-
njcourts.gov
… provided to the jury were improper and the PCR court committed error in denying his application as untimely. We … disagree and affirm. I. We briefly reiterate the underlying facts and procedural history taken from our opinion in … collateral review; or 7 A-1558-23 (B) the date on which the factual predicate for the relief sought was discovered, if …
-
njcourts.gov
… THE BAR MODEL CIVIL JURY CHARGES UPDATE The Supreme Court Committee on Model Civil Jury Charges (“Committee”) has … how the charge may be modified to address the specific facts of a failure to accommodate claim asserted against a … case, the Court addressed the application of the multi-factor test set forth in Galvao v. G.R. Robert Construction …
-
njcourts.gov
… a condition of defendant's probationary sentence, which was completed in 2016, we reverse and remand for issuance of an order so reflecting. We summarize the facts and procedural history from the limited record … municipalities. Defendant also was charged in a two-count complaint-warrant with contempt for violating a court order, …
-
njcourts.gov
… R. 1:36-3. 2 A-1021-22 and NATIONAL LOAN ACQUISITIONS COMPANY, Defendant/Intervenor- Respondent. … law and the legal consequences that flow from established facts are not entitled to any special deference." Manalapan … was asserting a lien against the settlement funds in satisfaction of the judgment owed by plaintiffs. NLAC filed its …
-
njcourts.gov
… a reopening of the FJOD. We affirm. Plaintiff filed a complaint for divorce in 2008. After extensive discovery, … 779 F.2d 1260, 1265 (7th Cir. 1985)). A trial court's factual findings "are binding on appeal when supported by … in his careful written opinion. The judge set forth his factual findings and credibility determinations in …
-
njcourts.gov
… 1 "An 'open plea' [is] one that d[oes] not include a recommendation from the State, nor a prior indication from the … burden, the defendant must allege and articulate specific facts that "provide the court with an adequate basis on … conducts an evidentiary hearing, we must uphold the court's factual findings, "so long as those findings are supported …
-
njcourts.gov
… in the record; and (3) whether, in applying the law to the facts, the administrative agency clearly erred in reaching … not entitled to those benefits, the New Jersey Unemployment Compensation Law requires repayment of the unemployment …
-
njcourts.gov
… ("DOC") upholding an adjudication and sanctions for committing prohibited act *.203, "possession . . . of any … detached hearing officer, and a written statement by the factfinder. Jones was also provided with the assistance of … erred" in applying the "legislative policies to the facts." In re Carter, 191 N.J. 474, 482- 83 (2007) (quoting …
-
njcourts.gov
… in other cases is limited. R. 1:36-3. 2 A-2361-23 In this commercial loan foreclosure case, defendants appeal the … we affirm. I. We presume the parties' familiarity with the factual and procedural background of this case and need not … that defendants tendered no genuine issues of material fact. Plaintiff presented the court with business records of …
-
njcourts.gov
… denied her request that the trial court take measures to compel defendant to comply with the provisions of the … proceedings consistent with this opinion. The salient facts are not in dispute. The parties were married in 2013 … that a court in a family action may grant additional remedies to a party as provided by Rule 5:3-7. The remedies …
-
njcourts.gov
… Three other officers were already there and four more were coming behind him." Appellant described what followed: At … in the record; and (3) whether in applying the law to the facts, the "agency clearly erred in reaching [its'] … of review, we discern no basis to disagree with the factual findings made by ALJ, which were adopted by the …
-
njcourts.gov
… June 10, 2022 order that dismissed his legal malpractice complaint against defendants Bryan L. Salamone, Esq., Bryan … conduct oral argument on defendants' motion to dismiss the complaint, and heard the matter with only defendants' … and remand for further proceedings. These are the salient facts. Plaintiff is a resident of New Jersey and defendants …
-
njcourts.gov
… judgment in favor of defendant and dismissed plaintiff's complaint. Plaintiff argues that the chancery court erred in … the execution of the Will. Because the trial court's factual and credibility findings were based on substantial … Appellate courts apply a deferential standard in reviewing factual findings by a trial judge. Balducci v. Cige, 240 …
-
njcourts.gov
… for the reasons expressed by Judge Colleen M. Flynn in her comprehensive, thirty-two-page written opinion. We summarize the pertinent facts and procedural history from the record before the PCR … trial motion. The judge applied and balanced the four-factor test enunciated by the United States Supreme Court in …
-
njcourts.gov
… to properly consider and weigh the applicable statutory factors in modifying his alimony obligations; erred by considering income defendant earned from the retirement account he … its consideration of the parties' incomes and other factors relevant to a modification of alimony under N.J.S.A. …
-
njcourts.gov
… County Prosecutor, attorney for respondent (Patrick F. Galdieri, II, Assistant Prosecutor, of counsel and on the … sentences. We afford deference to the PCR court's factual findings, but our interpretation of the law is de … explain the reasons for imposing consecutive sentences, the commission of such an error is not a cognizable ground for …
-
njcourts.gov
… period. On July 20, 2020, plaintiff filed a foreclosure complaint naming Nadia and Nasser as defendants. Plaintiff … elsewhere. Nadia did not inform the process server of this fact. Nadia did not respond to the foreclosure complaint, … interest in the property . To what degree this is true is a factual issue for the court to determine after plaintiff has …
-
njcourts.gov
… Keep Handy." The booklet's first eleven pages contain welcoming information and explain the coverage provided and the … to resolve disputes and otherwise limits the remedies available to you. Please see DISPUTE RESOLUTION section … arguments. We start by noting the apparently undisputed fact that the FAA applies,1 meaning that the national policy …
-
njcourts.gov
… violated N.J.A.C. 10A:4-4.1(a)(4)(viii) (.709), failure to comply with a written rule or regulation of the correctional … the charge was amended to prohibited act .709, failure to comply with a written rule or regulation of the correctional … 556 (App. Div. 2007). 4 A-1059-21 no misinterpretation of facts." Gramp noted, "[t]hroughout the pandemic, the wearing …
-
njcourts.gov
… Plaintiffs-Appellants, v. AMERICAN PROPERTY INSURANCE COMPANY, Defendant-Respondent. ____________________________ … with the affidavits," show no genuine issue of material fact and "the moving party is entitled to a judgment . . . … of the parties will be fulfilled." Flomerfelt v. Cardiello, 202 N.J. 432, 441 (2010). "If the insurance policy's …