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- A-1099-19 Opinionnjcourts.gov… (Badr) appeals from orders dismissing its third-party complaint for indemnification and contribution against … Silviera-Francisco v. Bd. of Educ. of Elizabeth, 224 N.J. 126, 136 (2016) (explaining that in a multi-party case, "an … interpretation and application of the TCA to undisputed facts is a legal determination that we review de novo. …
- A-0551-18T2 Opinionnjcourts.gov… Trust were immune from execution. We affirm. The material facts the parties presented on the motion record provide the … other banks began loaning money to Gregory's real estate company, Pouliot, Inc. Three such loans from Provident … ambiguity. Conway v. 287 Corp. Ctr. Assocs., 187 N.J. 259, 269 (2006). "Such evidence is adducible only for the purpose …
- A-4469-18T3 Opinionnjcourts.gov… by the trial court on May 10, 2019, which dismissed its complaint for failure to comply with the Affidavit of Merit (AOM) statute, N.J.S.A. 2A:53A-26 to -29. We affirm. I. In June 2018, plaintiff filed a … that 6 A-4469-18T3 [b]ased on [his] understanding of the facts alleged in the [c]omplaint, and assuming that the …
- BER-L-2262-18 Opinionnjcourts.gov… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SAMUEL S. RAIA, et al., Plaintiffs, v. … NEW JERSEY LAW DIVISION – BERGEN COUNTY DOCKET NO. BER-L-2262-18 Civil Action SAMUEL S. RAIA, et al., Plaintiffs, v. … on behalf of defendant CohnReznick LLP (from Saiber LLC) FACTUAL BACKGROUND THIS MATTER arises out of the …
- HUD-L-3957-18 Opinionnjcourts.gov… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY HUDSON … Corporation Counsel’s Office, attorneys). Bariso, A.J.S.C. Factual Background and Procedural History This matter arises … Kozusko v. Garretson, 102 N.J.L. 508, 510 (N.J. 1926) (citing Mount v. Parker, 32 N.J.L. 341 (N.J. 1867)). …
- A-2012-15T3 Opinionnjcourts.gov… On November 15, 1988, plaintiff filed a domestic violence complaint in the trial court. The complaint was filed under … and replaced by N.J.S.A. 2C:25-17 to -35. L. 1991, c. 261, § 20. In her complaint, plaintiff alleged that on … in N.J.S.A. 2C:25-29(d) violates the prohibition on ex post facto legislation; (2) the trial court failed to consider …
- A-4955-15T2 Opinionnjcourts.gov… and Hoffman. On appeal from the New Jersey Motor Vehicle Commission. Michael Confusione argued the cause for … is limited. R.1:36-3. August 17, 2017 2 A-4955-15T2 satisfaction of $912.30 in unpaid tolls and $12,225 in … fee was raised from $25 to $50. See 43 N.J.R. 2672(b). This rule change was first proposed on June 6, …
- A-0765-15T3 Opinionnjcourts.gov… bought their property in 2004, grass covered the area comprising the easement. In April 2008, defendant hired a … following a bench trial is well-settled. The trial court's factual findings are to be upheld if supported by sufficient … used by them." Homann v. Torchinsky, 296 N.J. Super. 326, 334 (App. Div.), certif. denied, 149 N.J. 141 (1997). If …
- njcourts.gov… several luxury residential high-rise apartment buildings comprising about 1200 units, multiple commercial retail units, parking garages, a park, a … terms of approval of a PUD. See N.J.S.A. 40:55D-45.6(a). In fact, the developer's agreement between Shipyard and the …
- A-2988-14T1 Opinionnjcourts.gov… of Highland Park (the Borough). Plaintiffs filed a verified complaint challenging the constitutionality of a municipal … well-established standards in Crowe v. De Gioia, 90 N.J. 126 (1982), to determine whether plaintiffs were entitled to … has been no determination by this [c]ourt or a finder of fact that there has been a violation by the defendant of . . …
- A-0675-14T1 Opinionnjcourts.gov… that was robbed; and Emendo E. Bowers, defendant's accomplice in the robbery. The manager testified that shortly … Div.), certif. denied, 170 N.J. 209 (2001); State v. Smith, 262 N.J. Super. 487, 511-12 (App. Div.), certif. denied, 134 … However, there is no miscarriage of law if the "trier of fact could rationally have found beyond a reasonable doubt …
- A-2722-14T3 Opinionnjcourts.gov… remand for a new trial. Alessi and co-worker, Philip Izzo, commenced a dating relationship in 2011. At the time, Izzo … vehicle. By agreement, Alessi parked her car at a local Target store. She was transported from that location by … false reports, and hindering apprehension. 5 There was a factual dispute between Donaruma's and Alessi's accounts of …
- A-5733-14T4 Opinionnjcourts.gov… v. E&B MILL SUPPLY CO.; GENERAL ELECTRIC CO.; HOMASOTE COMPANY; LAIRD PLASTICS, INC., individually and as … both the August 21, 2015 and July 10, 2015 orders. February 26, 2018 3 A-5733-14T4 or limited the "report, opinions and … in limine and summary judgment orders. We relate only such facts from the record as are necessary for our …
- A-5091-15T1 Opinionnjcourts.gov… Judge." One year later, in July 2013, plaintiff filed a complaint in the Law Division alleging violations of the … the non- moving party, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of … Div. of Youth & Family Servs. v. M.Y.J.P., 360 N.J. Super. 426, 464 (App. Div. 2003). Substantive due process "protects …
- A-5003-15T2 Opinionnjcourts.gov… 2016, which affirmed the Board's action and dismissed the complaint. Plaintiff Jeffrey J. Carr appeals from the trial … from the lease would contribute to the Church's budget. Members of the public were permitted to comment, and … 13, 2015 meeting should have been considered final. The fact remains, however, that the Board member abstained from …
- A-2217-15T5 Opinionnjcourts.gov… DIVISION DOCKET NO. A-2217-15T5 IN THE MATTER OF THE CIVIL COMMITMENT OF A.M. SVP-716-15. ___________________________ … offenses committed as a juvenile to be a strong aggravating factor because when an individual offends as 6 A-2217-15T5 … facility for control, care and treatment." N.J.S.A. 30:4-27.26. "[T]he State must prove that threat [to the health and …
- A-3174-16T1 Opinionnjcourts.gov… with his minor children. We affirm. We derive the following facts from the record. J.C. is a convicted sex offender who … J.C. was also adjudged to be a repetitive and compulsive sex offender, and thus confined to the Adult … Bowden v. Bayside State Prison (Dep't of Corr.), 268 N.J. Super. 301, 304 (App. Div. 1993). As noted, J.C. …
- A-4108-16T1 Opinionnjcourts.gov… on July 26, 2016 and September 30, 2016. The following facts were adduced at the suppression hearings. At 10:00 … arrest, defendant was not permitted to contact the rental company to clarify the registration information. Barbagli … unwilling to do so, an officer may conduct a brief and targeted search of the area where the registration might …
- A-0037-17T3 Opinionnjcourts.gov… Board denied plaintiffs' application. Plaintiffs filed a complaint in lieu of prerogative writs. The Law Division … front of the property contained "a substantial amount of vegetation and a vineyard[,]" and locating the conservatory in … N.J. at 81). While we accord substantial deference to the factual 11 A-0037-17T3 findings of the Board, its …
- A-2515-17T2 Opinionnjcourts.gov… on the brief). PER CURIAM Plaintiff appeals from May 26, September 8, and December 1, 2017 orders, which granted … tuition for the parties' daughter. We affirm. The following facts are taken from the motion record. The parties were … education, such dispute may be submitted to a [c]ourt of competent jurisdiction. Additionally, the MSA addressed …