-
njcourts.gov
… In May 2013, Bittner was appointed by the City's Board of Commissioners as the City's solicitor under a professional … employee pay a specified or 'defined' amount of money from every paycheck to an outside investment fund for the benefit … executive and legislative functions and authority into the office of Commissioner. City of Wildwood v. DeMarzo, 412 …
-
njcourts.gov
… THE STATE THAT DEFENDANT WAS ACCEPTING THEIR FAVORABLE PLEA OFFER. POINT II THE PCR COURT ERRED IN DENYING DEFENDANT AN … arguments and affirm. I. The procedural history and factual background are detailed in our unpublished decision … first- degree aggravated sexual assault in the course of committing a kidnapping, N.J.S.A. 2C:14-2(a)(3); and …
-
njcourts.gov
… not "feeling so well" at the time and could not remember everything she said to him, but acknowledged the conversation … police. Both the case worker for the Division and a police officer who interpreted for L.C. in her dealings with the … The privilege invoked here, N.J.R.E. 509, "protects communications between spouses unless the communication …
-
njcourts.gov
… 2C:39-7(a). In addition, defendant was charged in a complaint warrant with harassment, N.J.S.A. 2C:33-4(a), a petty disorderly persons offense. Detective Joseph Indano of the South Plainfield … N.J. 44, 56-57 (2004) (citing State v. Brims, 168 N.J. 297, 303 (2001)). In his decision, the judge acknowledged that …
-
njcourts.gov
… the fire. Plaintiff filed a verified and amended verified complaint alleging the fire originated in the broiler or … 2012) (citing Prudential Prop. & Cas. Ins. Co. v. Boylan, 307 N.J. Super. 162, 167 (App. Div. 1998)). We give "no … that defendant was aware of it. In fact, she did not proffer any competent evidence about what caused the fire. …
-
njcourts.gov
… indulged and, therefore, reverse. Plaintiff NJM Bank, FSB, commenced this action on March 22, 2013, to foreclose a … the interesting priority question posed by those facts was HSBC Bank's failure to timely respond to the … Rule 4:50- 1, is to be "viewed with great liberality, and every reasonable ground for indulgence is tolerated to the …
-
njcourts.gov
… possession of his signed written consent form to search his computer and camera that did not check the box waiving his … that on the night of January 15, 2004, three police officers arrived at his house and then transported him to … State v. King, 44 N.J. 346, 352-53 (1965), which set forth factors to determine if the consent to search is coerced, …
-
njcourts.gov
… 1:36-3. January 9, 2018 2 A-1086-15T4 We recount only such facts as are necessary for our decision. In December 1984, … "a substantial likelihood exist[ed] that [Kennedy] would commit a new crime if 1 See N.J.A.C. 10A:71-3.21(d) … increasingly more serious, and that he had committed this offense while on probation. The panel noted that Kennedy …
-
njcourts.gov
… order denying her motion to reinstate her personal injury complaint against defendant Sabrina C. Pinckney. She also … was needed to locate her residence. The process server offered "to further investigate this matter" and perform a … law and the legal consequences that flow from established facts." Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, …
-
njcourts.gov
… – Decided April 12, 2021 Before Judges Sumners and Mitterhoff. On appeal from the New Jersey Department of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2017-32597. Carpenter, … the rest." Torres v. Schripps, Inc., 342 N.J. Super. 419, 430 (App. Div. 2001) (citing Todd v. Sheridan, 268 N.J. …
-
njcourts.gov
… On April 12, 2007, defendant pled guilty to both DWI offenses. On the conviction for the first incident, the … defendant's arguments at length. We add the following comments. Rule 7:6-2(b) provides "[a] motion to withdraw a … and to acknowledge the grave danger it poses to public safety. See State 7 A-2401-19 v. Magner, 151 N.J. Super. …
-
njcourts.gov
… (USA), INC., Plaintiffs-Appellants, v. ADMIRAL INSURANCE COMPANY, Defendant-Respondent. ___________________________ … – Decided July 13, 2021 Before Judges Alvarez and Mitterhoff. On appeal from the Superior Court of New Jersey, Law … we reverse and remand. We discern the following material facts from the record before us, viewed in the light most …
-
njcourts.gov
… related to her fall. Through cross-examination, defendant offered a theory to the jury that plaintiff fell on asphalt, … in support of her case. Plaintiff argued the improper comments by defense counsel during closing argument misled … as witness credibility." Jastram v. Kruse, 197 N.J. 216, 230 (2008) (quoting Feldman v. Lederle Labs., 97 N.J. 429, …
-
njcourts.gov
… members to play percussion instruments in performances and competitions that feature marching bands. Members are … . . . charitable . . . purposes or its trustees, directors, officers, employees, agents, servants or volunteers shall, … cannot overcome a motion for summary judgment. Id. at 530. If the moving papers show there is no material issue of …
-
njcourts.gov
… appeals from the entry of summary judgment dismissing his complaint against defendants Borough of Red Bank and its … [I]t was a beautiful Sunday. I had gotten a cup of iced coffee. And I normally have a fairly quick gait 'cause that's … quotation marks omitted) (quoting Endre v. Arnold, 300 N.J. Super. 136, 142 (App. Div. 1997)), aff'd o.b., 175 …
-
njcourts.gov
… COURT'S FAILURE TO INSTRUCT THE JURY ON THE LESSER-INCLUDED OFFENSE OF ATTEMPTED THEFT REQUIRES REVERSAL OF THE ROBBERY … contention in Point I that the 4 A-2119-16T1 judge committed plain error by failing to define "attempt" – as to … clearly unreasonable." State v. Carey, 168 N.J. 413, 430 (2001). "The test 'is not whether a reviewing court would …
-
njcourts.gov
… testimony of both parties, the trial judge found defendant committed the domestic violent act of harassment, as defined … not speak Portuguese. Plaintiff alleged she was alarmed and offended by defendant's uninvited presence in her home. … standards[.]" Gotlib v. Gotlib, 399 N.J. Super. 295, 309 (App. Div. 2008). Here, the judge carefully reviewed the …
-
njcourts.gov
… 39:4-50.4(a),1 reckless driving, N.J.S.A. 39:4-96, and unsafe lane change, N.J.S.A. 39:4-88(b). Defendant, … the source and circumstances of the "tip." The tip did not come from someone from the criminal milieu who might seek … to an unconstitutional stop. State v. Herrerra, 211 N.J. 308, 334-35 (2012)(citations omitted). 9 A-5435-15T3 of the …
-
njcourts.gov
… -1- NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS … & Greiner, P.C.), attorney for plaintiff. Scott D. Burns (Office of Gloucester County Counsel), attorney for … See generally Colacitti v. Murphy, 474 N.J. Super. 309 (Law Div. 2022). Determining the significance of the …
-
njcourts.gov
… -1- NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS … & Greiner, P.C.), attorney for plaintiff. Scott D. Burns (Office of Gloucester County Counsel), attorney for … See generally Colacitti v. Murphy, 474 N.J. Super. 309 (Law Div. 2022). Determining the significance of the …