ENGINEERING, INC., … and prove its immunity under our Act." Wymbs v. Twp. of Wayne, 163 N.J. 523, 539 (2000) (quoting Kolitch v. … any credence, it is contradicted by Elliott and thus, at best, creates a factual dispute about whether the Borough …
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njcourts.gov
… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY LAW … suffered from breast cancer, and determined that the best course of treatment was to undergo a double mastectomy. … Complaint purports to disclaim ERISA’s applicability altogether. Therefore, because Plaintiff disclaims ERISA and …
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njcourts.gov
… Argued May 9, 2017 – Decided Before Judges Rothstadt and Mayer. On appeal from Superior … for the reasons stated by Judge Stuart A. Minkowitz in his comprehensive, twenty-three page statement of reasons … N.J.S.A. 40:55D-70(d), and the proposed site was the best choice to provide the needed coverage. Plaintiff's …
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njcourts.gov
… Defendant-Appellant. Submitted January 17, 2018 – Decided Before Judges Carroll and Mawla. On appeal from Superior Court … credentials, he noted a "very strong" odor of marijuana coming from the car. Wright told Belardo the car was … search does not depend on whether the [officer] used the best procedure, but rather on whether the officer's conduct …