Filters
- A-0113-18T2 Opinionnjcourts.gov… Somerset County, Docket No. L-0671-18. George T. Daggett, attorney for appellant. Gebhardt & Kiefer, PC, … since that time. In April 2018, Daggett filed a three-count complaint on behalf of plaintiff against defendants, the … are the 'same or substantially related' must be based in fact, as [the Court] ha[s] 'reject[ed] the appearance of …
- A-1169-17T2 Opinionnjcourts.gov… of the Municipal Land Use Law ("MLUL"), it was compelled to reverse and remand to the Board to weigh the … that the hot tub is "fairly well screened by the vegetation around it. I don't think the hot tub has any … to article 8 of this act; provided, however, that the fact that a proposed use is an inherently beneficial use …
- A-5045-18T2 Opinionnjcourts.gov… retained only A&A, and agreed to pay it an eight percent commission. With Walker's help, the Castons settled their … suffice at this stage to create a genuine issue of material fact and to defeat Walker's motion for partial summary … Castons' loss was $282,088.65, but they paid a fee on $191,826.65, leaving a balance due of $7,220.96.2 The Castons' …
- A-2655-15T4 Opinionnjcourts.gov… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2655-15T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JOY … 85 N.J. at 314. Regarding the first and third Carter factors, Judge Toto acknowledged that evidence that someone … AND 5 A-2655-15T4 EXONERATING THE DEFENDANT FROM THE COMMISSION OF THE CRIMES. A. THE DEFENDANT'S RIGHT TO A …
- A-4592-15T4 Opinionnjcourts.gov… 17, 2009, defendant was terminated from PTI due to non-compliance. On April 21, 2009, he pled guilty to the … penalty under the statute. The court found that aggravating factors three and nine2 preponderated over the absent mitigating factors, and the presumption of non-incarceration for …
- A-3707-16T5 Opinionnjcourts.gov… DIVISION DOCKET NO. A-3707-16T5 IN THE MATTER OF THE CIVIL COMMITMENT OF A.E.F., SVP-306-03. _________________________ … information, including the Static-99, is 'simply a factor to consider, weigh, or even reject, when engaging in … care and treatment." Ibid. (quoting N.J.S.A. 30:4-27.26). "[T]he mental condition must affect an individual's …
- A-0886-17T4 Opinionnjcourts.gov… Plaintiffs, v. PALIN ENTERPRISES, ASSOCIATED ELEVATOR COMPANIES, INC., and OTIS ELEVATOR CORPORATION, Defendants, … _______________________________________ Argued November 26, 2018 – Decided NOT FOR PUBLICATION WITHOUT THE APPROVAL … Mutual Insurance Company (the Greater New York Policy). The facts are undisputed. The appeal requires us to interpret …
- A-0491-17T1 Opinionnjcourts.gov… price of the AP Agreement. A&S also filed a motion to compel the turnover of the funds. Rapid appeals from an … generated by Tri-State and I had no reason to object. In fact, the physical assets of both companies were minimal, … by A&S ($281,994.39). Rapid contends that there was a factual dispute concerning the intent of the parties to the …
- A-2797-20 – CYNTHIA E. COVIE VS. BOARD OF TRUSTEES, ETC. (PUBLIC EMPLOYEES' RETIREMENT SYSTEM) Opinionnjcourts.gov… to continue their original PERS membership if they become reemployed in a PERS-eligible position within ten years … counsel, the Board determined that there were no disputed facts and denied the appeal without an administrative …
- A-2822-20 Opinionnjcourts.gov… DIVISION DOCKET NO. A-2822-20 DEUTSCHE BANK NATIONAL TRUST COMPANY, as trustee for GSAA HOME EQUITY TRUST 2007-5, … complaint be dismissed without prejudice. We glean these facts from the record. In December 2006, defendant borrowed … remedied. EMC Mortg. Corp. v. Chaudhri, 400 N.J. Super. 126, 139 (App. Div. 2008). In Guillaume, the …
- A-4948-15T3 Opinionnjcourts.gov… On appeal from the New Jersey Public Employment Relations Commission, Docket No. SN-2015-031. John J. Peirano argued … cause for respondent New Jersey Public Employment Relations Commission (Robin T. McMahon, General Council, attorney; Mr. … procedures. The Court reasoned, "[t]his is evidenced by the fact that the rules specifically leave to each local board …
- A-1860-15T4 Opinionnjcourts.gov… the mortgage on June 1, 2008. Plaintiff filed a foreclosure complaint against Peryea on September 19, 2008, and obtained … on the property. The straw buyers would sign documents to become members of Rivertown holding companies that received … is true, as the [Nisevics'] original mortgage was in fact paid off. Since that time, moreover, [the Nisevics] …
- A-0233-15T3/A-0291-15T3 Opinionnjcourts.gov… The Division referred Jill and Charles for counseling and recommended psychological evaluations and parenting … R.G., 217 N.J. 527, 552 (2014). We uphold a trial judge's factual findings if they are "supported by adequate, … L.J.D., 428 N.J. Super. 451, 479 (App. Div. 2012). Together they "provide a comprehensive standard that …
- A-2502-19 Opinionnjcourts.gov… I. Defendant, who was seventeen years old at the time he committed the underlying offenses was waived to adult court … and weighing the applicable aggravating and mitigating factors, Judge Blue, who was also the trial judge, … after the verdict, 4) investigate and present mitigating factors at resentencing, and 5) obtain affidavits from …
- A-2763-19 Opinionnjcourts.gov… him as a Tier II offender under the registration and community notification provisions of Megan's Law, N.J.S.A. … and a three-year non-custodial probationary sentence together with restraining orders, and reporting and … Community Notification Laws, ex. F (rev'd Feb. 2007). The factors are then all assigned weights with a multiplier, …
- A-2086-19 Opinionnjcourts.gov… an illegal sentence. We affirm. We recounted the underlying facts in our opinion on direct appeal: At approximately 1:00 … gun into the kitchen. O'Connor next saw the defendant's arm coming down as if he had placed something on top of a … trial court denied the motion on November 6, 2019. In its accompanying written decision, the court found: The holding in …
- A-2439-20 Opinionnjcourts.gov… matrimonial case, defendant Robert T. Bock, Jr., moved to compel plaintiff Annamaria Bock to comply with the parties' … by the court and the [p]laintiff has provided no new facts or law that would compel the [c]ourt to change its … in family matters.'" Thieme v. Aucoin-Thieme, 227 N.J. 269, 282-83 (2016) (quoting Cesare v. Cesare, 154 N.J. 394, …
- A-3336-20/A-3392-20 Opinionnjcourts.gov… NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION, Appellant. ___________________________ Argued … a final agency decision, adopting and incorporating the factual findings of the hearing examiner. PERC affirmed the … [N.J.S.A. 34:13A-5.4](c) or (d)3 . . . and its findings of fact, if based upon substantial evidence on the record as a …
- A-0912-20 Opinionnjcourts.gov… from an order granting defendants' motion to dismiss the complaint with prejudice for failure to file it within two … to a trial court's legal determinations when no issue of fact exists. Templo Fuente De Vida Corp. v. Nat'l Union Fire … 354, 379 (App. Div. A-0912-20 5 2012) (quoting Kocian v. Getty Refin. & Mktg. Co., 707 F.2d 748, 753 (3d Cir. 1983)). …
- A-3665-19 Opinionnjcourts.gov… Jersey appeals from an April 17, 2020 order dismissing its complaint seeking declaratory judgment against defendant … than $100,000[]. 2 N.J.S.A. 59:1-1 to 12-3. A-3665-19 3 The facts are undisputed. In May 2016, an Ocean County … and the provision of defense costs are 'wedded together.'" Id. at 236 n.8. [Id. at 444-45.] The Court held …