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- njcourts.gov… an arbitration provision. Donald appeals from an order compelling him to arbitration. He argues that he is not a … Accordingly, the family court held that Donald could be compelled to arbitration as a third party bound to the 1 To … The evidentiary hearing in the family court should take place before the arbitration hearing. The parties have …
- A-0641-21 - STATE OF NEW JERSEY VS. MATTHEW C. DUFFY (01-02-21, BERGEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… parked his cruiser behind the SUV. Griffin, seeing exhaust coming from the vehicle and concluding that it was running, … his phone. Griffin waited several minutes for the driver to complete his call. According to Griffin's testimony, while … is simply whether a reasonable person in the individual's place would feel free to terminate the encounter and depart. …
- A-0424-21 - ARTHUR AARON, ETC. VS. FRANK ORTEGA, ET AL. (L-1977-21, BERGEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… August 27, 2021 order that dismissed with prejudice their complaint against Frank Ortega (Ortega) and Ortega & Di Leonardo (O & D). The motion judge dismissed the complaint based on the entire controversy doctrine, as well … the trial was thereafter adjourned and did not take place in 2021.1 In March 2021, Aaron, individually and …
- A-29-23 Reply Brief Briefsnjcourts.gov… ROBERTO, wife of ALESSANDRO ROBERTO, KELLER DEPKEN FUEL OIL COMPANY, INC., a/k/a HOP ENERGY LLC, and MIDLAND FUNDING … permit the lower courts to decide the issue in the first place. III: DEFENDANT'S OPPOSITION IS NON- OR MINIMALLY … and will continue to have, a drastic effect on municipal budgets and revenue. It is just a matter of basic common sense …
- A-1466-22 – JOSEPH LASRY, ET AL. VS. SHLOMO COHEN, ET AL. (C-000118-22, OCEAN COUNTY AND STATEWIDE) Opinionnjcourts.gov… 3 A-1466-22 week of June and that if closing takes place before April 1, 2021, $20,000 will be "applied to … the house. On May 7, 2021, defendants filed an eviction complaint based on 2 In early 2021, plaintiffs' real estate … the parties' agreement, both writings must be read together." The court observed that plaintiffs' verified …
- njcourts.gov… to dismiss with prejudice those counts of plaintiffs' complaints asserting claims for vicarious liability arising … to the Tort Claims Act, N.J.S.A. 59:1-1 to 12-3, have combined to make the School District vicariously liable for … the ages of fourteen and seventeen, allege the abuse took place on multiple occasions in Dufault's classroom during …
- njcourts.gov… fourth-degree possession of a radio to intercept emergency communications while committing or attempting to commit a crime, 4 A-1700-22 … FAILING TO ESTABLISH THAT DEFENDANT MAINTAINED A SEPARATE PLACE OF RESIDENCE AND ONLY UTILIZED 3 KING BRIDGE DRIVE AS …
- A-3842-22 – VIVIENNE I. ALLEN VS. JOSEPH KANE, ET AL. (L-5209-21, BERGEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… same day as the accident, plaintiff went to the hospital complaining of pain in her chest, arm, and back. At the … two x-rays of her sternum. The x- rays indicated a non-displaced fracture of the sternum and the CT scan was negative. … findings of a permanent injury. And, in fact, quite the opposite is what the record shows. So, I am going to grant the …
- njcourts.gov… interest in Daufuskie Island Water and Sewer Utility Company (DIUC), along with 66.66% majority member Terry R. … Ronald Shimanowitz. In May 2013, Daufuskie Island Holding Company (DIHC) was organized as the sole shareholder of DIUC … to establish a trust for the Karabinchak children and place "one-third of the net proceeds from either profits or …
- A-1270-22 – LUIS FERMIN VS. BOARD OF TRUSTEES, ETC. (POLICE AND FIREMEN'S RETIREMENT SYSTEM) Opinionnjcourts.gov… for purposes of this appeal, largely undisputed. Fermin commenced his employment with the City as a Paterson Police … in the passenger side of a car driven by a "female civilian companion" when an unidentified man approached the vehicle … resignation made him ineligible for benefits in the first place." Id. at 268. Citing the "unambiguous[]" terms of the …
- A-2222-23 – STATE OF NEW JERSEY VS. RONALD B. SANTIAGO, JR. (19-08-0538, UNION COUNTY AND STATEWIDE) Opinionnjcourts.gov… Police Department (EPD) officers arrived at an apartment complex in Elizabeth following a report of a shooting. Upon … discovered the victim, Alphonso James, lying near the complex's pool with multiple gunshot wounds. Shortly … noted in his decision, it is unclear whether defendant was placed in custody regarding this incident or for an …
- Initial CMO Orders and Decisionsnjcourts.gov… will endure throughout these proceedings. The Manual for Complex Litigation, Fourth § I 0.21 states the spirit in … of the attorneys. To the contrary, complex litigation places greater demands on counsel in their dual roles as … of the conference a statement of the unresolved issues together with each party's proposal for their resolution of …
- njcourts.gov… to proposed Lot 24.05. The waiver from the required placement of street trees sought the installation of the … trees along the entire Fourteenth Street frontage to accommodate the proposed drainage system. 4 A-2075-23 In a … the traffic study. In response, Flannery asserted that off-site 7 A-2075-23 traffic impacts are not plaintiffs' …
- A-3713-22 – STATE OF NEW JERSEY VS. JEREMIAH A. JACKSON (12-08-1955, ATLANTIC COUNTY AND STATEWIDE) Opinionnjcourts.gov… did not cite any authority supporting its order.2 2 By comparison, Rule 3:22-6A(2) mandates dismissal of a PCR … to a second or subsequent PCR petition. Rule 3:22-4(b) places strict limitations on second and subsequent petitions … order denying a first petition. Defendant's argument is misplaced. Our courts have uniformly held appellate review does …
- njcourts.gov… N.J.S.A. 2C:11-3(a)(1) and (2); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2; three counts of … restaurant. Trent, after pleading guilty to conspiracy to commit the robbery and robbery, testified that he and … he "was outside of the restaurant when the shooting took place" and was the individual in the surveillance video, and …
- A-3174-23 Briefs Briefsnjcourts.gov… Essex Fells, New Jersey 07021 973-758-7914 fgenn633@gmail.com Designated Counsel Of Counsel and on the Brief JENNIFER … of any of the enumerated crimes, including robbery, “committed on two or more prior occasions regardless of the … had returned its verdict, however sentencing did not take place until September 29, 2023. A verdict alone does not …
- A-35-24 Supplemental Respondent Brief Briefsnjcourts.gov… Street Princeton, NJ 08542 609-279-0900 akalac@cu llenllp .com nyoskin@cullenllp.com Attorneys for Respondent, P.T. … Appellate Division's reliance on that case is flawed is misplaced. In Schultz v. Wilson, the Appellate Division … N.J.A.C. 7:7-1, et seq., in place to protect Submerged Vegetation and Shellfish Habitat. In light of the forgoing, …
- njcourts.gov… of first impression regarding when the State may be compelled to provide field and health reports of narcotics … trial court's September 1, 2023 order denying his motion to compel discovery of records relating to narcotics detection … or evidence of a crime will be found in a particular place.'" State v. Chippero, 201 N.J. 14, 27 (2009) (quoting …
- njcourts.gov… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS MOERAE MATRIC, INC., SUPERIOR COURT OF … LLP (“McCarter”) and Beverly Lubit, Esq. (“Lubit”) (together, “Defendants”) on a motion for summary judgment. A … to do so. Id. Thereafter, on December 7, 2018, Morae replaced McCarter with Cooley LLP (“Cooley”). On December 17, …
- A-3748-22 – NOHEMY VARGAS VS. DELIA OROSCO, ET AL. (L-1276-22, PASSAIC COUNTY AND STATEWIDE) Opinionnjcourts.gov… Delia Orosco and Ramon Orosco, dismissing plaintiff's complaint with prejudice. Plaintiff was a tenant on the … a landlord's duty to inspect distinguishes between places that are within the exclusive control of the tenant … of the injury. While the plaintiff need not reduce altogether the possibility of other causes, he must bring forth …