-
njcourts.gov
… from plaintiff Paul Maslow that resulted in an eviction complaint in the Special Civil Part based upon non-payment … thereof does not automatically void a lease, unless other factors require voidance. See McQueen v. Brown, 342 N.J. … 483-84 (1974)). Reviewing courts "should 'not disturb the factual findings and legal conclusions of the trial [court]' …
-
njcourts.gov
… a lesser sentence, explaining defendant was found to have compulsive sexual behaviors, the Adult Diagnostic and … "[I]f counsel makes a thorough investigation of the law and facts and considers all likely options, counsel's trial … strategy is 'virtually unchallengeable.'" Mere dissatisfaction with a "'counsel's exercise of judgment'" is …
-
njcourts.gov
… policies, to the general public. Plaintiff filed a complaint for divorce in 2004 and retained a forensic … conflicting certifications demonstrated a clear dispute of fact. Defendant also claims he established that his earned … v. Gnall, 222 N.J. 414, 428 (2015). We do not disturb the "factual findings and legal conclusions of the trial judge …
-
njcourts.gov
… between 1999 and 2005. We affirm. We summarize the relevant facts and procedural history from the limited record … warranting withdrawal of his guilty plea under the Slater4 factors. During oral argument before the PCR court on February 14, 2023, defendant's attorney commented that same day our Supreme Court issued its …
-
njcourts.gov
… of Dawshon's, Dawud's, and Dawmeen's PCR petitions in a comprehensive unpublished opinion, State v. Fitzgerald, Nos. … ITS CASE TO GO FORWARD WHEN THE RESPONDENT ESTABLISH[ED] NO FACTS TO SUBSTANTIATE AN ONGOING INVESTMENT, WHEN 19 ITEMS … opinion, R. 2:11-3(e)(2), adding only the following brief comments. We start by stating the obvious. The strength of …
-
njcourts.gov
… file the appropriate motion. Defendant moved to dismiss the complaint for failure to comply with the AOM statute, failure to state a cause of … addition of the phrase "including, but not limited to." In fact, the Legislature explicitly excluded certain entities …
-
njcourts.gov
… Civil Part: (1) an October 26, 2022 order dismissing his complaint alleging an entitlement to NOT FOR PUBLICATION … this nonjury trial is limited. We must defer to the judge's factual determinations, so long as they are 6 A-1398-22 … consist of weighing evidence anew and making independent factual findings; rather, [this court's] function is to …
-
njcourts.gov
… On January 16, 2024, plaintiff called police, and filed a complaint alleging defendant verbally abused her, destroyed … The court entered an FRO, after finding the statutory factors for the predicate acts were met and emphasizing the … owe substantial deference to the Family Part's findings of fact because of its special expertise in family matters. …
default
… 28, 2008, plaintiff's husband went into cardiac arrest and died, while hospitalized in Hamilton. The autopsy report … husband's death, plaintiff contacted defendant, on the recommendation of a friend, about possible legal … is ordinarily left for the determination of a finder of fact." After plaintiff filed her amended complaint, …
-
njcourts.gov
… 28, 2008, plaintiff's husband went into cardiac arrest and died, while hospitalized in Hamilton. The autopsy report … husband's death, plaintiff contacted defendant, on the recommendation of a friend, about possible legal … is ordinarily left for the determination of a finder of fact." After plaintiff filed her amended complaint, …
njcourts.gov
… 180 days in the county jail, and was also required to comply with registration obligations under Megan's Law, … categories must bear the burden of presenting compelling facts and materials justifying admission. First and second … court's perspective, counsel exhausted all reasonable remedies with "reasonable professional judgment" and "sound …
njcourts.gov
… not award Bunevich his referral fee, as it found issues of fact precluded summary judgment. Ferreira then sought an … court's discounting. Finally, plaintiff also sought a writ compelling defendant's bank to pay the previously awarded … And as counsel is well aware, one of the RPC[5] 1.5[(a)] factors that a court is obligated to consider in determining …
njcourts.gov
… a transcript of a court-generated audio recording of comments made by the trial judge outside the presence of the … the issues on appeal . . . ." R. 2:5-5(b).3 Generally, the factors applicable to a motion to supplement the record are … It was, therefore, error for the trial court to apply the factors relevant to a motion to supplement the record when …
njcourts.gov
… judgment dismissing the remaining count of plaintiff's complaint, which alleged defendants Davidson, Dawson & Clark … party, show there are no "genuine issues of material fact," and that "the moving party is entitled to summary … or omission must be a causative or substantial contributing factor to the alleged loss. Under the circumstances herein, …
njcourts.gov
… orders (TROs) against one another, and in cross- complaints, filed for final restraining orders (FROs) under … of contentious divorce proceedings. We glean the relevant facts from the extensive record developed over the course of … analysis, it found M.I. credible. The trial court made factual findings, starting with M.K.I.'s complaint alleging …
default
… to the agency to administer." In re Election Law Enf't Comm'n Advisory Op. 01-2008, 201 N.J. 254, 262 (2010). … we "defer[] to an administrative agency's findings of fact," we owe no deference to an agency's conclusions of law … reporting for work. An employer's choice to keep an able-bodied worker from rendering service cannot deprive the worker …
default
… with witness tampering. According to the indictment, Kee committed the murder, possessed a weapon, a handgun, … after Kee committed the murder. These are the State's factual allegations. On March 1, 2017, Kee, driving a car … precisely what such argument was, nor did he cite the facts from which such a circumstantial case could be made. 7 …
default
… harm than good. In June 2015, the Division filed a verified complaint to terminate defendant's parental rights and award … credibility. R.G., 217 N.J. at 552-53. Moreover, as the fact finder, while the "trial judge is 'not required to … "error in the trial judge's evaluation of the underlying facts and the implications to be drawn therefrom," deference …
njcourts.gov
… Grabowsky, a Montclair taxpayer and owner of numerous commercial properties in Montclair, successfully challenged … of law and reverse. 3 A-4294-15T2 I. Because the underlying facts are set forth in the Supreme Court's decision, … 'misconceives the applicable law, or misapplies it to the factual complex.'" Porreca v. City of Millville, 419 N.J. …
njcourts.gov
… entity. In 2009, plaintiff, a certified public accountant, commenced providing accounting services for the business, as … by dismissing her third-party complaint against Harris. Factual findings of the trial court are granted deference … (1960)). Thus, an "appellate court should exercise its [] fact finding jurisdiction sparingly and in none but a clear …