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- A-2057-15T3 Opinionnjcourts.gov… DURING DELIBERATION, ALLEGEDLY ABOUT "CONSPIRACY," IN FACT INDICATED A POTENTIAL MISUNDERSTANDING OF BOTH CONSPIRACY AND ACCOMPLICE LIABILITY – PARTICULARLY THE NOTION OF "MERE … we affirm the conviction and the sentence. I Defendant, together with co-defendants Alveiro Bravo, and Juan M. …
- A-1264-16T3 Opinionnjcourts.gov… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1264-16T3 ROSA PEREZ, Plaintiff-Appellant, v. JOSEPH BATOR, … by the motion judge. We summarize and consider the factual record in a light most favorable to plaintiff. R. … The downspouts channel rain water and snowmelt into the common alleyway between defendants' two buildings, and also …
- A-4782-15T3 Opinionnjcourts.gov… GATELY, Plaintiffs-Respondents, v. STATE FARM INDEMNITY COMPANY, Defendant-Appellant. Argued November 28, 2017 – … judgment against State Farm on May 27, 2016, for $47,500, together with interest of $3608.23, costs of $6250.99, and … take judgment against his insurance carrier, New Jersey Manufacturers Insurance Company (NJM), in the amount of $95,000. …
- A-5448-16T4 Opinionnjcourts.gov… v. WELLS FARGO HOME MORTGAGE a/k/a AMERICA'S SERVICING COMPANY; LENDER PROCESSING SERVICES, INC.; TMB RENOVATIONS … to the ECD since McNeill limit its application to these facts, we nevertheless affirm for other reasons. See, e.g., … claims arising among related parties be adjudicated together rather than in separate, successive, or fragmented …
- A-2220-16T2/A-2298-16T2 Opinionnjcourts.gov… In deciding Marlin's case, the court did not make its own factual findings but instead improperly relied on the … and independent factual findings. 1 Defendants were tried together in the municipal court and their Law Division appeals … POINT ONE: THIS COURT SHOULD REVERSE THE GUILTY FINDING ON COMPLAINT NO 2015 S 2014- 000167 BECAUSE THE RULINGS OF THE …
- A-4988-15T4/A-4989-15T4 Opinionnjcourts.gov… 2014. Within weeks of Julie's birth, Pam was involuntarily committed to a psychiatric hospital; she was also found to … defendants' parental rights. The trial judge described his factual findings and legal analysis in a comprehensive … both defendants. We incorporate by reference the detailed factual findings made by the trial judge as reflected in his …
- A-4197-17T4 Opinionnjcourts.gov… mingled, if it cannot be identified in kind because of such commingling. . . . [(emphasis added)]. 2 Under N.J.S.A. … discretion. Horizon Health Ctr. v. Felicissimo, 135 N.J. 126, 137 (1994). A trial court's decision should not be … benefit from the asset recovery, the [r]eceiver is in fact suing to redress injuries that [the legal entity] …
- A-2358-15T3 Opinionnjcourts.gov… by FISHER, P.J.A.D. Plaintiff Charles Wright filed a complaint that alleged five notices of intention to … actual damages, or both at the election of the consumer, together with reasonable attorney's fees and court costs." The … to state a claim upon which relief may be granted, the factual record is more than a little barren as to how the …
- A-1406-16T1/A-1457-16T1 Opinionnjcourts.gov… regardless of who prevails, we reverse. We summarize the facts and procedural history most pertinent to this appeal. … filing an appeal with the Board of Trustees. We cannot comment on behalf of [plaintiff's] employer and can only … 'misconceives the applicable law, or misapplies it to the factual complex.'" Porreca v. City of Millville, 419 N.J. …
- A-2495-16T1 Opinionnjcourts.gov… of real property the spouse and his non-debtor spouse own together as tenants by the entirety. We hold the statute … a creditor's remedy in certain equitable circumstances. The facts pertinent to our legal analysis are limited and … Jimenez, Raul Augustin Jimenez, and Lirio Jimenez2 filed a complaint in the Law Division against defendant seeking …
- A-0949-20 Opinionnjcourts.gov… interest of justice under the circumstances presented. The facts found by the trial court after a hearing and the … After purchasing the property, plaintiff attempted to come to an agreement with defendants to either enter into a … well- established scope of review: 'we do not disturb the factual findings and legal conclusions of the trial judge …
- A-1207-20 Opinionnjcourts.gov… plaintiff rejected. In October 2018, plaintiff filed a complaint against defendants in the United States District … McKesson Corp. v. Hackensack Med. Imaging, 197 N.J. 262, 275 (2009). A denial of due process occurs when "'the … that the motion judge did not sufficiently address the fact that the Roseboro Notice, issued by the District Court …
- A-3630-19 Opinionnjcourts.gov… serve as: a) Managing Director of defendant's Personal and Commercial Boater Safety Associations; b) Managing Director … 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 …
- A-2142-19 Opinionnjcourts.gov… both orders and dismiss the plaintiff's domestic violence complaint. I. Plaintiff and defendant met while working for … deference to the Family Part's 6 A-2142-19 findings of fact because of its special expertise in family matters. Id. … such conclusions de novo. Thieme v. Aucoin-Thieme, 227 N.J. 269, 283 (2016). To determine whether the entry of an FRO is …
- A-3614-19 Opinionnjcourts.gov… judge's written opinion and the caption of the original complaint. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … with the Affidavit of Merit (AOM) statute, N.J.S.A. 2A:53A-26 to -29. He also appeals from an April 9, 2020 order … only the following brief remarks. We discern the following facts from the limited record before us. On May 15, 2017, …
- A-0285-19 Opinionnjcourts.gov… life (PSL), N.J.S.A. 2C:43-6.4(a), and would be required to comply with the requirements of Megan's Law, N.J.S.A. 2C:7-1 … the matter with counsel. Further, defendant provided a factual basis for his offenses. On the endangering charge, … 151 N.J. 41, 52 (1997) (quoting State v. Mitchell, 126 N.J. 565, 580 (1992)). Here, defendant did not …
- A-5372-18 Opinionnjcourts.gov… discovery orders and the Rules of Court, refusing to comply with discovery requests. As a result of their … pursuant to the terms of the Case Management Order. In fact, defendants failed to meet every deadline in the Case … adjourned the motion until "March 29, 2019, so that you may comply with R.4:23-5(a)(2)." The judge further advised, As …
- A-1929-19T3 Opinionnjcourts.gov… separate "continuing guaranty" for each of the agreements, committing to promptly pay all "liabilities, obligations and … Defendant explained he did not 6 A-1929-19T3 simply "forget about [the complaint] and do nothing." He moved to … each case must be resolved on its own particular facts.'" Ibid. The Court noted "[c]ourts should use Rule …
- A-3957-18T1 Opinionnjcourts.gov… Michele M. Fox entered the order denying PCR and rendered a comprehensive and well - reasoned twenty-nine-page written … COUNSEL'S FAILURE TO INVESTIGATE AND RAISE MITIGATING FACTOR [FOUR] AT SENTENCING. (Raised Below). 1 We remanded … health issues and argued for application of mitigating factor four, N.J.S.A. 2C:44-1(b)(4).5 In support of his 4 As …
- A-1365-20 Opinionnjcourts.gov… he could not seek release under the Rule until he completed his mandatory period of parole ineligibility … COURT MISAPPLIED THE PREVAILING LAW AS IT RELATES TO THE FACTOR[S] UNDER STATE V. PRIESTER, REGARDING THE 'SERIOUS … defendant's Rule 3:21-10(b)(2) motion was barred due to the fact that he is currently serving a sentence subject to a …