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… Cross-Respondent, v. WAWA, INC., and SHERWIN WILLIAMS COMPANY, Defendants-Respondents/ Cross-Appellants, and … for respondent/cross-appellant The Sherwin-Williams Company1 (Meaghann C. Porth, on the briefs). Garvey Ballou, … defendants' summary- judgment motions, which were based primarily on the purported deficiencies of the report of …
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… March 12, 2024 – Decided May 10, 2024 1 Although the outcome of criminal charges brought against defendant Marco … OF ADVERSE ACTION BY []DOC TO SATISFY THAT ELEMENT OF A PRIMA FACIE CASE OF RETALIATION, AND FOR THE TRIAL JUDGE TO … record suggests plaintiff exhausted her administrative remedies under N.J.A.C. 10A:1-4.4. And contrary to plaintiff's …
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… expert witnesses in support of the 2021 Application. After completion of the Yeshiva's testimony regarding the 2021 … Following the objectors' arguments, the Board considered comments from members of the public regarding the 2021 … The Association asserted a dormitory under the UDO was a primary principal use associated with a planned educational …
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… because his parents had argued, and his father threw a computer. Jim had trepidation in discussing the incident but … The caseworker contacted the local police department to complete a welfare check on Joe after Jill advised he was … concern and the best interests of the child shall be a primary consideration"). "The purpose of a fact-finding …
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… Jennifer Amato joined a youth chatroom on Chat-Avenue.com and adopted an undercover persona of a thirteen-year-old … to J.G. in Medford Township. Amato, who continued to communicate with "Jonny Duh" over Kik Messenger, searched … in the pictures provided by "Jonny Duh." Amato continued to communicate with "Jonny Duh" into June of 2018. The State …
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… dismissed. As part of the agreement, the State agreed to recommend a sentence of probation, with various conditions, … defendant, he did appear at Avenel for the evaluation and completed some of the other presentencing steps the court … sufficiently plausible on their face to be indicative of a prima facie case of ineffectiveness, and, as such, a plenary …
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… 1978 to 1982, when they were members of the club.3 Seeking compensatory and punitive damages, plaintiffs sued the New … County BGC, BGCA moved under Rule 4:6-2(b) to dismiss the complaints for lack of jurisdiction. The motion was denied. … service to their boy members; and . . . assistance to communities in the establishment of new Boys' Clubs." A …
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… a September 26, 2022 order dismissing with prejudice their complaint, and an October 17, 2022 order awarding defendant … over there. Attorney: And where - - where did you fall in comparison to where the lady in red is standing? Hernandez: … Now, are you able, Ms. Hernandez, to use the cursor on your computer to point to the area where you fell? Hernandez: Let …
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… to argue defendant's relative age—twenty-three when he committed the offenses to which he pleaded guilty—and … charging defendant with second- degree conspiracy to commit kidnapping, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:13- … IS ENTITLED TO AN EVIDENTIARY HEARING AS HE ESTABLISHED A PRIMA FACIE CASE THAT SENTENCING COUNSEL'S FAILURE TO …
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… County Prosecutor, attorney for respondent (Patrick F. Galdieri, II, Assistant Prosecutor, of counsel and on the … the scene and attempted to initiate a stop but only Jackson complied with the officer's instructions to stop. Defendant … we first addressed whether a defendant can establish a prima facie case of discrimination through evidence and 3 …
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… 2C:35-4; second-degree possession of a firearm while committing a CDS offense, N.J.S.A. 2C:39-4.1(a); and … 2C:39-7(b)(1). 3 A-0282-21 Point I THE [TRIAL] COURT COMMITTED REVERSIBLE ERROR IN FAILING TO DISMISS THE … TO ARTICLE III OF THE IAD. Point II THE [TRIAL] COURT COMMITTED REVERSIBLE ERROR IN NOT AWARDING EQUITABLE OR GAP …
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… the November 19, 2021 Law Division order dismissing its complaint with prejudice. Plaintiff filed a complaint in lieu of prerogative writs challenging the … in 3 A-1135-21 the Town Center 1 (TC1) Zone, a small-scale commercial subdistrict in Berkeley Township. Plaintiff, a …
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… DIVISION DOCKET NO. A-1918-22 UNITED STATES FIRE INSURANCE COMPANY, Plaintiff-Respondent, v. MACHANE OF RICHMOND, LLC, … judgment in favor of plaintiff United States Fire Insurance Company (U.S. Fire) rescinding a policy of insurance it … property damage caused 2 Because Alexander and Sara share a common surname, we refer to Alexander using his first name. …
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… contaminated groundwater pursuant to the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.1 to -23.24, … and warehouses on its property in furtherance of a commercial redevelopment project. Defendant advised … requested access plaintiff must either await defendant's completion of its construction- related work or indemnify …
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… order entered on April 27, 2018, that dismissed their complaint against Dr. Kar and denied their motion to add the … under the Act. That notice was also not in substantial compliance with the notice requirements of the Act. … did not err in denying plaintiffs' motion to amend their complaint to name the State of New Jersey as a defendant. I. …
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… denying defendant's motion to dismiss the foreclosure complaint; an August 29, 2017 order, entering final judgment … as follows: [Bayview] argues that they have proven the prima facie right to foreclose as they have shown defendant … ; a computation of accrued interest; a statement of the per diem interest accruing from the date of the affidavit; and …
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… that our Supreme Court's holding in Spade v. Select Comfort Corp., 232 N.J. 504 (2018), issued after he filed … v. Wallace, 76 N.J. 434, 439 (1978)). The Legislature's primary focus was usurious interest rates, and to "protect … 1981) ("We have no doubt that the evil sought to be remedied by N.J.S.A. 17:16C-1 [to -61] is the charging of …
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… the State's testifying expert, and should have retained a competing DNA expert. The same judge who had presided over … FOR AN EVIDENTIARY HEARING BECAUSE DEFENDANT ESTABLISHED A PRIMA FACIE CASE OF TRIAL COUNSEL'S INEFFECTIVENESS, IN THAT … BY HIS OWN ADMISSION, WAS UNPREPARED AND FAILED TO MOUNT A COMPLETE DEFENSE DUE TO LACK OF INVESTIGATION. POINT II THIS …
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… In addition, plaintiff alleged that defendant and J.D. had comingled their finances. Plaintiff provided the court with … and J.D. as "[f]uture homeowners" in a residential community near Newtown, Pennsylvania. The publication also … The judge also found that plaintiff had not established a prima facie case of cohabitation because his proofs did not …
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… an evidentiary hearing that he failed to establish a prima facie case of ineffective assistance of counsel under … its contents. 5 A-3293-17T3 fundamental injustice" to overcome Rule 3:22-12's limitations. Further, the court found … by failing to file appropriate pre-trial motions and compel discovery. Additionally, defendant asserted his first …