-
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 …
-
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 …
-
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY LAW … suffered from breast cancer, and determined that the best course of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 …
-
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 …
-
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 …
-
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … N.J.S.A. 17B:27-44.2(d) (group health insurance companies); N.J.S.A. 17:48-8.4(d) (hospital service … is to ascertain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 …
-
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 …
-
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 …
-
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, …
-
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, …
-
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 …
-
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. …
-
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, …
-
njcourts.gov
… to address the structural integrity of the entire roadway, not just the vicinity where the first collapse … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … subject to de novo review by an appellate court. Kieffer v. Best Buy, 205 N.J. 213, 222-23 (2011) (citing Jennings v. …
-
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 …
-
njcourts.gov
… an inmate confined at South Woods State Prison in Bridgeton,1 appeals from an October 3, 2017 final administrative … New Jersey Department of Corrections (DOC) finding that he committed prohibited acts *.708, "refusal to submit to a … the weapon belonged to him. Instead, appellant's claim, as best we can discern it, was that the weapon was planted by …
-
njcourts.gov
… were previously in a relationship and have two children together. They stopped living together in 2012. On May 17, … indicated that he was going to take the children anyway. She also received text message[s] on that date, as … circumstances of the plaintiff and defendant; (4) The best interests of the victim and any child; (5) In …
-
njcourts.gov
… Chrysler Dodge Ram; Cox Automotive, Inc.; Autotrader.com, Inc.; Dodge City, Inc., d/b/a City Auto Park; and … [c]ourt that any losses in this matter are hypothetical, at best. The [c]ourt finds that [p]laintiff’s third and fourth … 1 (App. Div. 2016); New Jersey Dep't of Envtl. Prot. v. Alloway Twp., 438 N.J. Super. 501, 505, n. 2 (App. Div. 2015) …
-
A-29-23 Supplemental Respondent Brief
Briefs
njcourts.gov
… ROBERTO, wife of Alesandro Roberto; KELLER DEPKEN FUEL OIL COMPANY, INC. a/k/a HOP ENERGY LLC; MIDLAND FUNDING LLC; … devises a better system, courts of equity must do their best to balance the equities, taking into account the … is entered. In practice, tax sale investors often target properties with substantial equity (usually unencumbered …
-
njcourts.gov
… with a forty-five-year period of parole ineligibility, encompassing consecutive terms for murder and armed robbery … they are separate and distinct. Indeed, when not "raised together with other grounds cognizable under" Rule 3:22-2, "a … United States, 570 U.S. 99 (2013)). Pipeline retroactivity "best balances principles of fairness and repose," while …