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… acquire Shree's real property by eminent domain, appointing commissioners, and denying Shree's motion to dismiss Seaside Park's condemnation complaint. We affirm. I. Shree owned real property in … the second complaint. The trial court found that it had granted a motion to dismiss previously, the prior complaint, …
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… robbery, N.J.S.A. 2C:15-1(a)(2) (count one); first-degree accomplice liability, N.J.S.A. 2C:2-6(c)(1)(b) (count two); … The State agreed to dismiss the remaining charges and recommended defendant be sentenced in the second-degree range … Dec. 16, 2019) (slip op. at 9). In June 2021, the PCR judge commenced an evidentiary hearing. Defendant and his plea …
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… "[t]rial counsel failed to fully investigate the case and communicate with [d]efendant, as well as represent … an evidentiary hearing for an abuse of discretion. State v. Preciose, 129 N.J. 451, 462 (1992). 13 A-1836-21 To succeed … to [PCR], . . . then an evidentiary hearing need not be granted." State v. Brewster, 429 N.J. Super. 387, 401 (App. …
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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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… three-day bench trial, the trial court found defendant had committed the predicate act of harassment and found him in … the temporary restraining order (TRO) but found he did not commit the predicate act of criminal mischief. It also found … at 436; see also N.J.S.A. 2C:25-29(b) ("the court shall grant any relief necessary to prevent further abuse."). The …
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… Currier, Firko, and Susswein. On appeal from the New Jersey Commissioner of Education, Docket No. 92-6/21. Christopher … J. Platkin, Attorney General, attorney for respondent Commissioner of Education (Laurie L. Fichera, Deputy … complaint in lieu of filing an answer. The Commission granted his motion in part, dismissing counts one and two, …
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… they were negligent. Defendants brought a third-party complaint against plaintiff's employer, Express. After one … severed, plaintiff's case focused on a limited liability company, defendant Far Brook Homes, LLC ("Far Brook"), which … court was persuaded that Far Brook owed no such duty and granted it summary judgment. This appeal by plaintiff …
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… from the July 16, 2021 order of the Chancery Division compelling specific performance of a contract for the sale … the contract that day. The buyers subsequently filed a complaint and order to show cause in the Chancery Division … closing. On July 16, 2021, the trial court issued an order granting the buyers' request for specific performance, …
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… with his counsel claiming "the Fifth Amendment is such a compelling amendment, it is bedrock a part of due process that a defendant shouldn't be compelled to testify" and "it forces a defendant to reveal a … and their son. After plaintiff's testimony, the trial court granted the FRO, concluding defendant committed the …
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… couple was married in 2018. Francisco and Ramona did not complete a formal education and worked blue collar jobs … Ramona. We utilize their first names because they share a common surname. We intend no disrespect. At oral argument, … an order denying plaintiffs' summary judgment motion and granting in part defendants' cross-motion for summary …
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… N.J.S.A. 9:6-8.99. The Institutes were established by the Commissioner of the Department of Children and Families in … found that Gina had been sexually abused by Leon and she recommended that Gina be referred for mental health services. … of Gina and Aimee. Thereafter, 8 A-2654-22 the family court granted the Division's application for care and supervision, …
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… issues in this personal injury case involve principles of comity and choice of law, specifically New York's tort claim … Plaintiff appeals from an October 20, 2023 order granting defendants' motion to dismiss plaintiff's complaint with prejudice. She contends the court erred in …
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… of conviction for violations of his special conditions of community supervision for life (CSL), N.J.S.A. 2C:43-6.4(d), … I. In 1997, defendant was indicted by a Monmouth County grand jury for: second-degree attempted aggravated sexual … 2C:5-1 and 2C:14- 2(a)(1); second-degree conspiracy to commit aggravated sexual assault, N.J.S.A. 2C:5-2 and …
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… at the Rowan School of Osteopathic Medicine. On leave granted, plaintiffs also appeal from a second 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. …
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… We affirm. I. In August 2007, defendant engaged in online communications in a Yahoo chatroom with an undercover … 170 (App. Div. 1999); R. 3:22-10(b). A PCR court need not grant an evidentiary hearing unless "a defendant has … light most favorable to defendant." Ibid. (quoting State v. Preciose, 129 N.J. 451, 462-63 (1992)); accord R. 3:22- …
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… and articulable suspicion that an offense has been committed[,]" and "[t]he State must establish by a … authorities. The analysis would differ had the information come from an anonymous source. After the judge entered a … to [s]ubmit to [b]reath [t]esting). Relying on State v. Negran, 178 N.J. 73, 83-85 (2003), the judge explained that a …
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… Plaintiff appeals from an order dated June 8, 2017, which granted defendants' motion for summary judgment. Plaintiff … testify as plaintiff's expert. Apparently, Hernandez had become disabled and was no longer practicing medicine. … M.G. forwarded Prieto's report to S.D.'s attorney. In an accompanying letter, M.G. stated that Hernandez was …
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… October 24, 2023 order denying his motion to reinstate his complaint pursuant to Rule 1:13-7. He also appeals from the trial court's October 24, 2023 order granting defendants' Fletcher & West Associates, LLC … and KFC USA, Inc. (KFC) motion to dismiss plaintiff's complaint with prejudice based on his failure to restore the …
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… he contends the trial court erred by permitting the jury to compare handwriting samples without conducting a hearing … and testify against Ware in exchange for the State recommending a ten-year prison term and dismissal of the … then sought leave to appeal. Before opening statements commenced, we reversed, permitting the State to present at …
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… following: a. reaching the age of [eighteen] years or the completion of [four] academic years of continuous 3 … financially able to do so, after first utilizing all loans, grants[,] and scholarships available to the child. Said … financial aid consulting fees, room and board, books[,] and commuting expenses. The choice of said college or vocational …