njcourts.gov
… NOT TO BE PUBLISHED WITHOUT APPROVAL FROM THE COMMITTEE ON OPINIONS NVL, INC., a Delaware Corporation and … vs. VOLVO CAR USA LLC, a Delaware Limited Liability Company, Defendant. SUPERIOR COURT OF NEW JERSEY LAW … would have operated from approximately 2018 onwards, under very different economic conditions which would have led to a …
njcourts.gov
… CITY OF ELIZABETH, Plaintiff, vs. THE REINFORCED EARTH COMPANY, ELIZABETH METROMALL, LLC, NEW JERSEY METRO MALL … not entitle R. 4:6- 2( e) dismissal against municipality Every defense, legal or equitable, in law or fact, to a claim … 116 N.J. at 746. A motion under R. 4:6-2(e) is brought at a very early stage in the litigation and it will be granted in …
njcourts.gov
… parked his cruiser behind the SUV. Griffin, seeing exhaust coming from the vehicle and concluding that it was running, … his phone. Griffin waited several minutes for the driver to complete his call. According to Griffin's testimony, while … N.J. 146, 162 (1964))) (alterations in original). Only a "very obvious and exceptional showing of error" will allow …
njcourts.gov
… applicable legal standards. We reverse. Plaintiff filed his complaint in the Law Division on December 26, 2007. The first count sought recovery on a promissory note allegedly in default. The note, … generally denying plaintiff's allegations. Little discovery ensued, and plaintiff moved for summary judgment on …
njcourts.gov
… SUBCONTRACTING CONCEPTS, INC., Defendants, and SAME DAY DELIVERY SERVICE, INC. and RITE AID PHARMACY, … reconsideration of the summary judgment dismissal of their complaint for damages resulting from personal injuries … by plaintiffs in this specialized area of the law are inapposite to our review. Next, plaintiffs' argument that …
njcourts.gov
… classification as a Tier Two offender under Megan's Law and community notification requirements. M.J.B. is a convicted … and place of employment, triggering a tier designation and community notification re- evaluation. The State reviewed … age, mid-fifties, indicated the sexual offense rate was "very low." In his written report, Dr. Hiscox stated that …
njcourts.gov
… by their first names to avoid any confusion caused by their common surname. No disrespect is intended. 3 A-2253-21 The … of the options. Thus, defendants were required to complete construction of the home "substantially in … and attached past due invoices which stated: "We have been very patient and understanding on this matter, but after …
njcourts.gov
… Cathleen Fenyak, a registered nurse, filed a six-count complaint in the Law Division seeking compensable and … issued a case management consent order extending the discovery end date to January 7, 2022, providing deadlines for … judge summarily denied plaintiff's motion to compel discovery and did not address defendants' cross-motion for a …
njcourts.gov
… for unpaid sewer and water charges that affected the common areas of a condominium building, defendant City of … motion ruling. A-2019-21 4 Following the completion of discovery, the City moved for summary judgment and plaintiff … interest rate set forth in Rule 4:42-11 would undermine the very purpose of the tax sale certificate statute by …
njcourts.gov
… acknowledged the need for the refrigeration units to compensate for products entering at room temperature. … was unsuccessful, in mitigating damages, and they had done "very little once they knew they had this fundamental problem … uncertainty in the amount of damages cannot preclude recovery where it is certain that a breach resulted in loss. …
njcourts.gov
… is insufficient evidence supporting the judge's finding he committed the predicate act of harassment, and therefore, … and the children from defendant because he blames her for everything, and "intimidate[s]" the children. Plaintiff … defendant "was going to hurt [her]" and "verbal abuse is very serious" as she has experienced for the past thirteen …
njcourts.gov
… Law Division order granting a motion to dismiss plaintiff's complaint against defendant Morgan Stanley with prejudice. … 2014, and that the action did not accrue until that discovery. Judge Claypoole determined that because an estate … In any event, the equitable tolling doctrine is inapposite here. Equitable tolling applies when (1) the plaintiff …
njcourts.gov
… Nor was there any evidence of "a legitimate application or complete application pending for a modification." Ezekwo … days of the date of sale or any time thereafter before delivery of the conveyance." Because the sheriff's deed was … because she filed an application to stop the sale on that very date. As the sale was scheduled for 2:00 p.m. of …
njcourts.gov
… or the life or safety of any other person or which may compromise the integrity of a[n] . . . investigation or a … observed that "[w]here a defendant ha[s] the right to discovery of [Division] records to defend against criminal … would run contrary to the spirit of the [S]tatute for the very subject of [the Division's] protective services to be …
njcourts.gov
… he was a drug addict. After the interview, detectives accompanied defendant to his mother's home and defendant … during the PCR hearing. Judge Caulfield also found it very convenient now for this name to [come] up when [defendant] had every opportunity at the trial to say, "this guy was outside. …
njcourts.gov
… these facts from the motion record. In 2015, a foreclosure complaint was filed by plaintiff NRZ Pass-Through Trust V, … defective because Lowenthal had not submitted the requisite proofs for surplus funds motions required under Rule … Ofeck & Heinze continues to represent Lowenthal in this very appeal. Lowenthal's argument taken to its logical …
njcourts.gov
… platform and registering an account on SDC's website. Plaintiff later filed a products liability action … filed an answer and, two months later, moved to dismiss the complaint, arguing plaintiff's complaint was subject to the … arbitration because it had engaged in preliminary discovery. In a written opinion, the Law Division judge agreed …
njcourts.gov
… testified that prior to the shooting, "[d]efendant [had] complimented [her] on her appearance, and with his cell … trial without conducting an evidentiary hearing. In an accompanying written decision, the judge applied the governing … proposed alibi testimony would neither "'shake the very foundation of the State's case'" nor "'alter the …
njcourts.gov
… to dismiss counts two and three. The State also agreed to recommend a sixteen-year term of incarceration subject to the … ordered it. Defendant acknowledged and signed the requisite plea and NERA forms. 3 A-2495-22 The same judge who … defense counsel was ineffective for: not reviewing discovery with him to prepare for trial; improperly pressuring …
njcourts.gov
… of the Crime Were Satisfied and a Crime Was Therefore Committed. 3. The Defendant Must Be Resentenced Because the … [Nine] Should Not Apply, Despite the Trial Court’s Own Very Favorable Findings of Fact on the Defendant's Attitude. … notified the DNA samples matched defendant's DNA from the Combined DNA Index System (CODIS). Officers collected a …