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… summary judgment and dismissing his personal injury complaint. We affirm. Waitikowich was the general contractor … owe a duty of care to plaintiff. The court relied on Alloway v. Bradlees, Inc., 157 N.J. 221 (1999), and explained it … to duties." Dunphy v. Gregor, 136 N.J. 99, 108 (1994). "Ultimately, [determining] whether a duty exists is a matter …
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… Submitted January 10, 2018 – Decided Before Judges Fuentes and Suter. On appeal from Superior Court … police officer within 500 feet of a public housing complex, N.J.S.A. 2C:35-7.1.1 On October 25, 2013, defendant … A-2623-15T1 basis to disturb the trial judge's findings and ultimate decision to uphold the prosecutor's rejection of …
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… we reverse and remand to the Board for a second time to comply with its obligations under N.J.S.A. 40:55D-10(g). … and planner. The traffic expert presented a Federal Highway Administration study concluding digital billboards were … The Board must explain how its factual findings support the ultimate legal conclusions. Loscalzo v. Pini, 228 N.J. …
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… Submitted September 12, 2018 – Decided Before Judges Messano and Rose. On appeal from Superior Court … Melendez's description of the shooter varied in height and complexion in the accounts she gave to law enforcement, and … it was his decision whether or not he should testify. Ultimately, when asked by the judge whether he wished to …
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… Submitted August 1, 2018 – Decided Before Judges Hoffman and Currier. On appeal from Superior … His trial ended in a mistrial, and the court ultimately dismissed the indictment pursuant to a later plea … sufficient to relax the time limits." Id. at 580. "Absent compelling, extenuating circumstances, the burden of …
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… DIVISION DOCKET NO. A-2097-16T5 IN THE MATTER OF THE CIVIL COMMITMENT OF M.W., SVP-748-16. ________________________ Submitted May 15, 2018 – Decided Before Judges Fasciale and Sumners. On appeal from Superior … to accept all or any part of [an] expert opinion[].' The ultimate determination is 'a legal one, not a medical one, …
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… Chancery Division's denial of their motion to dismiss the complaint filed by plaintiffs Inter-Nation Capital … Metro and Media Global to obtain other financing, Metro ultimately defaulted on that agreement as well, resulting in … foray" into New Jersey, as that term was defined in Bayway Refining Co. v. State Utilities, Inc., 333 N.J. Super. …
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… Submitted May 8, 2018 – Decided July 6, 2018 Before Judges Fisher and Moynihan. On appeal from Superior … N.J. Super. 409, 423 (App. Div. 1989)). "[A] defendant's complete understanding of his right to testify can be … by defendant knowing the judge would likely decide — as he ultimately did — to admit his unsanitized prior convictions …
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… judgment entered after trial and dismissing plaintiff's complaint NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … the Seller also agreed that the items would be shipped together after all payments were made. Those arrangements were … for appeal. Although he initially objected at trial, he ultimately stated that he would leave the decision to the …
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… of an apartment building located approximately one block away from a public school. Stapleton observed defendant … that his counsel acted outside the range of professional competence." Defendant appeals, arguing: POINT I: MR. MOODY … a reasonable likelihood that his or her claim . . . will ultimately succeed on the merits." R. 3:22-10(b). However, …
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… We affirm. I. The Chancery judge authored a cogent and comprehensive fifty- eight-page opinion setting forth her … have been awarded, and generally, the opportunity to revisit every issue that has been litigated since his uncle's … of years of litigation and exacting work. Her reaction was ultimately of no consequence. He did not interrupt again; he …
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… decision of a hearing officer who found Ford guilty of committing the following disciplinary infractions: (1) *001, … Epps, and banged Epps's head against the wall and floor, ultimately causing his death. The Hunterdon County … substantial credible evidence in the record[.]" Henry v. Rahway State Prison, 81 N.J. 571, 579–80 (1980). In determining …
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… Submitted November 15, 2017 – Decided Before Judges Nugent and Currier. On appeal from Superior … child support obligation as of the emancipation date and to compel defendant to pay the share of the child's college … the motion. We are not suggesting how this issue should ultimately be decided. We offer these observations solely …
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… Submitted January 31, 2018 — Decided Before Judges Koblitz and Manahan. On appeal from the Division … submitting certain financial documentation evidencing his income and financial resources. P.D. failed to submit his … date was September 25, 2015 and P.D.'s application was ultimately denied on November 5, 2015. 7 A-2605-16T3 and …
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… Emmanuel Pierrevil and Jameel Rollins were tried together and convicted by a jury of second-degree conspiracy … N.J. 469, 479 (2017) (quoting Do-Wop Corp. v. City of Rahway, 168 N.J. 191, 199 (2001)) ("It is a long-standing … and not from opinions . . . or reasons given for the ultimate conclusion.'"). A-4726-15 Rollins asserted a number …
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… B. Middleton, Esq. Valley Park Professional Center 2517 Highway 35, Building K, Suite 101 Manasquan, New Jersey 08736 … answers to interrogatories and admissions on file, together with the affidavits, if any, show there is no genuine … its own judgment as to the correct assessment value anew. Ultimately, under the “de novo review, 7 the Tax Court may …
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… "a substantial likelihood exist[ed] that [Kennedy] would commit a new crime if 1 See N.J.A.C. 10A:71-3.21(d) … a suitable candidate to be released to 6 A-1086-15T4 a halfway house. The 120-month FET was appropriate because of his … the statute in effect at the time, "[t]he Parole Board's ultimate determination of parole fitness must be based on …
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… Submitted November 15, 2017 – Decided Before Judges Nugent and Geiger. On appeal from Superior Court … engaged a private process server who served the summons and complaint on an individual at defendant's residence who … defendant argues the trial court abused its discretion by ultimately denying his motion to vacate the default judgment …
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… Defendant-Appellant. Argued October 18, 2017 – Decided Before Judges Alvarez and Nugent. On appeal from Superior … N.J.S.A. 2C:24-4(a). Each count alleged conduct committed against a different child. The conduct occurred … nor change the ingredients of the offen[s]e or the ultimate facts necessary to establish guilt.'" Perez, supra, …
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… to retrieve the keys, defendant forcibly pushed him away. As police attempted to arrest him, he kicked an … as he was escorted out of the house. Defendant was ultimately indicted and charged with two counts of third-degree aggravated assault by committing simple assault on law enforcement officers, …