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njcourts.gov
… Manual (the Manual) issued by the New Jersey Motor Vehicle Commission (MVC), which includes estimated stopping … the stopping distance, which depends on a variety of factors including speed, motorist reaction time, weather … the 10 A-4776-17T4 witness' testimony or in determining a fact in issue." N.J.R.E. 701. Lay opinion testimony is …
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njcourts.gov
… having been charged under two indictments for crimes committed when he was sixteen years old,3 pleaded guilty to … period of parole ineligibility "did not amount to a de facto life sentence as it afforded him the opportunity to … and he is young today," and found "there's one mitigating factor, his age." The judge also noted that defendant did …
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njcourts.gov
… award of counsel fees in May 2014 was due to defendant's noncompliance with the court order providing for discovery. As … In determining the fee award, the judge must address the factors set forth in Rule 5:3-5(c): (1) the financial … existing orders or to compel discovery; and (9) any other factor bearing on the fairness of an award. As noted by our …
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njcourts.gov
… marijuana to ease his anxiety and depression. It was recommended that defendants undergo substance abuse and … of evidence, Judge Terence P. Flynn made detailed factual findings, addressed each element of the best- … v. F.M., 211 N.J. 420, 448 (2012)). "We accord deference to factfindings of the family court because it has the superior …
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njcourts.gov
… had been the subject of a domestic-violence complaint, which was dismissed. The Division substantiated … consideration of all relevant statutory and regulatory factors to determine the suitability of the placement. N.J. … family parent from licensure under the Act. N.J.S.A. 30:4C-26.8(d) provides that no person may serve as a resource …
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njcourts.gov
… Submitted October 12, 2022 – Decided October 26, 2022 Before Judges Rose and Gummer. On appeal from the … (count two). Under the terms of the agreement, the State recommended sentencing defendant as a second-degree offender … a memorandum urging the trial court to find mitigating factors seven, N.J.S.A. 2C:44-1(b)(7) (lack of a prior …
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njcourts.gov
… arises from a dispute involving payment of a broker's commission stemming from the sale of a property. Plaintiff, … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a …
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njcourts.gov
… to -35. She also appeals from the dismissal of her cross-complaint seeking an FRO against plaintiff. The parties' domestic violence cross-complaints were tried together. Neither party was represented by counsel. Judge … N.J. 108, 117 (1997)). Accordingly, we will not disturb the factual findings of the trial judge unless they are so …
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njcourts.gov
… FRUMER, Plaintiffs-Respondents, v. NATIONAL HOME INSURANCE COMPANY1 and HOME BUYERS WARRANTY CORPORATION, … law and the legal consequences that flow from established facts are not entitled to any special deference.'" Id. at … to accept or reject a conciliation decision in satisfaction of the claim and notice of the opportunity to appeal …
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njcourts.gov
… Submitted October 12, 2022 – Decided October 26, 2022 Before Judges Rose and Gummer. On appeal from the … (count two). Under the terms of the agreement, the State recommended sentencing defendant as a second-degree offender … a memorandum urging the trial court to find mitigating factors seven, N.J.S.A. 2C:44-1(b)(7) (lack of a prior …
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njcourts.gov
… arises from a dispute involving payment of a broker's commission stemming from the sale of a property. Plaintiff, … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a …
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njcourts.gov
… the Pretrial Intervention Program (PTI). Shortly before completing PTI, Holloway was cited for violations of the … there was no hearing conducted in 2015 that addressed the factors governing the termination of PTI, we reverse the … "misconceives the applicable law or misapplies it to the factual" situation, an abuse of discretion can be found. …
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njcourts.gov
… hearing. We affirm. We incorporate by reference the facts and procedural history set forth in our prior … remanded the matter to the trial court with instructions to complete a testimonial hearing. State v. Murphy, No. … hearing "is necessarily deferential to [the] PCR court's factual findings based on its review of live witness …
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njcourts.gov
… defendant City of Margate. We substantially agree with the comprehensive analysis of Judge Julio L. Mendez and affirm. … footprint as the existing building with an approximately 2600-square-foot new addition. That new building would … claims this project will have on neighboring properties. In fact, only three members of the public spoke in opposition …
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njcourts.gov
… a teacher was entitled at the time his leave of absence commenced . . . shall be restored to him upon his return. … hours per week. N.J.S.A. 52:14-17.46(d)(1) and 52:14-17.26(c)(1). Effective May 21, 2010, the statute was amended to … determines "there is no genuine issue as to any material fact challenged and that the moving party is entitled to a …
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njcourts.gov
… during a period of license suspension, N.J.S.A. 2C:40-26(b). He contends based on State v. Laurick, 120 N.J. 1 … Fuentes, 217 N.J. 57, 70 (2014). We give deference "to the factual findings of the trial court so long as those … as N.J.S.A. 2C:40-26 that required a minimum sentence. In fact, N.J.S.A. 2C:40- 26 was not effective until 2009. See …
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njcourts.gov
… a February 7, 2019 decision, which required it to turn over communications from a victim advocate, records and … to furnish defendant discovery on these items. We take the facts from the record. Defendant was indicted by a Union … ruling] of the prosecutor's decision de novo." Id. at 226. Likewise, we review any legal conclusions de novo. State …
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njcourts.gov
… defaulted on her mortgage. Sun National Bank filed a complaint to foreclose on the property in November 2013. A … Bank, 205 N.J. 150, 169 (2011). "[W]e do not disturb the factual findings and legal conclusions of the trial judge … of Am., 65 N.J. 474, 484 (1974)). The court's findings of fact are "binding on appeal when supported by adequate, …
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njcourts.gov
… reasons that follow, we affirm. I. We discern the following facts from the record. Rao and Patel each owned a … arbitration before a retired judge. The arbitration commenced on July 19, 2016 and concluded three years later … The auditor opined that corporate payments totaling $20,882.26 for Patel's health insurance and vehicle expenses …
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njcourts.gov
… APPELLATE DIVISION DOCKET NO. A-0168-19T1 RUSSELL SMITH, Complainant-Appellant, v. MOORESTOWN TOWNSHIP, … the applicable legal principles, we affirm. The pertinent facts are simple and undisputed. On June 28, 2019, Smith … that "[i]mmediate access ordinarily shall be granted to budgets, bills, vouchers, contracts, including collective …