njcourts.gov
… with Newark. In March 2023, plaintiff filed an eviction complaint, seeking payment for reimbursement of the … D'Agostino v. Maldonado, 216 N.J. 168, 182 (2013). The factual findings and legal conclusions of the trial judge … law and the legal consequences that flow from established facts are not entitled to any special deference." Rowe v. …
njcourts.gov
… for reconsideration. We affirm. We glean the relevant facts from the motion record. Defendant defaulted on credit … Midland Funding LLC. On May 31, 2018, plaintiff filed a complaint against defendant, seeking the outstanding balance … failed to meet the requisite standard by providing a factual basis the significant delay in filing the motion to …
default
… THE "LION SHARE" OF THE STATE'S PROOFS TO UNCONTROVERTED FACTS DEFENDANT COULD NOT ATTACK. B) DEFENSE COUNSEL FAILED … F) DEFENSE COUNSEL'S SUMMATION CONTAINED TROUBLING COMMENTS. G) 1) (GENERAL) EVEN IF THE COURT FINDS THAT EACH … standard of review. The record amply supports the judge's factual and credibility determinations, 6 A-5338-16T1 so we …
default
… AND CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL BECAUSE THE FACTS LAY OUTSIDE THE RECORD AND DEFENDANT ESTABLISHED A … CURATIVE INSTRUCTION DUE TO PROSECUTOR'S PREJUDICIAL COMMENTS DURING CLOSING ARGUMENT. C. FIRST PCR COUNSEL WAS … Curative Instruction Due to Prosecutor's Prejudicial Comments during Closing Argument. C. First PCR Counsel was …
default
… reconsideration of the May 19, 2017 order dismissing her complaint with prejudice pursuant to Rule 4:6-2(e). We … the twenty-day period mandated by Rule 4:49-2 and relied on factual assertions and legal arguments she could have raised … use a motion for reconsideration as a basis for presenting facts or arguments that could have been provided in …
default
… order1 that reversed and vacated previous orders compelling the Middlesex County Prosecutor's Office (MCPO) … "required by law," because the record lacked sufficient facts regarding the creation of the MVRs. 229 N.J. at … v. City of Hoboken, 196 N.J. 51, 67 (2008) (quoting Keddie v. Rutgers, 148 N.J. 36, 50 (1997); see also Paff, ____ …
default
… not cured those defaults. In January 2014, EverBank filed a complaint seeking to foreclose on the Mortgage. In its complaint, EverBank represented that it was the holder of … she was authorized to file the affidavit as "attorney-in-fact for EverBank," that she had "thoroughly reviewed" the …
default
… claimed defendant refused to provide anywhere near complete financial information when they were litigating … based on "too much speculation and 5 A-5672-16T1 too few facts," the court, after applying the applicable factors in R. 5:3-5, awarded plaintiff fees of $5030.49. …
default
… a written opinion. R. 2:11-3(e)(1)(E). We add the following comments. We are bound to accept the trial court's fact findings if they are supported by substantial credible … court's legal determinations, Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Here, the …
default
… APPELLATE DIVISION DOCKET NO. A-2616-16T4 RICARDO MORAN, Complainant-Appellant, v. TOWER MANAGEMENT SERVICES, … Director's decision and remand for further proceedings. The facts are not in dispute. Appellant receives Section 8 … from refusing to rent to tenants who receive rental subsidies through the Section 8 program or through other …
default
… rejecting defendant's direct appeal, we summarized the facts underlying his conviction: On November 26, 2002, John … AND THESE DEFICIENT PERFORMANCES MATERIALLY AFFECTED THE OUTCOME OF THE PROCEEDINGS; THIS PROCEDURE ALSO CONSTITUTES A … AS THE JURY INSTRUCTIONS AS TO IDENTIFICATION FAILED TO COMPLY WITH THE REQUIREMENTS OF STATE V. HENDERSON, 208 N.J. …
default
… judgment of foreclosure, and to dismiss with prejudice the complaint filed against him in this matter. Before denying … He also submitted a "Statement of Undisputed Material Facts" challenging plaintiff's proofs relating to the … was correct that plaintiff lacked standing to bring the complaint, in the "post-judgment context, lack of standing …
default
… 26, 2017 order denying his application to be removed from community supervision for life (CSL) under N.J.S.A. … Similar to the extant matter, Dr. [R.'s] opinion rests upon factual underpinnings which often lack verification, fail to … greater or lesser probative value than warranted by the facts. Based upon the [c]ourt's observations of Dr. [R.'s] …
njcourts.gov
… When reviewing a motion to suppress, we "must uphold the factual findings underlying the trial court's decision so … plate of the vehicle defendant was operating in a police computer when it passed his stationary, marked patrol … substances.5 The motion judge found all of the necessary factors of the plain-view test were met. State v. Johnson, …
njcourts.gov
… denied, 220 N.J. 40 (2014), which fully sets forth the factual and procedural history; we will not repeat same. … the gunfire, and saw both the shooter and his 3 A-1209-16T2 companion as they ran past him after the shooting. … and attributed counsel's clear memory of the case to the fact that it was his last. She did not find Barge's …
njcourts.gov
… or know the exact policies involved or at least use common sense to react appropriately. The fact that the claimant displayed a lack of awareness that … indicates to the Tribunal such a pattern of disregard of common sense safety practices that it represents at least …
njcourts.gov
… from an order dated March 17, 2017, denying its motion to compel arbitration of a lawsuit filed by plaintiff Jang Won … submitting the matter to binding arbitration. The essential facts are undisputed. On October 19, 2016, plaintiff filed a complaint alleging that defendant, his employer, violated …
njcourts.gov
… State v. Montgomery, 213 N.J. 387 (2013). The facts underlying defendant's convictions are set forth in … counsel because his attorney "failed to present a defense, communicate with [him], denied [defendant] discovery, was … defendant's petition by order dated May 3, 2016. In a comprehensive eleven-page written decision, Judge James M. …
njcourts.gov
… a stay of the sale of the marital home until plaintiff complied with all aspects of the settlement agreement. The … law and the legal consequences that flow from established facts are not entitled to any special deference." Manalapan … 'based upon a consideration of irrelevant or inappropriate factors.'" State v. Steele, 430 N.J. Super. 24, 34-35 (App. …
njcourts.gov
… argues: POINT I ALTHOUGH STATUTORY CRITERIA AND OTHER FACTORS UNDER OUR COURT RULES FAVOR DEFENDANT'S ADMISSION … ["PTI"], THE PROSECUTOR EITHER FAILED TO PROVIDE SUFFICIENT FACTS OR EMPLOYED INAPPROPRIATE FACTORS OR FAILED TO … TO TESTIFY AS TO HIS THOUGHT PROCESS AND MOTIVATION FOR COMMITTING THE CRIME OF WHICH HE WAS CONVICTED DENIED THE …