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- njcourts.gov… ________________________________ FRANKIE JEROME, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … to dismiss with prejudice those counts of plaintiffs' complaints asserting claims for vicarious liability arising … beyond anything authorized by the District and not in any way actuated by a purpose to serve her employer. See Davis …
- STATE OF NEW JERSEY VS. DAMIAN S. EMANUEL (22-12-1421, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted October 2, 2024 – Decided October 17, 2024 Before Judges Mayer and Rose. On appeal from an interlocutory … battery. While doing so, a shopping bag fell from the same compartment, which appeared to contain a handgun. Police … constitutional and enforceable." Id. at 511. Stated another way, the other provisions of N.J.S.A. 2C:58-4 were not …
- VIVIENNE I. ALLEN VS. JOSEPH KANE, ET AL. (L-5209-21, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Argued October 9, 2024 – Decided October 21, 2024 Before Judges Mayer and Rose. On appeal from the Superior … same day as the accident, plaintiff went to the hospital complaining of pain in her chest, arm, and back. At the … 414 N.J. Super. 274, 289 (App. Div. 2010). "Said another way, a litigant must initially demonstrate that the [c]ourt …
- STATE OF NEW JERSEY VS. RICHARD L. CAIN (91-08-2277, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Argued April 26, 2023 – Decided July 7, 2023 Before Judges Accurso, Vernoia, and Firko. On appeal from the … to remand this matter for resentencing pursuant to State v. Comer, 249 N.J. 359 (2022), because he was eighteen years … the Court continued, "the characteristics of youth, and the way they weaken rationales for punishment, can render a …
- njcourts.gov… Submitted December 10, 2024 – Decided December 24, 2024 Before Judges Perez Friscia and Bergman. On appeal from the … Esther Jean summary judgment and dismissing Enoch's complaint with prejudice. After reviewing the record in … upon the particular circumstances of a given case." 700 Highway 33 LLC v. Pollio, 421 N.J. Super. 231, 236 (App. Div. …
- njcourts.gov… RONALD SHEA, Petitioner-Appellant, v. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … evidence" and question what proofs are required to overcome the "presumption" that properly addressed mail arrived … (quoting Herrmann, 192 N.J. at 27-28). Yet, "we are 'in no way bound by an agency's interpretation of a statute or its …
- njcourts.gov… DOCKET NO: ATL-L-1550-21 (CBLP) ORDER THIS MATTER having come before the court on cross-motions for summary judgment, … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … it did not require Plaintiff to cease all operations in the way that glass shards in bottles of iced tea warranted a …
- njcourts.gov… JERSEY APPELLATE DIVISION DOCKET NO. A-0992-21 1ST COLONIAL COMMUNITY BANK, Plaintiff-Respondent, v. BRIAN WOLFSON and … items on the property, including the installation of a driveway, retaining wall, and the landscaping. If defendants did … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …
- njcourts.gov… Submitted July 17, 2018 – Decided Before Judges Ostrer and Vernoia. On appeal from Superior … from an October 27, 2017 order denying their motion to compel arbitration pursuant to N.J.S.A. 2A:23B-7 and dismiss … in Atalese – it [did] not explain in some broad or general way that arbitration is a substitute for the right to seek …
- njcourts.gov… Argued January 8, 2025 – Decided February 18, 2025 Before Judges Rose, DeAlmeida and Puglisi. On appeal from the … order granting defendant Wells Fargo Bank, N.A.'s motion to compel arbitration and stay the proceedings. We reverse.1 I. … 444. If, "at least in some general and sufficiently broad way," the language of the clause conveys that arbitration is …
- FRANCES J. HOFFMAN VS. BRUCE W. HOFFMAN (FM-13-0908-98, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… to all of these dates and all of the history has been on target, has been fair, and he's just not happy with it because … as he was suppose[d] to. I supported the children in every way. On September 15, 2017, the motion judge found that … day time period [under Rule 4:49-2] for the court to revisit any such decisions and that, alone, [was] a basis to …
- IN THE MATTER OF MICHAEL MULCAHY, ET AL. (NEW JERSEY CIVIL SERVICE COMMISSION) - Unpublished Opinionsnjcourts.gov… and Moynihan. On appeal from the New Jersey Civil Service Commission, Docket No. 2016-819. Joel S. Silberman, attorney … in part that "[d]ue to reasons of economy and severe budget shortfalls," it intended to lay off Mulcahy, Smith and … "the program became less punitive and 'went back to the way the job was supposed to be, which was to be …
- EDWARD CORREA VS. ANN GROSSI, ET ALS. (L-1026-18, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Plaintiff-Appellant, and NEW JERSEY DEMOCRATIC STATE COMMITTEE, Plaintiff/Intervenor- Appellant, v. ANN GROSSI, … Submitted January 9, 2019 – Decided April 8, 2019 Before Judges Nugent, Reisner and Mawla. On appeal from … "straightforward" must be construed "in a common-sense way that accords with the legislative purpose" of the …
- njcourts.gov… 56:12-14 to -18. Plaintiffs, representing a putative class, complained defendants Guaranteed Motor Towing Service … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … Legislature intended something other than that expressed by way of the plain language.'" DiProspero v. Penn, 183 N.J. …
- njcourts.gov… FRATERNAL ASSOCIATION OF NEW JERSEY, STATE TROOPERS NON- COMMISSIONED OFFICERS ASSOCIATION OF NEW JERSEY, STATE … if the papers and discovery which have been filed, together with affidavits, if any, show that there is no … Stallworth, 208 N.J. 182, 194 (2011) (quoting Henry v. Rahway 11 A-2090-17T1 State Prison, 81 N.J. 571, 579 (1980)). …
- DR. ELIZABETH A. NASTUS VS. BOARD OF TRUSTEES (TEACHERS' PENSION AND ANNUITY FUND) - Unpublished Opinionsnjcourts.gov… Finkelstein argued the cause for appellant. Jeffrey D. Padgett, Deputy Attorney General, argued the cause for … Petitioner retired in July 2013 after twenty-eight years of combined service as a teacher and superintendent. The Board … whole." Ibid. (alteration in original) (quoting Henry v. Rahway State Prison, 81 N.J. 571, 579- 80 (1980)). Here, the …
- njcourts.gov… Argued May 20, 2019 – Decided July11, 2019 Before Judges Messano and Gooden Brown. On appeal from the … sides moved for summary judgment following discovery. In a comprehensive oral decision, Judge Mary C. Jacobson … execute the easement because of concerns regarding the driveway's classification as a "private road," which meant …
- njcourts.gov… Argued on May 20, 2019 – Decided July 30, 2019 Before Judges Haas, Sumners and Susswein. On appeal from the … Michael DeOrio and Jeff Welz, dismissing with prejudice his complaint alleging violations of the New Jersey Law Against … the motion because there were less intrusive and burdensome ways to acquire the information Sharp sought – assessing the …
- njcourts.gov… Argued May 21, 2019 – Decided July 18, 2019 Before Judges Rothstadt and Natali. On appeal from the … to plaintiff was improper because it "over-imputed income" to defendant and "under-imputed income" to plaintiff; … business," which the judge found "to be not credible in any way, shape, or form." Defendant appeared to have never filed …
- njcourts.gov… Submitted March 19, 2019 – Decided Before Judges Suter and Geiger. On appeal from the Superior … would make the other children watch. In November 2005, Kate complained at school that defendant slapped Sara in the back … Defendant testified he disciplined the children in various ways, but only used the belt in extreme situations. For …