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… extensive, albeit unsuccessful, efforts to help Nancy overcome her substance abuse issues and reunite her with her … "[T]he trial court's factual findings should be upheld when supported by adequate, substantial, and credible evidence." … drug. Nancy tested positive for PCP at least six times during her involvement with the Division. She failed to …
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… DOCKET NO. A-0568-17T1 SELECTIVE CASUALTY INSURANCE COMPANY, Plaintiff-Appellant, v. EXCLUSIVE AUTO COLLISION … and on the briefs; Rafael A. Llano, on the briefs). James E. Mackevich argued the cause for respondents … 2014 - before it executed the release. We agree the record supports the conclusion Selective was on notice that the …
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… DOCKET NO. A-4404-15T4 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF THE RESIDENTIAL ASSET SECURITIZATION … alleged unclean hands; (10) defendants offered no facts in support of their claim plaintiff failed to mitigate damages; … A. Cunningham & Saul Tischler) (1st ed. 1975); see Bancredit, Inc. v. Bethea, 65 N.J. Super. 538, 544 (App. Div. …
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… Frank Montanino. On July 19, 2013, plaintiffs filed a complaint against defendant alleging economic and … Dr. DeLuca saw "no indication for any further or future treatment or testing." Over the course of discovery, … In Mauro, the expert testified to statistics and data to support his findings of the plaintiff's enhanced medical …
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… in detail, the MCJ found Chukwunyere's testimony to be "compellingly credible, believable, and truthful." The MCJ … factors three, N.J.S.A. 2C:44-1(a)(3) (risk defendant will commit another offense), six, N.J.S.A. 2C:44-1(a)(6) (prior … and impossible to identify. Each of these findings is amply supported by the record. We discern no abuse of discretion …
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… Chancery Division, Camden County, Docket No. C-000077-16. James M. Mets argued the cause for appellant (Mets Schiro & … a Chancery Division August 19, 2016 order dismissing its complaint and confirming a labor arbitration decision. After … of the common weal." Id. at 295. The PBA fails to support its claim that not awarding bonus vacation days for …
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… We affirm. I. On November 5, 2014, plaintiff filed a complaint in the trial court alleging that on November 25, … street to board the bus. Plaintiff stated that water was coming up into the street from under the ground and ice had … because plaintiff failed to present sufficient evidence to support a claim under N.J.S.A. 59:4-2 for the alleged …
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… altercation. According to the State, defendant failed to complete an Attorney General use-of-force report and falsely … him "to the ground," and struck him "in the face several times with a closed fist." The injuries suffered by L.S. were … for purposes of the severance argument that these prongs supported admission of prior-bad-act evidence. Because we …
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… photographs with her name and address on an Internet website that permitted users to submit anonymous naked … M.M. reported defendant to 1 The facts are derived from a combination of the police report, the probation officer's … he is a college graduate, and PTI would deter him from future criminal activity. The Middlesex County Criminal …
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… appeals from a November 9, 2019 order entered by Judge James R. Swift denying his motion to terminate arbitration. … became embroiled in a business dispute involving two companies, Abatis Security, LLC, which provides private … that he was held in contempt for failure to pay his child support obligation, a bench warrant was issued for his …
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… amended to third degree. In exchange, the State agreed to recommend a three-year probationary term with 180 days 3 … defendant's verified petition, and found the record did not support PCR counsel's argument that plea counsel … more favorable plea deal. The judge concluded there was no competent evidence that plea counsel rendered ineffective …
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… 463, 479 (2013) (quoting Assembly Health & Human Services Committee, Statement to Assembly Bill No. 50 at 20 (Mar. 4, 2004)). Commonly referred to as "the waiver provision," N.J.S.A. … and the second judge agreed with plaintiffs that the record supported the grant of a waiver under N.J.S.A. 2A:53A-41(c) …
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… judgment to defendant Michael Lynch dismissing the amended complaint. Russo also appeals the denial of his request for … THAT HAVE BEEN OCCURRING. The report listed the names of five residents who wanted to lodge noise complaints, … to interrogatories and the certification he filed in support of the motion for summary judgment, Lynch said he …
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… summary judgment order that dismissed their personal injury complaint against defendants Calvary Cemetery and Chapel … 326 (1970). In Lawlor, the plaintiff was visiting a gravesite in a cemetery owned and maintained by "privately … or recklessness). We are satisfied the record does not support a finding of gross negligence by defendants that …
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… ineffectiveness forced him to enter the plea. In a lengthy, comprehensive opinion, the PCR court denied defendant's … from the $20,000 he obtained the day before. R.M. deposited $1,000 into her bank account that day; the police … investigated his or her case, defendant must assert facts supported by affidavits or certifications based upon the …
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… detective went to where defendant resided and asked him to come to PCPO for an interview. Defendant agreed. The … to the fact- findings of the trial court when they are supported by sufficient credible evidence in the record. See … three, the likelihood that defendant would commit other crimes, N.J.S.A. 2C:44-1(a)(3), and nine, the need to deter, …
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… THE AMBIGUOUS PHRASE "AND/OR" IN THE JURY INSTRUCTION ON ACCOMPLICE LIABILITY WAS PLAIN ERROR BECAUSE IT "GENERATED … begin by addressing defendant's contention that the judge committed plain error when the judge failed to charge … be delivered to the jury only when there is 'obvious record support for such [a] charge[.]'" State v. Funderburg, 225 …
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… CITY POLICE DEPARTMENT, a municipal entity, and THOMAS COMEY, individually and in his representative capacity, … specialist. The motion judge's conclusions are refuted by the record. Specifically, the finding that … detective. . . . . There is ample evidence in the record to support this conclusion. As Dr. Jaffe indicated in his …
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… vehicle with a male driver and female passenger. Fama ran a computer search of the vehicle and learned 3 A-0857-15T2 … 7 A-0857-15T2 Theresa Foxx, who was indicted for the crimes the defendant is on trial for, has testified on behalf … stop. The judge therefore concluded that the verdict was supported by sufficient credible evidence in the record and …
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… USE OF A DEFENDANT'S PRE-ARREST SILENCE, AND PROVIDED AN INCOMPLETE AND DEFECTIVE CHARGE ON THE USE OF A DEFENDANT'S … had indicated that he had a relative who was accused of committing a criminal offense. 9 A-1676-12T2 4. The [c]ourt … challenge to prove a race- or ethnicity-neutral basis supporting the peremptory challenge. In gauging whether the …