-
njcourts.gov
… presented a topographical problem because hoop houses are commonly constructed on level ground. As a result, Quaker … the use of the land solely for agricultural purposes. (p. 26) 2. The criteria for evaluating an application for a … under the deed. Quaker Valley’s leveling activities in preparation for the hoop houses led to drastic and permanent …
-
njcourts.gov
… from the police, he went to their younger brother’s room accompanied by an officer, found a phone, and gave it to the … and the phone is immune from the exclusionary rule. (pp. 23-26) The judgment of the Appellate Division is MODIFIED and … Amendment of the United States Constitution and Article 1, Paragraph 7 of the New Jersey Constitution both safeguard …
-
njcourts.gov
… Parsons and her parents (collectively “plaintiffs”) filed a complaint against the Mullica Township Board of Education … communicate the results of the visual acuity test was a separate and distinct act from the examination itself. … accordance with its terms. State v. Lenihan, 219 N.J. 251, 262 (2014); Frye, supra, 217 N.J. at 575. 14 In executing …
-
njcourts.gov
… offense of simple assault. When the court asked counsel for comments on the proposed jury instructions, defense counsel … punishment. But the New Jersey Code of Criminal Justice separately recognizes justification as an affirmative defense … have reached.” Ibid. (quoting State v. Lazo, 209 N.J. 9, 26 (2012)). Although we cannot speculate as to the jury’s …
-
njcourts.gov
… investigation, the Task Force obtained a September 20, 2016 communications data warrant (CDW) authorizing installation … Property, Theft by Unlawful Taking, and Conspiracy to commit those crimes. The CDW stated that any "information … we instead review de novo." State v. Boone, 232 N.J. 417, 426 (2017) (citing State v. Watts, 223 N.J. 503, 516 (2015)). …
-
njcourts.gov
… Plaintiff-Respondent/ Cross-Appellant, v. MERCER INSURANCE COMPANY OF NEW JERSEY, Defendant-Appellant/ … will allow.'" Progressive Cas. Ins. Co. v. Hurley, 166 N.J. 260, 273 (2001) (internal quotation marks omitted) (quoting … or building part that is "[s]tanding, even if it has separated from another part of the building." Furthermore, …
-
njcourts.gov
… of conviction on nine counts involving sexual offenses committed against a minor. Defendant challenges various … sister and defendant's wife; "M.B." to refer to the "fresh complaint" witness and the victim's friend; and "M.L." to … 583-84 (1960) (citing Hargrave v. Stockloss, 127 N.J.L. 262, 266 (1941)). The "false in one, false in all" charge …
-
njcourts.gov
… LLC, appeals from a Law Division order dismissing its complaint in lieu of prerogative writs challenging defendant … Bd. of Twp. 15 A-1451-16T4 of Deptford, 306 N.J. Super. 266, 273 (App. Div. 1997) (internal citation omitted) … than those charged by taxicabs. The Legislature enacted separate provisions in Title 48 concerning taxicabs, N.J.S.A. …
-
njcourts.gov
… He filed his personal injury action in New Jersey, suing companies that developed and managed the Florida resort. All … We agree and affirm. The Florida companies filed a separate appeal, challenging the trial court's order denying … the first time on appeal. See ibid.; Byrnes v. Landrau, 326 N.J. Super. 187, 193 (App. Div. 1999) (holding that …
-
njcourts.gov
… eight-year-old daughter, C.R.K., was not breathing.1 When paramedics arrived a few minutes later, they found the … while at the apartment that she consulted with others who recommended she apply a mixture of cornmeal and gasoline to … of discretion." Ibid. (quoting State v. Allah, 170 N.J. 269, 281 (2002)). "[W]hether a prejudicial remark can be …
-
njcourts.gov
… from the July 31, 2019 dismissal of count two of their complaint, in which they alleged four companies—Conner Strong, NFI, Michaels, and Cooper … In re Burlington Coat Factory Sec. Litig., 114 F.3d 1410, 1426 (3d Cir. 1997). 19 A-5237-18T4 In considering these …
-
njcourts.gov
… [t]he child reaching the age of twenty-two years or the completion of four continuous academic years of college … Abigail's tuition. (D-2). Plaintiff therefore owes him $26,950. As is evident from this excerpt, the trial judge … award. Denial of claims to which defendant did not consent Paragraph 15 of an order dated March 28, 2005, states: The …
-
njcourts.gov
… Two of Evelyn's three surviving sons, Dwight and Daniel,2 commenced this action against their brother Richard, … with an attorney, Christopher Manganello, to discuss the preparation of a new POA. Manganello prepared the document … an additional report in May 2013. 11 See Rule 4:17-7. 26 A-0154-15T2 inquire of Dr. DiGregorio her opinion on the …
-
njcourts.gov
… information. Defendant also contends that the trial court committed plain error when it misspoke while explaining to … defendant was not charged with motor vehicle theft. 4 A separate bench trial was held for the related motor-vehicle … argument that this mispronunciation constitutes error. 26 A-1603-19 The matter of Martinez's level of confidence …
-
njcourts.gov
… REFERENCES TO SCIP STANDARDS AND THE STANDARDS OF THE JOINT COMMISSION. III. THE COURT ERRED IN PERMITTING THE DEFENDANT … warranted given plaintiff's history of diverticulosis and 26 A-1838-18 bleeding, the low incidence of DVT reported for … the defendant doctor made here." Because the charge "separate[d] out [that] aspect[] of the medical care 31 …
-
njcourts.gov
… matrimonial matter, defendant F.R. appeals from paragraph one of a March 6, 2020 Family Part order denying … way we feel about each other." On December 17, 2016, Cyber commenced its investigation. On March 20, 2017, plaintiff … CIS were not included with his application. On February 26, 2020, defendant filed a reply certification. On March 6, …
-
njcourts.gov
… Jersey. The court denied emergent relief, and Doughty was separated from Daughter for several months. But in multiple … said she would not return Daughter without a formal order commanding her return. So, on December 4, 2015, the court … a compassionate release decision should be reviewed for 26 A-2908-18 abuse of discretion because of its uncertain …
-
njcourts.gov
… exclude evidence that a defendant 4 A-1797-15T3 has committed other crimes, wrongs, or acts when it is offered … purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity or absence of mistake or … N.J. 76, 83 (1999) (citing State v. Siciliano, 21 N.J. 249, 262 (1956)). In determining whether a prosecutor's remarks …
-
njcourts.gov
… County grand jury indicted defendant Kashif Parvaiz and his paramour, Antoinette Stephen, for the murder of defendant's … A jury convicted defendant of: first- degree murder as an accomplice, N.J.S.A. 2C:11-3(a)(1) and (2); first-degree … evidence in the record." State v. Hubbard, 222 N.J. 249, 262 (2015) (citing State v. Gamble, 218 N.J. 412, 424 …
-
njcourts.gov
… Preferred Management, Inc., the Association’s management company; and Bergen Hydraulic Elevator, the elevator-maintenance provider. The complaint alleged that McDaid suffered serious injuries when … at 137 (citing Hopkins v. Fox & Lazo Realtors, 132 N.J. 12 426, 433-34 (1993)). A condominium association’s duty to keep …