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- A-0624-18T1 Opinionnjcourts.gov… Is Even Heavier In New Jersey. B. The State Must Prove By Competent Evidence That A Defendant Had "The Requisite Level Of Comprehension" To Effectuate A Valid Waiver of His Miranda … A-0624-18T1 ii. Using inherently biased police interpreters compromises both the interrogation and the resulting …
- C-12-16 Opinionnjcourts.gov… 1 NOT TO BE PUBLISHED WITHOUT APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … HON. EDWARD A. JEREJIAN, P.J.Ch. This matter comes before the Court by way of notice of motion for … or failed to appreciate the significance of probative, competent evidence.” Dover-Chester Assocs. v. Randolph Twp., …
- L-3339-18 Opinionnjcourts.gov… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUSAN L. O'KEEFE, Plaintiff, v. EDMUND … motion required the court to look beyond the plaintiff's complaint, in particular, to examine the employment … arbitration clause applicable to plaintiff. Plaintiff points out that other clauses of the contract, such as the …
- GLO-L-1688-12 Opinionnjcourts.gov… 1 LC CONSTRUCTION COMPANY, INC., Plaintiff/Counterclaim Defendant, v. … motion for leave to amend its Counterclaim and Third-Party Complaint pursuant to Rule 4:9-1. The motion is strenuously … opposed by Plaintiff/Counter Defendant, LC Construction Company, Inc. (“LC Construction”) and Third-Party …
- A-3606-15T4 Opinionnjcourts.gov… Losada appeal from the Law Division's dismissal of their complaint on summary judgment entered in favor of defendant, … to -11. The motion judge agreed and dismissed plaintiffs' complaint. On appeal, plaintiffs contend that the judge … N.J. 189, 199 (2016) (citing Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995)). Whether an …
- A-4238-15T2 Opinionnjcourts.gov… any legal action against defendant as long as she was in compliance with the agreement. Although the agreement stated … did not allow loan modifications. Plaintiff filed its complaint for foreclosure in April 2014. Defendant contested … He also stated that defendant's account was in default commencing with the monthly payment due on July 1, 2012. The …
- A-2639-14T1 Opinionnjcourts.gov… was sentenced to parole supervision for life, ordered to comply with Megan's Law1 and to a five-year term of parole … [to], or how their testimony would have affected the outcome." Defendant's PCR petition did not provide evidence … 6). Officers reported to the scene of the accident, which commenced an 2 We rely on our earlier opinion and relate …
- A-0507-15T1 Opinionnjcourts.gov… proceedings on May 29, 2009, by filing a foreclosure complaint, and default judgment was entered on October 26, … a trial judge's application or denial of equitable remedies should not be disturbed "unless it can be shown that … the court's broad discretion to employ equitable remedies, this power should be "sparingly exercised" and "a sale …
- A-0879-14T1 Opinionnjcourts.gov… L. JENNINGS, Defendant, and ALLSTATE NEW JERSEY INSURANCE COMPANY, Defendant-Respondent. … Lomurro argued the cause for appellants (Lomurro, Munson, Comer, Brown & Schottland, LLC, attorneys; Mr. Lomurro, of … Id. at 97-98. Because they present mirror images of remedies designed to cure the same ill – a damages verdict that …
- A-0506-15T4 Opinionnjcourts.gov… possession of his signed written consent form to search his computer and camera that did not check the box waiving his … of him "a consent form to search his house for . . . a computer and a camera." Defendant asserted that he signed … waiving his right to be present during the search of the computer and camera, and that police assured him that he …
- A-2357-15T1 Opinionnjcourts.gov… INC., MARIE SCHLATTER AGENCY, INC., and FARMERS INSURANCE COMPANY OF FLEMINGTON, Defendants. … we affirm. Because the court dismissed plaintiff's complaint as a matter of law, we will review the matter de … a mixed- use building consisting of four apartments and one commercial 3 A-2357-15T1 unit, owned by defendant Thomas …
- A-1822-15T2 Opinionnjcourts.gov… he was handcuffed in the kitchen until the search was completed. He denied hearing the officers knock or announce … possession of a firearm in 5 A-1822-15T2 the course of committing a CDS offense, N.J.S.A. 2C:39-4.1(a) (count … neutral magistrate who issued it. Officers are expected to comply with the terms of a warrant. But in this case, the …
- A-2571-15T3/A-3238-15T3 Opinionnjcourts.gov… a ShopRite store in Hanover Township, to prevent local competition.1 We need not 1 The appeals were calendared … Esposito appeals from a March 8, 2016 order, dismissing her complaint seeking declaratory and injunctive relief against … Township Planning Board (Board) and Hanover. Central to her complaint was her claim that the Board conditioned its …
- A-2011-15T1 Opinionnjcourts.gov… failed to appear for sentencing the previous week. It then commenced an investigation, which initially consisted of … defendant and to assure that the onus placed on commercial sureties is not so great as to risk the 6 … the fugitive defendant. . . . 2. Whether the applicant is a commercial bondsman. 3. The degree of surety's supervision …
- A-1482-15T3 Opinionnjcourts.gov… denying the PCR petition. Judge Isabella also issued a comprehensive written opinion. Defendant's convictions arose … 4 A-1482-15T3 Sophie's face was blotched and she was complaining of an injured thumb. The friends then left. … manner of death was homicide. She formed that opinion after comparing autopsy photographs of the victim with the results …
- A-2096-15T4 Opinionnjcourts.gov… barring All Saints from transporting goods until it complied with the federal motor carrier laws. Port 3 … its relationship. On December 17, 2015, the judge issued a comprehensive oral opinion granting judgment in favor of … of the dissolution. As stated, other than the fact that the company was dissolved, and the relatively small sums sent to …
- A-0563-15T2 Opinionnjcourts.gov… that created a substantial height differential. After the completion of discovery, defendant moved for summary … judgment in defendant's favor, concluding plaintiffs' complaint alleged a design defect that plaintiff was … a motion for reconsideration arguing the court read the complaint too narrowly to allege only a design defect claim. …
- A-0911-16T3 Opinionnjcourts.gov… under review and the current appeal. Defendant failed to comply with the JOD, and was jailed multiple times for … On May 13, 2015, the Family Part held an ability to comply hearing and found no basis to reduce defendant's … and just result." Manning Eng'g, Inc. v. Hudson Cty. Park Comm'n, 74 N.J. 113, 122 (1977). However, "because of the …
- A-3541-15T1 Opinionnjcourts.gov… CANCGLIN, Appellant, v. SCHOOL EMPLOYEES' HEALTH BENEFITS COMMISSION, Respondent. … of Pensions and Benefits, School Employees' Health Benefits Commission, PERS No. 1006923. Ashley E. Malandre argued the … a qualified retiree, is eligible to receive benefits. She points out this statute does not condition eligibility for …
- A-4926-15T3 Opinionnjcourts.gov… N.J.S.A. 39:3-40. In exchange, the State agreed to recommend a two-year probationary term on the fourth-degree … in pertinent part: "If the crime was . . . (3) deliberately committed with violence or threat of violence against … been considered," and finding defendant had presented no compelling reasons justifying admission into the PTI program …