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- A-6-24 Amicus Curiae NJ State Policemen's Benevolent Association Briefsnjcourts.gov… is that because this case is on the public radar it has become an issue of general public importance. However, merely … distance away from New Brunswick. This goal may be accomplished without running afoul of Daniel's Law. The … May while serving as the City's Director of Police and a Commissioner of the City's Parking Authority." (PCa 15). …
- njcourts.gov… rendered on May 25, and July 22, 2022. We add the following comments. Under the terms of the parties' June 11, 2010 … 31, 2015, the trial court denied plaintiff's motion to compel defendant to sell the home, but scheduled a plenary … to continue to incur unlimited debt on the house and to completely eliminate the parties' equity in 4 A-0006-22 the …
- njcourts.gov… is responsible for all repairs and cleaning as may [be] recommended by the listing agent for the proper marketing of … If either party must file an application with the court to compel performance in accordance with this provision, … violation of litigant's rights and ordering correlating remedies. Nor did the judge abuse her discretion by issuing the …
- njcourts.gov… plaintiff developed an interest in renting defendant's commercial property in Elizabeth to open a restaurant … of Elizabeth for its approval until July 2012, after he had commenced demolition of an addition to the building, with … expiration of the lease in February 2017, defendant filed a complaint to remove plaintiff from the property. A year …
- A-3999-21 – STATE OF NEW JERSEY VS. LUIS RODRIGUEZ (20-11-0242, PASSAIC COUNTY AND STATEWIDE) Opinionnjcourts.gov… the State explains "it took the time to review and compile the various accounts of the investigation by … record searches and investigation, in order to present a complete account of the investigation to the judge." To the …
- njcourts.gov… April 14, 2023 order granting the joint motion to compel arbitration filed by plaintiff/third-party defendants … the loan. On October 19, 2022, Spring Oaks SPV, LLC filed a complaint against Banton in the Law Division, Special Civil … against Spring Oaks Capital SPV, LLC and a third-party complaint against Spring Oaks Capital, LLC and the Pagaya …
- A-1278-22 – JOAN VANUCCI VS. DR. SAMUEL D. SCHENKER, M.D. (L-1401-21, OCEAN COUNTY AND STATEWIDE) Opinionnjcourts.gov… from the trial court's March 21, 2022 order dismissing her complaint with prejudice for failing to provide an affidavit … and other normal activities of life." Plaintiff filed a complaint in May 2021. Defendant filed an answer in October … 2022. On February 28, 2022, defendant moved to dismiss the complaint, arguing plaintiff failed to supply a "compliant" …
- A-1786-22 – STATE OF NEW JERSEY VS. HEMAL DHEBARIYA (15-2022, MIDDLESEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… denied defendant's petition for reasons stated in an accompanying written opinion. The judge found that the motion … from established facts." Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Thus, "[t]he … is not constitutionally required unless the defendant accompanies the plea with a claim of innocence."). IV. We find …
- njcourts.gov… A probation officer reviewed defendant's application and recommended enrollment. The Middlesex County Prosecutor's … their reasons for denial in writing. Defendant moved to compel her admission into PTI before the trial court. After … New Jersey DWI conviction guilty plea was referred to the Commonwealth of Pennsylvania for administrative disposition …
- njcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS January 27, 2023 Via Email and Regular … Deputy Attorney General Division of Law R.J. Hughes Justice Complex 25 Market Street Trenton, New Jersey 08625 Re: Donna … to defendant’s summary judgment motion, plaintiff points out that the exhibits to the Hepp certification, …
- njcourts.gov… Johnson's motion for summary judgment and dismissing her complaint with prejudice. We affirm. I. Defendant owns a … severe and permanent injuries." Defendant answered the complaint in December 2020. On defendant's motion to extend … 2022. Under that order, the parties' depositions were to be completed by November 30, 3 A-2309-21 2021. On January 21, …
- A-3221-20 - STATE OF NEW JERSEY VS. ANTIONETTE P. STEPHEN (12-06-0665, MORRIS COUNTY AND STATEWIDE) Opinionnjcourts.gov… agreement, defendant pled guilty to murder, conspiracy to commit murder, unlawful possession of a weapon, and … to fight deportation and remain in the United States after completing her sentence. The State argued that when she pled … of a legal permanent resident as an 'aggravated felon' a complete bar to relief from deportation." Nunez-Valdez, 200 …
- A-0749-21 – M&T BANK, ETC. VS. H. SCOTT GURVEY, ET AL. (F-014035-18, ESSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… and Montclair Township, which led to the Gurveys filing a complaint against the Township in tax court challenging the … 6 A-0749-21 On appeal, the Gurveys raise the following points for our consideration: I. CHANCERY ERRED IN FINDING … and without waiver of any of [its] rights and/or remedies." Id. at 99, 101 (alteration in original). Thus, we …
- A-3064-20 - STATE OF NEW JERSEY VS. MANSFIELD CREIGHTON (93-09-3218, ESSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… a prima facie case of IAC, a defendant must present legally competent evidence rather than mere "bald assertions." … 126 N.J. at 587 (internal quotations omitted)). "Absent compelling, extenuating circumstances, the burden to justify … fell short of the prevailing norms of the legal community. Padilla v. Kentucky, 559 U.S. 356, 366-67 (2010). …
- A-3064-20 - STATE OF NEW JERSEY VS. MANSFIELD CREIGHTON (93-09-3218, ESSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… a prima facie case of IAC, a defendant must present legally competent evidence rather than mere "bald assertions." … 126 N.J. at 587 (internal quotations omitted)). "Absent compelling, extenuating circumstances, the burden to justify … fell short of the prevailing norms of the legal community. Padilla v. Kentucky, 559 U.S. 356, 366-67 (2010). …
- A-3064-20 - STATE OF NEW JERSEY VS. MANSFIELD CREIGHTON (93-09-3218, ESSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… a prima facie case of IAC, a defendant must present legally competent evidence rather than mere "bald assertions." … 126 N.J. at 587 (internal quotations omitted)). "Absent compelling, extenuating circumstances, the burden to justify … fell short of the prevailing norms of the legal community. Padilla v. Kentucky, 559 U.S. 356, 366-67 (2010). …
- njcourts.gov… by a jury drawn from a representative cross-section of the community." State v. Gilmore, 103 N.J. 508, 524 (1986). … by a jury drawn from a representative cross-section of the community' but also helps achieve impartiality." State v. … without defendant being 8 A-0105-20 present "represented a complete breakdown of the adversarial process." Byrd, 198 …
- A-1664-22 – PETER LOPRESTI VS. TOWNSHIP OF OLD BRIDGE (L-3227-22, MIDDLESEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… number of plaintiff's "sexist, harassing and discriminatory comments." Lt. Robert Schlueter recorded the conversation. … rule does not apply to civil actions." In re Civil Commitment of J.M.B., 395 N.J. Super. 69, 82, 95 (App. Div. … a civil proceeding, plaintiff's asserted violations do not compel exclusion of the Schlueter recording. Moreover, in an …
- A-3086-21 – STATE OF NEW JERSEY VS. OLIVER JACKSON (16-09-1195, HUDSON COUNTY AND STATEWIDE) Opinionnjcourts.gov… exchange for defendant's guilty plea, the State agreed to recommend an aggregate sentence of fifteen years subject to … CHARGES, TO LEARN OF DEFENDANT'S STATE OF MIND DURING THE COMMISSION OF THE OFFENSES, AND THE FAILURE TO ARGUE FOR A … N.J. 391, 419 (2004) (citing Manalapan Realty, L.P. v. Twp. Comm. of Twp. of Manalapan, 140 N.J. 8 A-3086-21 366, 378 …
- A-0379-22 – STATE OF NEW JERSEY VS. WILVER A. DIAZ-GARCIA (21-05-0393, HUDSON COUNTY AND STATEWIDE) Opinionnjcourts.gov… provided the police with grounds to search the passenger compartment of the car. State v. Cohen, 254 N.J. 308 (2023). … the car interior. Nothing was found inside the passenger compartment. As one of the officers escorted defendant out … the occupants of the Honda and searching the passenger compartment for illegal drugs. The Court recently upheld …