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- A-3716-20 Opinionnjcourts.gov… the July 9, 2021 Law Division order dismissing his verified complaint and denying his order to show cause in which he … incident led to criminal charges being filed against her. Ultimately, the municipal court dismissed the charges on the … abandoned on appeal. See N.J. Dep't of Envtl. Prot. v. Alloway Tp., 438 N.J. Super. 501, 505 n.2 (App. Div. 2015) ("An …
- A-1860-15T4 Opinionnjcourts.gov… the mortgage on June 1, 2008. Plaintiff filed a foreclosure complaint against Peryea on September 19, 2008, and obtained … had a mortgage[,"] rather than having deeded the house away. The [Nisevics] allege that after payments were made to … failed to show up to court on numerous occasions. The court ultimate[ly] issued an order for ejectment in favor of …
- A-2838-18T1 Opinionnjcourts.gov… Submitted September 21, 2020 – Decided Before Judges Currier and DeAlmeida. On appeal from the … he could easily identify the robber because he had come to the gas station to try to sell him a bicycle three … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Id. at 355 (quoting R. …
- A-4335-18T1 Opinionnjcourts.gov… Submitted September 14, 2020 – Decided Before Judges Rothstadt and Susswein. On appeal from the New … final agency decision. I. This case arises from a robbery committed in August 1988. The victim resisted when Anderson … Those decisions, moreover, are inherently subjective, and ultimately must be made by those with experience and …
- A-3923-17T2 Opinionnjcourts.gov… Submitted April 9, 2019 – Decided August 28, 2019 Before Judges Rothstadt and Gilson. On appeal from the … was pursued by a crowd of people, including defendant, who ultimately beat him until he fell to the ground. At that … the victim's head, which caused injuries that left him in a coma for five months before he died. Id. (slip op. at 4-5). …
- A-4310-18T3 Opinionnjcourts.gov… Submitted March 4, 2020 – Decided June 3, 2020 Before Judges Whipple, Gooden Brown and Mawla. On appeal from the New Jersey Public Employment Relations Commission, P.E.R.C. No. 2019-40. Scarinci & Hollenbeck LLC, … when the City unilaterally adopted the ordinance, ultimately eliminating terminal leave for PBA unit members …
- A-0077-16T4 Opinionnjcourts.gov… appear within a client's brokerage account as a "held away" position. [A.R.] liquidated his Allstate annuity … said it would not provide verification of the account but ultimately it did. She needed the verification because the … financial verification. Although A.R., through SPS, had communicated with PNC about the investment account, the ALJ …
- A-2263-17T2 Opinionnjcourts.gov… Argued May 31, 2018 – Decided July 12, 2018 Before Judges Alvarez and Geiger. On appeal from Superior … statements but no transcripts. Trial was initially set to commence on November 28, 2017, but was adjourned to January … Div. 1999) ("[I]t is axiomatic that '[b]efore invoking the ultimate sanction of barring a witness, the court should …
- A-2978-18T1 Opinionnjcourts.gov… telephonically March 25, 20201 – Decided April 13, 2020 Before Judges Fuentes, Mayer and Enright. On appeal from the … an arbitration award and March 1 and March 8, 2019 orders compelling re-arbitration. We reverse the orders compelling … should be applied for incomplete work. 7 The arbitrator's ultimate award reflects his determination that $5,070,517.03 …
- A-2065-18T2 Opinionnjcourts.gov… Submitted March 9, 2020 – Decided March 20, 2020 Before Judges Sabatino and Geiger. On appeal from the Superior … distribute it (count twelve) in exchange for a sentencing recommendation of a five-year prison term subject to a … facts in the light most favorable to the defendant, will ultimately succeed on the merits." Ibid. Judge Caulfield …
- A-4437-17T1 Opinionnjcourts.gov… Submitted December 18, 2019 – Decided Before Judges Whipple, Gooden Brown and Mawla. On appeal from … during the marriage in 1999. He reported a minimal income from the business, which did not correspond with the … Plaintiff filed a motion to enforce litigant's rights and ultimately a third realtor was retained. Following three …
- A-5598-17T3 Opinionnjcourts.gov… were dismissed. Appellant was initially eligible for recommendation for placement into "minimum" custody status … be "arbitrary, capricious or unreasonable[.]" Henry v. Rahway State Prison, 81 N.J. 571, 579-80 (1980). In determining … prove or otherwise chose not to prosecute—charges that were ultimately dismissed. In doing so, it seemingly disregarded …
- A-5363-17T1 Opinionnjcourts.gov… 3 A-5363-17T1 next depicted the driver and Nieves running away from the rear of the gas station. The driver got into … individual in the car in a white shirt with a design commemorating a deceased individual. Nieves followed the … variables." Henderson, 208 N.J. at 289. However, "the ultimate 11 A-5363-17T1 burden remains on the defendant to …
- A-4126-19 Opinionnjcourts.gov… City's decision to repair potholes within limits of its budgetary allocation for street maintenance was not palpably … or constructive notice of a dangerous condition of the roadway's shoulder and, alternatively," (2) "that the County did … cyclist lost control of her bicycle.2 Ibid. The Court ultimately held that "[e]ven when viewed in the light most …
- A-0775-20 Opinionnjcourts.gov… answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … litigation, and result in savings to insurance carriers and ultimately the public' by reduced premiums."). With passage … relevant to the number of motor vehicles on the roadways and accident rates in a specific locality. A closer …
- A-3211-19 Opinionnjcourts.gov… opened in June 2019. The park does not front a public roadway, so access easements between public parking on the 3 … accordingly to $7,500 pursuant to an updated appraisal completed in September 2019. On November 11, 2019, plaintiff … 272. The Court remanded for a plenary hearing, holding: the ultimate burden of proving arbitrariness in the choice of …
- A-2754-19 Opinionnjcourts.gov… Argued October 4, 2021 – Decided October 29, 2021 Before Judges Messano and Rose. On appeal from the Board of … testified on his own behalf, and the parties presented competing expert testimony on Ortiz's PTSD claim. The ALJ … of both experts as credible and competent, but the ALJ ultimately determined the Board's expert was more believable …
- A-4486-18T1 Opinionnjcourts.gov… STATE OF NEW JERSEY, Plaintiff-Respondent, v. VALTER SFORCA, Defendant-Appellant. __________________________ … to counts one, four, six, and seven. The plea agreement recommended a ten-year term, subject to an eighty- 3 … the reasonable likelihood that his . . . claim will ultimately succeed on the merits." State v. Marshall, 148 …
- A-2858-18T4 Opinionnjcourts.gov… Submitted December 1, 2020 – Decided Before Judges Gilson and Gummer. On appeal from the Superior … January 15, 2021 2 A-2858-18T4 that (1) dismissed its complaint for ejectment with prejudice; and (2) denied its … nearly thirty years after his tenancy began. The court ultimately determined no 7 A-2858-18T4 evidence supported …
- A-1256-19 Opinionnjcourts.gov… Defendants-Respondents. ______________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … than originally stated, and it was agreed MGC would commit to operating the RSC property for three years, as … and the Township could discuss acquiring the property. Ultimately, the Township, without Essex County's …