njcourts.gov
… be seeing "may or may not" be the perpetrators. D'Ambrosio completed a "Show-Up Identification Procedures Worksheet" … Decision Not To Suppress The Identification Was Based On Factual Findings Unsupported By The Record. B. P.V.'s … of Mr. Rouse. We defer to the trial court's findings of fact, so long as they are supported by sufficient credible …
njcourts.gov
… consequently, she moved in February 2016 for an order compelling payment of Thomas's fifty percent share of the … of either party to pursue an appropriate fee award upon completion of the remand proceedings. To explain our … was further limited or informed by paragraph 3. Indeed, the fact that Helen undertook to comply with her paragraph 3 …
njcourts.gov
… writs and dismissing five of the six counts in his complaint alleging due process violations.1 We affirm. … also challenged the investigation by an independent committee, the 1 Plaintiff stipulated to dismissal of the … due process rights and dismissed plaintiff's complaint. The facts giving rise to plaintiff's claims are straightforward. …
njcourts.gov
… with a Notice of Intent to Foreclose, plaintiff filed a complaint in August 2015. Fenner filed an answer, raising … defenses. After discovery concluded, both parties filed competing motions for summary judgment; plaintiff's motion … foreclose and that there were no genuine issues of material fact in dispute concerning such right. Because the matter …
njcourts.gov
… Plaintiffs-Respondents/ Cross-Appellants, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, Third-Party Defendant- Respondent, and AMERICA … Ins. Co., 210 N.J. 512, 525 (2012) (citing Flomerfelt v. Cardiello, 202 N.J. 432, 441 (2010)). Here, the wording of the …
njcourts.gov
… affirm. Absent an evidentiary hearing, our review of the factual inferences drawn by the PCR court from the record is … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. The array of inadequate … and defendant's sworn response that, notwithstanding that fact, he knowingly and voluntarily accepted the plea …
njcourts.gov
… went into receivership with the Federal Deposit Insurance Company (FDIC) acting as receiver. In September 2008, JP … all WAMU loans. On March 28, 2014, Chase Bank filed a complaint against defendant seeking to foreclose on the … foreclosure complaint and had fraudulently misrepresented facts in its certification of diligent inquiry. The Chancery …
njcourts.gov
… and O'Connor. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2015-1255 and 2016- 1528. Walter R. … argued the cause for respondent New Jersey Civil Service Commission (Gurbir S. Grewal, Attorney General, attorney; … to a "plenary hearing on genuine issues of material fact raised by appellant's appeals." Our review of the …
njcourts.gov
… The application stated appellant's primary sources of income were social security and pension benefits. It also … Without this information, [the] BCBSS was unable to complete its eligibility determination and the denial was … 182, 194 (2011)). In cases when an agency head reviews the fact-findings of an ALJ, a reviewing court must uphold the …
njcourts.gov
… add the following remarks. We incorporate by reference the facts and procedural history set forth in our October 17, … the occupants of the store from leaving while two of his accomplices removed jewelry from the cases. Although he was … direct appeal, which was limited to the adequacy of the factual basis for his guilty plea, and the sentence imposed. …
njcourts.gov
… "is clearly inappropriate due to the inmate's lack of satisfactory progress in reducing the likelihood of future … its increasing seriousness and (3) his prior opportunity on community supervision. Acknowledging that only five years … he contends his thirty-year incarceration makes those factors "less weighty" and that the use of those factors – …
njcourts.gov
… 7, 2016, plaintiff Bergenline Avenue LLC filed a verified complaint for eviction against defendant pursuant to … of the evidence. "Our review of a judge's findings of fact in a bench trial is limited." Mountain Hill, LLC v. … Ins. Co., 65 N.J. 474, 484 (1974)). We do not disturb the factual findings and legal conclusions of the trial judge in …
njcourts.gov
… LLC, ASSIGNEE CHASE BANK USA NA; MILES, INC.; MORRISON & COMPANY, PA; PNC BANK, NA; SEOULBANK; SINA INTERNATIONAL … later in January 2009. As reflected in the 2016 foreclosure complaint and in plaintiff's counsel's certification of … failed to offer conflicting proof or establish a contested fact to be resolved, the judge determined no hearing was …
njcourts.gov
… BEEN GRANTED BECAUSE AT ORAL ARGUMENT HE PROVED THAT THE FACTUAL PREDICATE FOR THE RELIEF SOUGHT COULD NOT HAVE BEEN … THROUGH THE EXERCISE OF REASONABLE DILIGENCE, AND THE FACTS TO THE FARETTA ISSUE THAT WAS RAISED IN THE PCR COURT … DEFENDANT WITH A FAIR PROCEEDING LEADING TO A JUST OUTCOME. We affirm the denial of defendant's second PCR …
default
… against plaintiff.1 We affirm. We recite the relevant facts from the record. Valvano, Kramer, Smith, and Torres … and control the business, affairs, and operations of the Company[.]" 1 Kramer, Smith, and Torres asserted the … Using these reports, KSTV deducted the expenses from its income when it filed income tax returns. Kramer, Smith, and …
default
… chronic obstructive pulmonary disease, morbid obesity, complex tachycardia, sepsis, hypotensive shock, and system … ability to present their case was not impaired; in fact we are persuaded this series of events inured to their …
default
… to 1 MDMA, or methylenedioxymethamphetamine, is a CDS commonly known by the street names Ecstasy or Molly. 3 … analysis, the trial judge must consider and balance four factors: "(1) whether the defendant has asserted a colorable … advantage to the accused." Id. at 157-58. "No single Slater factor is dispositive; 'if one is missing, that does not …
default
… him with multiple counts of second degree conspiracy to commit official misconduct, N.J.S.A. 2C:3-2, second degree … period of parole ineligibility. The judge found aggravating factors N.J.S.A. 2C:44-1(a) (3), the risk defendant will … from violating the law; the judge also found mitigating factors N.J.S.A. 2C:44-1(b) (2), defendant did not …
default
… FERRIOLA, Plaintiff-Appellant, v. THE CINCINNATI INSURANCE COMPANY, Defendant-Respondent. … by not considering the entire lost wage claim and workers' compensation lien. We disagree and affirm. Plaintiff … the first award, the arbitrators did not make findings of facts or conclusions of law or properly explain the reason …
njcourts.gov
… of an earlier order that denied his motion to amend his complaint. For the reasons that follow, we affirm. On … 19, 2016, Clifton moved for summary judgment, invoking the common law doctrine of snow removal immunity accorded to … here. Plaintiff has failed to present any new facts that were not available at the time the motion to …