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… Submitted December 12, 2023 – Decided December 22, 2023 Before Judges Mayer and Enright. On appeal from the Superior … relief (PCR) without an evidentiary hearing. We affirm. The facts leading to defendant's conviction for aggravated … in the second- degree range. In a July 19, 2022 order and accompanying written decision, the PCR judge denied …
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… Submitted November 6, 2023 – Decided January 26, 2024 Before Judges Berdote Byrne and Bishop-Thompson. On appeal … police officers located the stolen vehicle at an apartment complex in Edison where defendant was staying. Police … Second, trial counsel "pressured" him to plead guilty. The factual and legal determinations made by a PCR court are …
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… and PELAS CAPITAL MANAGEMENT, INC., d/b/a WALKER FOREST, LLC, IMWOTH, LLC, d/b/a AUTOSHRED NJ, and PETER … We affirm. 3 A-0167-22 The parties are familiar with the facts, which are summarized in our prior decision. Bonefish … and the Levitt defendants asserting it was owed a commission for the sale of Autoshred. 4 A-0167-22 the exact …
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… of BCR OAKRIDGE, LLC, Plaintiffs-Respondents, and NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … in that same order. We affirm. We incorporate the facts from our prior decision. See Ringel v. BR Lakewood, … at 9. Based on prior trial court orders, the parties were compelled to list the Pinewood Property for sale and …
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… Argued May 16, 2023 – Decided June 14, 2023 Before Judges Messano and Gummer. On appeal from the Superior … Plaintiff suffered a fractured left tibia and filed a complaint against defendant alleging negligent maintenance … the store. After the fall, plaintiff noticed a "dark greasy spot" on the floor, which he surmised was "[p]robably …
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… Argued May 23, 2023 – Decided June 15, 2023 Before Judges Gilson and Rose. On appeal from the Board of … The parties moved into evidence a joint stipulation of facts and documents, and S.O. submitted additional … adduced at the hearing are set forth at length in the ALJ's comprehensive written decision and need not be repeated here …
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… Argued February 13, 2024 – Decided April 11, 2024 Before Judges Whipple and Paganelli. On appeal from the … a search warrant six days later. We affirm. We glean the facts from the motion record. The State summoned Officer … the State explains "it took the time to review and compile the various accounts of the investigation by …
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… v. SPRING OAKS CAPITAL SPV, LLC, Defendant-Respondent, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … April 14, 2023 order granting the joint motion to compel arbitration filed by plaintiff/third-party defendants … he must aver and prove that the cause of action was, in fact, assigned to him."). The Pagaya and Spring Oaks …
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… Submitted November 15, 2023 – Decided December 13, 2023 Before Judges Firko and Vanek. On appeal from the Superior … and Kaps. The court found that since defendant had not come forward with any proofs as to the net contributions, … of the funds in the joint accounts from the court altogether. Plaintiff asserts that the court requested defendant …
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… Submitted December 12, 2023 – Decided March 19, 2024 Before Judges Sumners and Smith. On appeal from the Superior … denial of reconsideration of its June 29, 2022 order compelling that plaintiff's parenting time be supervised at … settlement agreement. The parties have two minor children together, C.M. and E.M. Since 2016, the record shows plaintiff …
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… Submitted May 13, 2024 – Decided July 5, 2024 Before Judges Gilson and DeAlmeida. On appeal from the Board … papers, faxing documents, making copies, inputting data on computers, assisting caseworkers, and occasionally picking … in the record; and (3) whether in applying the law to the facts, the administrative agency "clearly erred in reaching" …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-3163-22 GREENBRIAR COMMUNITY ASSOCIATION, INC., Plaintiff-Appellant, v. CARLA … Submitted May 20, 2024 – Decided July 9, 2024 Before Judges Gilson and Berdote Byrne. On appeal from the … and reasonable attorneys' fees to be fixed by the court together with costs of the action. Moreover, plaintiff was the …
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… Submitted February 28, 2023 – Decided May 4, 2023 Before Judges Geiger and Berdote Byrne. On appeal from the … and thorough written opinion. We add the following brief comments. On March 12, 2010, defendant scaled a building and … we afford deference to the PCR court's findings of fact, but our interpretation of the law is de novo. State v. …
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… Submitted April 15, 2024 – Decided September 5, 2024 Before Judges Gilson and Bishop-Thompson. On appeal from the … of recordation of the Miranda1 warnings and waiver as a factor in analyzing whether defendant understood and waived … was "neither cognitively nor incapable of abstract comprehension"; (3) the record amply supported the judge's …
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… Submitted May 16, 2023 – Decided August 9, 2023 Before Judges Messano and Gummer. On appeal from the Superior … executor of the estate of John Y. Wei, filed this pro se complaint against defendants Penn National Insurance Company … as follows: I am satisfied . . . that they are not, in fact, different parties, for purposes of . . . res judicata …
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… MICHAEL MARIGLIANO, JR., Defendants, and GEICO INDEMNITY COMPANY,1 Defendant-Respondent. Argued October 4, 2023 – Decided November 21, 2023 Before Judges Currier and Firko. On appeal from the Superior … Bufardeci. Plaintiff further contends there was an issue of fact whether 3 On September 13, 2022, the court issued an …
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… Submitted December 4, 2023 – Decided April 1, 2024 Before Judges DeAlmeida and Berdote Byrne. On appeal from the … on defendants obtaining a $300,000 written mortgage loan commitment from a lender with terms at least as favorable as … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …
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… Submitted April 16, 2024 – Decided May 1, 2024 Before Judges Smith and Perez Friscia. On appeal from the New Jersey Civil Service Commission, Docket No. 2021-1628. Destribats Campbell Staub … Bennette's lack of candor was "an egregious aggravating factor." The Commission then issued an FAD adopting the …
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… Submitted January 29, 2024 – Decided July 12, 2024 Before Judges DeAlmeida and Bishop-Thompson. On appeal from … jury charged defendant with first- degree conspiracy to commit murder or attempted murder, N.J.S.A. 2C:5-2 and … The judge further determined defendant provided an adequate factual basis for his plea and entered a plea "freely and …
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… Submitted May 29, 2024 – Decided July 19, 2024 Before Judges Sumners and Rose. On appeal from the Superior … of the parties' stipulation of settlement, we affirm. The facts and procedural history are not complicated. In May 2018, defendant obtained a $50,000 loan …