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njcourts.gov
… under the Affidavit of Merit Statute (AMS), N.J.S.A. 2A:53A-26 to -29, when a plaintiff's sole claim against a health … the order under review, and remand for reinstatement of the complaint. We summarize the facts from the limited record before the motion judge in a …
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njcourts.gov
… DIVISION DOCKET NO. A-4452-18T3 STATE OF NEW JERSEY, by the COMMISSIONER OF TRANSPORTATION, Plaintiff-Appellant/ … than compound, interest. We reverse and remand. I. The facts are undisputed. The Commissioner condemned property … "so clearly in conflict . . . that the two cannot stand together reasonably . . . ." See Dep't of Labor and Indus. v. …
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njcourts.gov
… Submitted March 8, 2022 – Decided May 26, 2022 Before Judges Fisher and DeAlmeida. On appeal from … 1:36-3. 2 A-1509-20 Fatou Jallow and dismissing his fraud complaint on res judicata grounds. We affirm. I. The parties … is limited to examining the legal sufficiency of the facts alleged on the face of the complaint." Printing …
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njcourts.gov
… 193, we affirm the access to the videos.2 To provide a more complete record should further review be necessary, we … affirm in part and remand in part. We derive the following facts from the material supplied by the parties. On August … the claimed exemptions. See Vaughn v. Rosen, 484 F.2d 820, 826-28 (D.C. Cir. 1973) cert. denied, 415 U.S. 977, 94 S. Ct. …
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njcourts.gov
… ________________________________ Submitted April 26, 2017 – Decided Before Judges Carroll and Gooden Brown. … actions caused the victim's death and that he was an accomplice to the robbery. 3 A-2515-15T4 Defendant's direct … However, the judge found that defendant "failed to satisfactorily explain, as required under [N.J.S.A.] 2A:84A- …
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njcourts.gov
… of N.J.A.C. 12:17-11.5(a)(3). I. We derive the following facts from the record. Rosas has a history of migraine … headaches (severe throbbing headaches that sometimes are accompanied by nausea and sensitivity to sound and light). 3 … Law Enf't Comm'n Advisory Op. No. 01-2008, 201 N.J. 254, 262 (2010). "We will defer to an agency's interpretation of …
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njcourts.gov
… DIVISION DOCKET NO. A-2475-17T5 IN THE MATTER OF THE CIVIL COMMITMENT OF E.S., SVP-769-17. … PER CURIAM E.S. appeals from the trial court's December 26, 2017 order entered following a review hearing pursuant … OFFENDERS. K. DR. HARRIS GAVE NO EMPIRICAL SUPPORT FOR RISK FACTORS. L. DR. HARRIS NEVER DEMONSTRATED ANY INDEPENDENT …
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njcourts.gov
… the third-degree theft charge. 3 A-0441-18T1 i. Sentencing Factors. Aggravating Factor (3) Aggravating Factor (4) Aggravating Factor (11) … factors found by the sentencing court were not based upon competent and credible evidence in the record; or (3) "the …
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njcourts.gov
… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2689-15T3 A-0535-16T4 POSITIVE HEALTH CARE, INC., … & Greenberg, LLC, attorneys for intervenor Madison Trust Company as collateral assignee of Stonefield Investment Fund … denied the motion on the grounds that there were material facts in dispute. On May 11, 2015, the Tax Court entered a …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY MALA SUNDAR … purposes of the exemption statute, N.J.S.A. 54:4-3.30. The facts are undisputed. Plaintiff begin serving in the United … N.J.S.A. 38A:1-3. All these definitions, considered together, indicate that training while in active military …
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njcourts.gov
… * NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY Mala Sundar … dismisses the Township’s counterclaim as untimely. 2 FACTS On April 2, 2018, plaintiff filed a timely direct … correction is unlike the attempted addition of an altogether new party in Prime Accounting Dept. Thus, the …
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njcourts.gov
… from a series of Law Division orders that dismissed his complaints with prejudice and denied reconsideration. We … nontuberculous mycobacteria, in persons with certain risk factors. MAC Lung Disease, American Lung Ass'n, … to determine whether a cause of action is 'suggested by the facts.'" Rezem Fam. Assocs., LP v. Borough of Millstone, 423 …
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njcourts.gov
… in other cases is limited. R. 1:36-3. 2 A-2723-21 INSURANCE COMPANY, IRON- SHORE INDEMNITY, INC., and SCOTTSDALE … captive insurer." Owens-Illinois, Inc. v. United Ins. Co., 264 N.J. Super. 460, 469 (App. Div. 1993), rev'd on other … Lieberman and Gray are unavailing. Gold cannot avoid the fact that I-R selected 4 On appeal, Gold argues the …
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njcourts.gov
… two unrelated indictments. In return, the State agreed to recommend a ten-year term of imprisonment on the assault … that to be admissible, the lyrics demonstrate a "specific factual connection that strongly tied defendant to the … of the guilty plea. [Tollett v. Henderson, 411 U.S. 258, 267 (1973).] As the Court explained in Knight, there are …
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njcourts.gov
… the motion. At sentencing, the judge found aggravating factor nine. N.J.S.A. 2C:44-1(a)(9) (need to deter defendant … the 3 A-4000-19T4 law). The judge found mitigating factors seven, N.J.S.A. 2C:44-1(b)(7) (defendant has no … character and attitude indicate he is unlikely to commit another offense); and the non-statutory mitigating …
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njcourts.gov
… Wenzel appeal the July 20, 2018 orders that dismissed their complaint in lieu of prerogative writs under Rules 4:6-2 and … referred to the Planning Board pursuant to N.J.S.A. 40:55D-26(a) and 40:55D-64 for its determination whether the … HEARING WHEN A COMPLAINT RAISES A GENUINE ISSUE OF MATERIAL FACT. In their reply brief, plaintiffs argue: I. THIS MATTER …
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njcourts.gov
… or assigning [the] lease." Plaintiff later filed a complaint against Peguero and an unauthorized tenant … R. 2:5-4(a). Pena's merits brief, however, contains these factual assertions; we use them not to determine this … whereby the tenant waives any rights under P.L.1981, c. 226 (C. 2A:18-61.22 et seq.) on or after the effective date …
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njcourts.gov
… opinions, the holdings of which we summarize here, for the factual background. In 2016, we considered whether plaintiff … the ensuing nineteen years, their relationship has . . . become the equal of that of a married couple. [Id. at 4]. As … defendant and her partner spent six or seven days together almost every week, dined together almost every night, …
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njcourts.gov
… pointed it at the manager and demanded money. The manager complied, giving him money from the company safe. The gun … ALTERNATIVE, BECAUSE THERE ARE GENUINE ISSUES OF MATERIAL FACT IN DISPUTE, THE PCR COURT ERRED IN DENYING AN … that there is a reasonable probability that if defendant's factual assertions were found to be true enforcement of the …
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njcourts.gov
… to vacate his guilty plea because he alleged an adequate factual basis was not presented at the plea hearing and … circumstances' because '[a]s time passes, justice becomes more elusive and the necessity for preserving finality … Afanador, 151 N.J. at 52 (quoting State v. Mitchell, 126 N.J. 565, 580 (1992)). The "burden to justify filing a …