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- A-3149-16T3 Opinionnjcourts.gov… R. 1:36-3. 2 A-3149-16T3 Plaintiff SDK Troy Towers, LLC, commenced this chancery action, seeking specific performance and alleging its written and oral communications with defendant Troy Towers, Inc. – for the … with plaintiff's straightforward response that it had sufficient funds to consummate the deal. The next day, …
- A-5439-15T1 Opinionnjcourts.gov… Frank Tetto appeals an August 5, 2016 order dismissing his complaint for failure to comply with the Affidavit of Merit … and expert testimony to make out his claim. V. Plaintiff points out he "is not suing any individual doctors, only the … 2A:53A-38 (emphasis added).] "One of those reforms is embodied in the enhanced standards contained in Section 41 …
- A-1315-15T2 Opinionnjcourts.gov… nine, seven, and four. In March 2013, plaintiff filed a complaint for divorce, seeking dissolution of the marriage, … of the prenuptial agreement and other relief. Trial commenced in February 2015, and spanned ten non- consecutive … of the prenuptial agreement, we find the record sufficient for us to exercise original jurisdiction and …
- A-1091-15T4 Opinionnjcourts.gov… by defendant Diana London. Plaintiff claims the building is commercial in nature, which would impose on defendant an … discovery, plaintiff's counsel inspected the Building, accompanied by Ceasar Landivar, who took photographs. They … in the light most favorable to the non-moving party, are sufficient to permit a rational factfinder to resolve the …
- A-0654-16T1 Opinionnjcourts.gov… summary judgment as to the remaining two counts of a complaint brought by plaintiff, Officer Michael Lang. We … The following facts are undisputed and are taken from the complaint and answer, the parties' statements of material … behind by a male customer who pushed or struck him with sufficient force that he knocked over a candy display, hit …
- A-1064-15T1/A-1093-15T3 Opinionnjcourts.gov… as a Member of Capital Markets Advisory Limited Liability Company f/k/a Carr Miller Capital Investments, LLC, … but plaintiff's third counsel reiterated the points made in his second counsel's written opposition. … consideration of the applicable evidentiary standard, are sufficient to permit a rational factfinder to resolve the …
- A-68-13 Opinionnjcourts.gov… Education (Board), filed an action asserting statutory and common law employment discrimination claims against the … arguing that the State failed to present evidence sufficient to support the indictment and withheld exculpatory … information or a charge regarding a defense that it was compelled by law to present. Defendant’s indictment does not …
- A-47/48-13 Opinionnjcourts.gov… N.J.S.A. 2C:44-1(a)(5), three, the risk defendant will commit another offense, N.J.S.A. 2C:44- 1(a)(3), and nine, … 198 N.J. 619, 630 (2009) (quoting N.J. State Chamber of Commerce v. N.J. Election Law Enforcement Comm’n, 82 N.J. … an offense prescribes the kind of culpability that is sufficient for the commission of an offense, without …
- A-32/33-13 Opinionnjcourts.gov… to convict a defendant even when bias did not motivate the commission of the offense. Defendant David Pomianek, Jr., co-defendant Michael Dorazo, Jr., and Steven Brodie, Jr., worked for the Parks and Recreation Division of … defendant’s intent, the statute does not give a defendant sufficient guidance or notice on how to conform to the law. …
- A-25-13 Opinionnjcourts.gov… a unanimous Court. In this appeal, the Court assesses the sufficiency of the factual basis of defendant’s guilty plea … to N.J.S.A. 2C:43-6.4, which applies to individuals who commit an enumerated offense while serving parole … and does not increase the punishment, nor change the ingredients of the offence or the ultimate facts necessary to …
- A-13/2014-13 Opinionnjcourts.gov… the city’s rent control code. The ordinance limits the remedies for tenants, living in rent-controlled units, who seek … approved it. Plaintiff Daniel Tumpson and others formed a Committee of Petitioners to bring a referendum challenge to … the petition and amended petition and to determine their sufficiency in accordance with the applicable statutes. The …
- A-11-13 Opinionnjcourts.gov… The court asked defense counsel whether there was sufficient basis for the court to find beyond a reasonable … defendant was intoxicated. In response, defense counsel commenced his summation, arguing that the State’s evidence … Law Division cautioned against the continued use of this common practice, finding that the better practice is to …
- A-26/27-17 Opinionnjcourts.gov… N.J.S.A. 2A:58C-4. That presumption provides pharmaceutical companies greater protection in New Jersey than in many … Accutane warning labels and materials for a target audience of prescribing physicians, pharmacists, and patients. … Jersey’s PLA, the panel held that plaintiffs had presented sufficient evidence to overcome the presumption of adequacy …
- A-13/14-17 Opinionnjcourts.gov… limit the right of recovery, against the tortfeasor, of uncompensated economic loss sustained by the injured party” -- … liability claim against a tortfeasor exclusively for uncompensated economic loss of medical benefits not covered … the panel reasoned that “copayments and deductibles are insufficiently analogous to the kind of expenses at issue …
- njcourts.gov… fair dealing; (2) dismissal of plaintiffs' First Amended Complaint (FAC) against Fiberville without prejudice for … the lease "and/or pursue all other appropriate remedies available at law or equity." Section 10.9 of the lease … upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential …
- A-63-21 Opinionnjcourts.gov… Gannett sought access to the records pursuant to the common law and the Open Public Records Act (OPRA), N.J.S.A. … Ass'n Obligation, 230 N.J. 258, 281 (2017) (citing Keddie v. Rutgers, 148 N.J. 36, 50 (1997)). Here, the trial … (5) whether any findings of public misconduct have been insufficiently corrected by 26 A-4006-18 remedial measures …
- A-32-21 Opinionnjcourts.gov… a bright-line rule providing that an ATS warrant is not sufficient to justify the warrantless entry of a home under … government to demonstrate exigent circumstances that overcome the presumption of unreasonableness that attaches to … a relevant factor in this case. The State did not present competent evidence illustrating that the relevant area was …
- CAM-L-4612-18 Opinionnjcourts.gov… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS CITY OF CAMDEN and the CITY OF : … Camden from 2000 to 2013, stating that Kille “need[s] to be comfortable with the legal structure proposed by Mr. … “[w]ithout a tax exemption the Project will not provide sufficient income to make it economically viable which will …
- ESX L 62-18 Opinionnjcourts.gov… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS ANTHONY ALLEYNE, individually and on … relating to the use of a CPAP machine and undergo sleep studies on an annual basis. Employees who are suspected of … to the merits of plaintiff’s claims. As plaintiff correctly points out, the issue of whether sleep apnea is a disability …
- njcourts.gov… or prior juvenile adjudications. Pretrial Services recommended that both be released with monthly reporting. The … that conclusion. The key word, “appearance,” commonly points to acts or ac tions people choose to take, not … offers a multi-part test to 16 determine when removal is sufficiently certain and imminent to justify detention. The …