Filters
- 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-0144-18T4 Opinionnjcourts.gov… 2A:15-3. She alleges that the six defendants 3 A-0144-18T4 committed medical malpractice when they provided care to her … filed a notice of appeal in the First Action. On March 26, 2018, we dismissed that appeal without prejudice as an … 2A:14-2 the discovery rule can, under the right set of facts, apply because the limitations period begins to run …
- A-1035-18T4 Opinionnjcourts.gov… to satisfy the criteria for an undue hardship waiver or compromise of an Estate Lien imposed against the Estate. We … Lien. In his written decision, the ALJ considered the facts and applicable law governing the imposition of estate … and outlay made on L.P.'s behalf. Unfortunately, those factors do not apply, and I am constrained by the well …
- A-2471-18T3 Opinionnjcourts.gov… change in circumstances. We affirm. We take the following facts from the record. The parties married in 1985 and … by that person." Alimony was based upon an imputed income to plaintiff of $20,000 and defendant's 2004 earnings … on R. 2:5-1(f)(1) (2019) (citing Sikes v. Twp. of Rockaway, 269 N.J. Super. 463, 465-66 (App. Div.), aff'd o.b., 138 …
- A-3723-16T4 Opinionnjcourts.gov… from the trial court's April 3, 2017 order dismissing his complaint with prejudice after the parties appeared for … and are deemed waived. See Zaman v. Felton, 219 N.J. 199, 226-27 (2014) (stating we "will decline to consider questions … in merits brief deemed abandoned). 3 A-3723-16T4 The facts gleaned from the record are summarized as follows. …
- A-2673-17T3 Opinionnjcourts.gov… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2673-17T3 NEW JERSEY DIVISION OF CHILD PROTECTION AND … but "relate to and overlap with one another to provide a comprehensive standard that identifies a child's best … N.J. at 348. 5 A-2673-17T3 Our review of a family judge's factual findings is limited. Cesare v. Cesare, 154 N.J. 394, …
- A-4681-16T2 Opinionnjcourts.gov… We reverse and order the judgment reinstated. The following facts are taken from the record. Plaintiff was an executive … of process. Specifically, he alleged the summons and complaint regarding the wage proceedings were improperly … appeal followed. I. As a general proposition we defer to "factual findings supported by adequate, substantial, …
- A-0055-17T2 Opinionnjcourts.gov… laws of New Jersey; SOUTHBROOK GARDENS; SALEM MANAGEMENT COMPANY; GOLD HABER a/k/a HABER GOLD and DEVELOPERS FUNDING … was appropriately granted. We summarize and consider the factual record in a light most favorable to plaintiff. R. … to 6 A-0055-17T2 interrogatories and admissions on file, together with the affidavits, if any, show that there is no …
- A-2430-16T4 Opinionnjcourts.gov… TRIAL. POINT V ESPECIALLY IN LIGHT OF THE STRONG MITIGATING FACTORS, THE TRIAL COURT ERRED BY DENYING DEFENDANT'S MOTION … RANGE BASED ON AN ERRONEOUS FINDING OF AGGRAVATING FACTOR TWO. a. The Sentencing Court Erroneously Found … III. We do not reach defendant's other arguments as they become moot in light of our decision that the conviction …
- A-0398-17T4 Opinionnjcourts.gov… M. Fernandez (Geraldine1). We affirm. I. The following facts are derived from the record. In 1999, Fontanilla was a … thereafter until the debt was paid. On November 10, 2012, a community hearing was held in the Philippines to address … that provision, Vons Cos., Inc. v. Seabest Foods, Inc., 926 P.2d 1085, 1091 (Cal. 1996), and the controlling United …
- A-5052-16T1 Opinionnjcourts.gov… his application. The ALJ determined the following facts pertinent to the summary decision motions were … it is not plainly unreasonable." Merin v. Maglaki, 126 N.J. 430, 436-37 (1992). "Absent arbitrary, unreasonable … such explicit text in the enabling statutes because it is common sense that disability retirees leave their jobs due …
- A-2065-17T1 Opinionnjcourts.gov… A-2065-17T1 Part, Small Claims section, which dismissed his complaint for breach of contract requesting $3000 to repair … the property, with the exception of the common property, together with any building improvements, and common elements … We afford a deferential standard of review to the factual findings of the trial court on appeal from a bench …
- A-5357-14T2 Opinionnjcourts.gov… the harassment conviction. I. We discern the following facts from the trial record. Following their divorce, … entered an order of protection prohibiting defendant from communicating with K.O. or their two children in any manner, … N.J. Super. 178, 182-83 (App. Div. 2004). Subsection (a) targets specific modes of speech, including communications "at …
- A-2818-18T1 Opinionnjcourts.gov… 2003, plaintiff T.A.B., the mother, filed a non-dissolution complaint seeking sole custody of the children, child … plus arrears of $25 per week established in a June 26, 2008 order. He argued that in 2017, his business had … N.J. 561, 571 (2002)). Accordingly, we generally defer to factual findings made by family courts when such findings …
- A-3155-16T1 Opinionnjcourts.gov… THE TRIAL COURT ERRED PREJUDICIALLY IN PERMITTING "FRESH- COMPLAINT" TESTIMONY WHICH FAR EXCEEDED THE PERMISSIBLE … comments prejudiced the jury against the defense. In fact, the jury acquitted defendant of aggravated sexual … victim, including her extreme youth. See State v. Taylor, 226 N.J. Super. 441, 453 (App. Div. 1988). The judge stated …
- A-2061-16T4 Opinionnjcourts.gov… and DeAlmeida. On appeal from the New Jersey Civil Service Commission, Docket No. 2015-3244. Arthur J. Murray argued … to consider his request as a "challenge/appeal of his de facto/constructive termination." In its November 30, 2016 … the public interest. See Zaman v. Felton, 219 N.J. 199, 226-27 (2014) (citation omitted). In any event, the record …
- A-3904-16T4 Opinionnjcourts.gov… Defendant, a physician, accepted employment in Georgia that commenced in September 2013, and the family moved there. … and then evaluated the best interests of the children under factors set forth in N.J.S.A. 9:2-4(c). She also contends … deference." Hitesman v. Bridgeway, Inc., 218 N.J. 8, 26 (2014) (quoting Manalapan Realty, L.P. v. Twp. Comm. of …