njcourts.gov
… 5:70-3, 901.6.3; lack of a windowless basement-code complaint fire system, N.J.A.C. 5:70- 4.7(h); the exit … of justice so requires." That assessment is commonly fact-dependent on the particular circumstances involved, and … of the fines under the Penalty Enforcement Law and any factual issues concerning non- compliance with the Board's …
njcourts.gov
… in need of redevelopment. Plaintiffs claim the trial court committed legal and factual errors. We are unpersuaded and affirm. In March … standards. We affirm. I. "[P]lanning boards and governing bodies . . . have an obligation to rigorously comply with the …
njcourts.gov
… PCR petition was withdrawn without prejudice pending the outcome of the appeal.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 … about taint in cross- examination and in summation. The fact that the jury was not persuaded does not mean there was …
njcourts.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. … highways. Indeed, we have long recognized that governing bodies "must act when assembled at stated or special meetings, …
njcourts.gov
… DIVISION DOCKET NO. A-2248-18T2 NEW JERSEY MOTOR VEHICLE COMMISSION, Petitioner-Respondent, v. LARRY'S PROFESSIONAL … first time respondents violated the scan laws. . . . The fact is we do not know the reason or reasons respondents … N.J.A.C. 13:19- 1.2 that it was permitted to consider the factual allegations in the prior matters as violations …
njcourts.gov
… 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 … or defense and the main action have a question of law or fact in common." R. 12 A-0395-19T2 4:33-2; see also ACLU, …
njcourts.gov
… on March 29, and April 3, 2018. We incorporate the factual findings and legal conclusions contained in Judge Donaldson's decision and add the following comments. K.W. became pregnant with Jack soon after she and … bleeding disorder" and that "none of the[] laboratory studies would explain the bleeding in his head." When the …
njcourts.gov
… defendant with second-degree sexual assault upon K.K., by committing an act of sexual contact, specifically touching … set forth the essential elements of both offenses and the factual basis for the charges. Thus, defendant was fully … You are not partisans. You are judges; judges of the facts. The jury is directed to resume deliberations. …
njcourts.gov
… Judges Suter and Geiger. On appeal from the New Jersey Commissioner of Education, Docket No. 279-11/13. Colin M. … Gurbir S. Grewal, Attorney General, attorney for respondent Commissioner of Education (Caroline Jones, Deputy Attorney … words, conduct and all the surrounding circumstances and facts." Id. at 193. Appellants did not show that the layoff …
njcourts.gov
… appeal, we affirm. Based on Ferrante v. New Jersey Manufacturers Insurance Group, 232 N.J. 460 (2018), we conclude … vehicle. Assisted by counsel, DiMaria sought workers compensation benefits in the months following the collision. … of review), we discern no genuine issue of material fact, and conclude, as did the trial court, that Travelers …
default
… CARE CENTER, Defendant-Appellant/ Cross-Respondent, and COMPLETE CARE AT BEY LEA LLC, Defendant-Respondent/ … to apply to a long-term residence. Therefore, there is no factual support in the record to conclude that Maryann … of plaintiffs' claims related to the 2018 admission. The fact 17 A-3976-19 that the delegation clause was not …
default
… Faith Flanagan, of counsel and on the brief). Patrick F. Galdieri, II, Special Deputy Attorney General/Acting Assistant … F. Figueroa were indicted for second-degree conspiracy to commit robbery, first- degree robbery, second-degree … R. 3:25-4(i)(12). In applying these principles to the factual circumstances surrounding the August 19 pretrial …
default
… are performed. 1 See R. 2:2-3(a)(3) (deeming an order compelling or denying arbitration "a final judgment of the … District withheld $462,269, claiming the work was unsatisfactory. On March 14, 2018, Schneider filed a demand for … the PASS Agreement and RFP. Thus, we conclude under the facts presented that, absent its consent, the District was …
default
… 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 … (App. Div. 2012), we discern no abuse of discretion. If in fact the Probation accounting audit reveals a mere …
default
… APPELLATE DIVISION DOCKET NO. A-0381-19 75 PROSPECT HOLDING COMPANY, LLC, Plaintiff-Appellant, v. CITY OF EAST ORANGE … R. 1:36-3. 2 A-0381-19 Plaintiff 75 Prospect Holding Company, LLC, appeals the August 15, 2019, orders denying … month and acknowledged the lack of a notice to quit. Both facts established Code violations before the Rent Board. …
default
… of Fairfield since 1968. South State, Inc. (SSI) operates a competing business on a lot adjoining plaintiff's property. … Mining Ordinance a 1 As the two entities are sister companies with the same principals, we refer to them … A-4124-19 considered the presented evidence, including: the fact that plaintiff had mined continuously on its property …
njcourts.gov
… IN ADMITTING THE VIDEOTAPED STATEMENT OF THE FIVE-YEAR- OLD COMPLAINANT UNDER THE TENDER YEARS EXCEPTION TO THE HEARSAY … MADE CONFLICTING FINDINGS ON THE AGGRAVATING AND MITIGATING FACTORS, FINDING THAT THE DEFENDANT WAS UNLIKELY TO … shown that the judge erred in considering the sentencing factors. I 2 State v. Hampton, 61 N.J. 250 (1972); State v. …
njcourts.gov
… 2016, through prior counsel, plaintiff filed an eight-count complaint against defendants, followed by a first- 4 … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a … to determine whether it is "sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of …
njcourts.gov
… Law Division order denying his post-conviction motion to compel the submission of DNA evidence to the Combined DNA … 2A:84A-32a(d). In many instances, as here, the pivotal factor lies under subsection (d)(5), i.e., whether a new … given the other evidence implicating defendant and the fact that defendant's accomplices were never identified. 16 …
default
… of a firearm, 2A:151-41(a) (count three); conspiracy to commit armed robbery, N.J.S.A. 2A:98-1 (count 1 The offenses … a 200-month FET was set, due to defendant's "lack of satisfactory progress in reducing [his] likelihood of future … imposed without consideration of the juvenile sentencing factors enumerated in Miller, 567 U.S. at 477-78. Relying on …