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- A-0281-18T1 Opinionnjcourts.gov… Jersey, Law Division, Essex County, Indictment Nos. 05-11-2686 and 05-11-2687. Joseph E. Krakora, Public Defender, … PCR petition was withdrawn without prejudice pending the outcome of the appeal. In 2017, we affirmed defendant's … by pleading guilty because he would have to admit to a factual basis for the crimes. Another issue was that …
- A-2095-18T4 Opinionnjcourts.gov… Borough) appeals from a final agency decision issued by the Commissioner of the New Jersey Department of Transportation … not have been reasonably made on a showing of the relevant factors when applying the legislative policies to the facts. … or subject should be read in pari materia and construed together as a unitary and harmonious whole." Id. at 14- 15. …
- A-4138-16T2 Opinionnjcourts.gov… school is at full capacity and consequently unable to accommodate all of the students who fall within this … sovereignty. The Law Division did not find any legal or factual grounds to support North Wildwood's position. We … is plenary." Ibid. (citing Abbott v. Burke, 100 N.J. 269, 301 (1985)). Thus, "the Commissioner of Education has …
- A-3139-17T1 Opinionnjcourts.gov… 19, 2017 final binding award of the arbitrator and his accompanying written decision. On November 14, 2017, a Family … unpersuaded by these arguments and affirm. I. The pertinent facts and procedural history are largely undisputed. … process. Accordingly, when we consider the two documents together, we agree with the motion judge, and the arbitrator …
- A-0395-19T2 Opinionnjcourts.gov… of New Jersey, Law Division, Essex County, Docket No. L-2266-19. Darren C. Barreiro argued the cause for appellant … Plaintiff James Kennedy, II, alleges in his March 2019 complaint that defendant Weichert Co. misclassified him and … class's right to relief, NJR professed no knowledge of the factual allegations specific to Kennedy's relationship with …
- A-1340-17T3 Opinionnjcourts.gov… A separate escrow agreement was prepared but never completed. It had no signature page and did not list the … II We afford a deferential standard of review to the factual findings of the trial court on appeal from a bench … that plaintiff was suing under the wrong policy. Those facts have nothing to do with the present case; there was no …
- A-0176-17T3 Opinionnjcourts.gov… their understanding that "at such time that mother becomes a bona fide resident of the State of New Jersey, … expenses without a plenary hearing to review the Newburgh factors.2 II "[W]e accord great deference to discretionary … deference." Hitesman v. Bridgeway, Inc., 218 N.J. 8, 26 (2014) (quoting Manalapan Realty, L.P. v. Twp. Comm. of …
- A-5237-17T1 Opinionnjcourts.gov… administration of the estate, plaintiff filed a verified complaint and an order to show cause (OTSC) to remove defendant as executor and compel an informal accounting of the estate. The court … as the judge noted in his decision in April 2018, the fact that Paragraph 6 only expressly identified plaintiff's …
- A-3156-17T2 Opinionnjcourts.gov… health problems that worsened in 2008 when she became non-compliant with her medication. In February 2009, plaintiff … responsible for her conduct back on January 16, 2013. The fact remains, however, that plaintiff's conduct on that … Court Rules, cmt. 6.1 on R. 2:5-1(e)(1) (2019); see also 1266 Apt. Corp. v. New Horizon Deli, Inc., 368 N.J. Super. …
- A-5074-16T3 Opinionnjcourts.gov… onto Sandford Street.1 Appellant heard only minimal radio communications concerning how the situation with the suspect … Nothing in the video materially contradicts the ALJ's factual findings. See State v. S.S., 229 N.J. 360, 374-81 … (2017) (clarifying the limited scope of appellate review of factual findings based on video evidence). 9 A-5074-16T3 the …
- A-3792-17T1 Opinionnjcourts.gov… JERSEY APPELLATE DIVISION DOCKET NO. A-3792-17T1 STATEWIDE COMMERCIAL CLEANING, LLC, Plaintiff-Appellant, v. FIRST … GOD, Defendant/Third-Party Plaintiff, v. MERCER INSURANCE COMPANY OF NEW JERSEY, INC., Third-Party Defendant- … and the Mediation Settlement Agreement. It is on those facts that the [c]ourt found the award of the appraisal …
- A-4283-19 Opinionnjcourts.gov… capacity and on behalf of a putative class action, filed a complaint against defendants, satellite radio providers,1 … contract, or by conduct, creating a contract implied-in-fact." 128 N.J. at 436 (emphasis added). The totality of … specific language, font size, or format, but rather lists factors for a court to consider when determining whether a …
- A-4355-19 Opinionnjcourts.gov… matter, plaintiff Dania Hajjar appeals from the June 26, 2020 Family Part order substantially reducing the … with different judges, primarily over defendant's noncompliance with his support obligations and failure to … the pandemic]." Without further analysis of the requisite factors or governing principles, the judge concluded "given …
- A-0381-19 Opinionnjcourts.gov… APPELLATE DIVISION DOCKET NO. A-0381-19 75 PROSPECT HOLDING COMPANY, LLC, Plaintiff-Appellant, v. CITY OF EAST ORANGE … for Thomas's apartment was $2,700 per month. On October 26, 2016, Thomas signed a lease with the prior owner, … month and acknowledged the lack of a notice to quit. Both facts established Code violations before the Rent Board. …
- A-4124-19 Opinionnjcourts.gov… of Fairfield since 1968. South State, Inc. (SSI) operates a competing business on a lot adjoining plaintiff's property. … (citing Kramer v. Bd. of Adjustment, Sea Girt, 45 N.J. 268, 285 (1965)). "Ordinarily, when a party challenges a . . … A-4124-19 considered the presented evidence, including: the fact that plaintiff had mined continuously on its property …
- A-4567-18 Opinionnjcourts.gov… in public employment and governing the investigation of complaints about that conduct. When plaintiff filed this … to N.J.A.C. 4A:7-3.1(j). 3 A-4567-18 I. On or about May 26, 2016, plaintiff filed an internal complaint with the … – and does not create a confidentiality requirement. In fact, we know, as expressed by the CSC, the intent behind …
- A-0453-20 Opinionnjcourts.gov… decisions issued with the challenged orders. The salient facts taken from the record are summarized as follows. The … the QDRO and to pay Pension Appraisers the full $495 to commence the QDRO's preparation within seven days. On July … in family matters.'" Thieme v. Aucoin-Thieme, 227 N.J. 269, 282-83 (2016) (quoting Cesare, 154 N.J. at 413). "Thus, …
- A-4562-19 Opinionnjcourts.gov… court order denying, in part, their motion to dismiss the complaint of plaintiff Pomum Liber, LLC and compel … to the other four. Accordingly, we affirm. Although the facts are hotly disputed, the basic contours of the … Agreement." Nothing in the agreements ties the loans together or draws the subsequent loans under the supposed …
- A-4148-19 Opinionnjcourts.gov… Of New Jersey, Plaintiff-Respondent, v. STAR INSURANCE COMPANY and MEADOWBROOK, INC., Defendants-Appellants. … policy number CP 0641963 from defendants Star Insurance Company and Meadowbrook Inc. (collectively, Star). On April … 520, 536 (1995)). If there is no genuine issue of material fact, we must then "decide whether the trial court correctly …
- A-4170-18T1 Opinionnjcourts.gov… the parent coordinator contrary to their February 26, 2014 consent order. Defendant requested counsel fees and … arrearages," demonstrating that plaintiff failed to comply with the MSA and court orders dated May 20, 2013, … for attorney's fees and costs. The court considered factors under Rule 5:3-5 and Rule 4:42-9, finding it …