njcourts.gov
… U.S. Bank opposed the motion arguing that when the lawsuit commenced Lakeview Loan Servicing was a 4 A-2123-21 proper … properly proceeded to foreclose." The order was not accompanied by any contemporaneous or subsequent written or … oral opinion, memorandum, or amplification. "As a matter of fairness to the process and to enable meaningful appellate …
njcourts.gov
… cmt. 2 on N.J.S.A. 2C:20-2 (2020) (observing "the common unifying conception in all theft offenses is the … of theft . . . may be supported by evidence that it was committed in any manner that would be theft . . . under this … . . . [unless] the defense would be prejudiced by lack of fair notice or by surprise. [N.J.S.A. 2C:20-2(a) (emphasis …
njcourts.gov
… Law Division's March 29, 2022 order denying his motion to compel admission into the Pretrial Intervention Program … program. Defendant filed a motion with the Law Division to compel his admission into PTI over the prosecutor's … the mark sought to be accomplished by PTI that fundamental fairness and justice requires judicial intervention.'" Ibid. …
njcourts.gov
… DIVISION DOCKET NO. A-0908-23 DEUTSCHE BANK NATIONAL TRUST COMPANY, as TRUSTEE for FIRST FRANKLIN MORTGAGE LOAN TRUST … judgment entered in favor of plaintiff Deutsche Bank Trust Company, as Trustee of First Franklin Mortgage Loan Trust. … NOI did not comply with the notice requirements under the Fair Foreclosure Act, N.J.S.A. 2A:50-58(a). Defendant …
njcourts.gov
… by defendant. In May 2016, the State filed a forfeiture complaint, seeking to obtain the rights to the currency and … to be similar relief. In a November 3, 2023 order and accompanying statement of reasons, the Law Division denied the … properly brought by defendant will allow for a full and fair hearing regarding the matter and allow for the parties …
njcourts.gov
… to pay $9,478.11 in restitution to the Violent Crimes Compensation Board and $684.00 in fines and penalties. … standard." Zimmerman v. Sussex Cnty. Educ. Servs. Comm'n, 237 N.J. 465, 475 (2019); see also Melnyk v. Bd. of … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record.'" Saccone v. Bd. of Trs., Police …
njcourts.gov
… C&M DOOR CONTROLS, INC., COOK MASONRY, LLC, CUSTOM FIBERGLASS INSTALLATION, LLC, EASTERN CONTRACTOR SERVICES, LLC, … appeals the trial court's order denying its motion to compel arbitration. We affirm for the reasons which follow. … association created to manage and operate the common affairs of The Village Courtyard Condominium residential …
default
… is nothing in this record that raises a doubt as to the fairness of the ultimate holding that defendant violated the …
default
… is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record, an administrative agency's final … on the agency's fact finding." Campbell v. N.J. Racing Comm'n, 169 N.J. 579, 588 (2001). Applying our limited …
default
… plaintiff Bank of New York Mellon's (Mellon) foreclosure complaint; a June 24, 2016 order granting Mellon's motion … plaintiff possessed the note on the date the foreclosure complaint was filed — September 9, 2014 – is without merit. … sent to defendant on March 28, 2014 in accordance with the Fair Foreclosure Act,7 N.J.S.A. 2A:50-56. They were properly …
default
… DOCKET NO. A-3648-16T3 DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee of the Residential Asset Securitization … the mortgage to plaintiff Deutsche Bank National Trust Company in November 2010. Defendant defaulted on the loan … sent formal notice pursuant to Section 6 of the New Jersey Fair Foreclosure Act to defendants. On November 4, 2015, …
default
… address they had been served at for the initial foreclosure complaint as well as all subsequent correspondence and … SHOULD RELIEVE THE TRIAL COURT'S SUMMARY JUDGMENT AGAINST 3 Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 to …
default
… Shanahan considered defendant's arguments and issued a comprehensive thirty-seven page written decision addressing … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable. Unless a … that (i) counsel's assistance was not 'within the range of competence demanded of attorneys in criminal cases'; and …
njcourts.gov
… told him prior to the trial that the State had offered to recommend a fifteen-year prison term if he agreed to plead … without conducting an evidentiary hearing to evaluate the competing certifications. We reversed and remanded for an … counsel's errors are sufficiently serious to deny him a "fair trial." The prejudice standard is met if there is "a …
njcourts.gov
… was sentenced to three years in prison and required to comply with Megan's law. Defendant filed no direct appeal, … The PCR process affords an adjudged criminal defendant a "last chance to challenge the 'fairness and reliability of a criminal verdict . . . .'" …
njcourts.gov
… December 27, 2017 2 A-4020-16T3 directing the Motor Vehicle Commission to reinstate the driving while intoxicated (DWI) … violation2, two years of ignition interlock, thirty days community service, and a $1,000 fine. On April 3, 2017, … and the occurrence of [the] . . . accident [could not] be fairly or realistically attributable to anything other than …
njcourts.gov
… INSURANCE UNDERWRITERS, INC. d/b/a TRAVELERS INSURANCE COMPANY, Defendant-Respondent. … had uninsured and underinsured coverage under his automobile insurance policy with defendant Fidelity & Guaranty … at 595. "[A]n articulation of reasons is essential to the fair resolution of a case." O'Brien v. O'Brien, 259 N.J. …
njcourts.gov
… WITHOUT THE DEFENDANT'S CONSENT, THEREBY DENYING HIM A FAIR TRIAL. (U.S. CONST. AMENDS. V, VI AND XIV; N.J.CONST. … observations of the character and demeanor of witnesses and common human experience that are not transmitted by the … State v. Pineiro, 181 N.J. 13, 19 (2004). To overcome this presumption, the State must show by a …
njcourts.gov
… was ineffective in advising him to reject all plea recommendations, and failing to object to certain issues … to several witnesses, failed to object to prejudicial comments made by the State during summation, and failed to … defect in performance prejudiced defendant's rights to a fair trial such that there exists a "reasonable probability …
njcourts.gov
… was asserted was so infused by those principles that simple fairness compels a remand for further development of the record, …