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- A-1978-20 Opinionnjcourts.gov… following facts are derived from the evidence presented in support of, and in opposition to, Bystrowski's motion for … if the case went to trial, the jury would find plaintiff comparatively negligent. The judge then commented that she … would exercise under similar circumstances. It has sometimes been defined as care commensurate with the risk of …
- A-1622-17T2 Opinionnjcourts.gov… EXCESSIVE SENTENCE REQUIRING REVERSAL. A. ALTHOUGH SUPPORTED BY AMPLE EVIDENCE IN THE RECORD, THE JUDGE … THE TERM WITHIN THE EXTENDED TERM RANGE. Because of errors committed in excusing a deliberating juror, we are … [THE COURT]: Did anyone in the jury room in any way try to compel or force you to withdraw as a deliberating juror? …
- A-3418-15T4 Opinionnjcourts.gov… the property as "joint tenants and not as tenants in common." 3 A-3418-15T4 Plaintiff closed on the property on … from [Alaluf], and what is going to happen if in the future I am looking to sell my home, so what's going to … findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." …
- A-1485-15T2 Opinionnjcourts.gov… him with a temporary restraining order issued under the Domestic Violence Act. See N.J.S.A. 2C:25-17 to -35. The order … son to his former wife. Patrolman Anthony Hering accompanied Annecchiarico. When the two officers arrived at … jury instructions on alternate defense theories where supported by even "very slight evidence[,]" State v. …
- A-1540-15T1 Opinionnjcourts.gov… argued the cause for respondents (Law Office of Viscomi & Lyons, attorneys; Christopher S. Byrnes, on the … sternum. Although the sprains and fractured sternum healed completely after approximately eight to nine weeks, … a new trial. R. 2:10-1. Moreover, there is no evidence to support plaintiff's contention that the instruction caused …
- A-4921-14T3 Opinionnjcourts.gov… to a written reprimand. The statute requires that "[a] complaint charging a violation of the internal rules and … to the employee, at the time of the issuance, or in the future. Other jurisdictions are in accord with this … than a critical admonition," then it does not have the requisite formalities to trigger a hearing requirement). The …
- A-4593-17T4 Opinionnjcourts.gov… appeals the April 30, 2018 order dismissing his complaint against defendants Morgan Realty & Development, … property? (2) Is there evidence in the record that could support a finding of fact on this point? (3) Is expert … of the case doctrine, but that doctrine "is entirely inapposite" in circumstances such as here where "the same judge is …
- A-4103-16T3/A-4516-16T3 Opinionnjcourts.gov… and Gilson. On appeal from the New Jersey Civil Service Commission, Docket No. 2017-3520; and Superior Court of New … whether the county sheriff "carried out the pre-requisite and mandatory layoff actions necessary before a layoff … also observed that many of the PBA's contentions argued in support of a stay could not "be addressed fully on the …
- A-0809-17T1 Opinionnjcourts.gov… propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or … and regardless of what he may have intended to do in the future, the statute does not permit the State to charge an … 6 Indeed, the Morillo Court observed we had implied the opposite in State v. Gomez, 246 N.J. Super. 209, 216 n.1 (App. …
- A-4200-16T3 Opinionnjcourts.gov… DIVISION DOCKET NO. A-4200-16T3 DRIVE NEW JERSEY INSURANCE COMPANY, Plaintiff-Appellant/ Cross-Respondent, v. LOUIS A. … v. Hala Cleaners, Inc., 75 N.J. 117, 126 (1977), is inapposite, because in that case the insurer made its position … about insurance coverage. The summary judgment record supported the judge's first decision, and there was no abuse …
- A-4771-15T1 Opinionnjcourts.gov… the car, show his hands, and exit the vehicle. Defendant complied. Detective Robert Duffy and fellow officers … prior convictions of defendant in 1986 and 1991 for crimes of the third degree under New York law. While she … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." …
- A-0116-15T1 Opinionnjcourts.gov… Cape May County Prosecutor's Office, provided the affidavit supporting the warrant application. Because a judge … a warrant from a neutral judicial officer as a prerequisite to a search. State v. Sullivan, 169 N.J. 204, 210 … there is probable cause to believe that a crime has been committed, or is being committed, at a specific location or …
- A-16-21 Opinionnjcourts.gov… In this appeal, the Court considers whether to expand the common law rescue doctrine to permit plaintiffs to recover … attachment people may have to dogs, cats, and other domesticated animals, or the great significance some may … any New Jersey court has applied the rescue doctrine to support a cause of action brought by the rescuer of real or …
- 09640-2020 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS ____________________________________ … directed her to file a certification in this regard, with supporting documentation if any, and permitted the Township … referred to as the “green” assessment card, and sometimes referred to as the Chapter 75 card). As noted earlier, …
- A-3342-21 – STATE OF NEW JERSEY VS. ZHARIA Z. YOUNG (21-02-0214, CUMBERLAND COUNTY AND STATEWIDE) Opinionnjcourts.gov… she kicked an officer in the chest. According to the complaint summons, "following the arrest[,] . . . defendant … as uncertainty, if he is correct, would tend to support an inference that a reasonable person would take … of transmitting COVID-19 has proven the 17 A-3342-21 opposite.3 And considering defendant's offense occurred at the …
- A-1670-21 Opinionnjcourts.gov… On appeal from an interlocutory order of the New Jersey Commissioner of Education, Docket No. 45- 3/21. Jonathan F. … agency is arbitrary, capricious, or unreasonable, or is not supported by substantial credible evidence in the record as … 9 N.J. 225, 230 (1952); then quoting In re Closing of Jamesburg High Sch., 83 N.J. 540, 548 (1980)). Therefore, …
- A-1470-21 Opinionnjcourts.gov… warrants. This took several minutes for the dispatch to complete. While waiting, defendant made and received several … his hands behind his back. Defendant said that he would comply but asked to leave his bag and his wallet with his … we "defer to the trial court's factual findings that are supported by sufficient credible evidence in the record and …
- A-2446-19 Opinionnjcourts.gov… The State agreed to dismiss the remaining charges and recommended defendant be sentenced as a third-degree 3 … the PCR application sets forth facts that could potentially support a claim of self-defense or defense of others, … because '[a]s time 7 A-2446-19 passes, justice becomes more elusive and the necessity for preserving finality …
- A-3898-15T3 Opinionnjcourts.gov… arbitrator concluded the SJTA had proven that Segars had committed some, but not all, of the charged conduct, and … court's analysis — although it has considerable evidentiary support in the record — substantially rests upon findings of … Segars is a member of the Union. On June 8, 2015, a patron complained about Segars to the SJTA's Parking Division …
- A-3722-18T3 Opinionnjcourts.gov… were married for twenty-nine years. Plaintiff filed a complaint for divorce in 2000, and on June 13, 2002, the … argued the nondisclosure of the asset was not a bar to its future distribution. Defendant cross-moved requesting the … not timely, but did not make adequate factual findings to support the ruling and failed to address plaintiff's …