-
njcourts.gov
… Argued November 8, 2017 – Decided Before Judges Fisher, Fasciale and Moynihan. On appeal from … on issues of law. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Applying these … treat similarly situated employees equally. Id. at 304. The ultimate burden of persuasion remains at all times with the …
-
njcourts.gov
… Submitted October 3, 2017 – Decided Before Judges Carroll and Mawla. On appeal from Superior Court … a psychological evaluation to determine whether he was a compulsive and repetitive sex offender. Defendant testified … alleged in the light most favorable to the defendant, will ultimately succeed on the merits. Furthermore, Rule …
-
njcourts.gov
… v. JERSEY SHORE UNIVERSITY MEDICAL CENTER formerly known as Jersey Shore Medical Center, MERIDIAN … Defendants denied such liability. A jury trial commenced on August 24, 2015 against several of the named … Plaintiffs accepted the consulting attorney's ultimate recommendations. However, defendant and his insurer …
-
njcourts.gov
… the motion of defendant PBA 49 to dismiss plaintiffs' complaint for a declaratory judgment. I. Historically, … the [CBA]." Standard Motor Freight, Inc. v. Int'l Bhd. of Teamsters, 49 N.J. 83, 96 (1967) (citing United Steelworkers … be a question subject to the grievance procedures, with the ultimate step being binding arbitration. The only limitation …
-
njcourts.gov
… Defendants, RAVINDER ANNAMANENI and SRINIVAS PARUCHURI, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … others entered into an agreement to sell their shares of common stock in Cispharma and their membership interests in … Agreement does not exclude indemnification for claims that ultimately fail as a matter of law. Furthermore, while the …
-
njcourts.gov
… Submitted September 15, 2020 — Decided Before Judges Yannotti and Mawla. On appeal from the Superior … This dispute arose from three underlying municipal complaints involving defendants against Koka alleging … she was also unprepared to proceed. The second trial ultimately occurred, and Brian and Eglantina testified, and …
-
njcourts.gov
… Argued December 19, 2019 – Decided Before Judges Alvarez, Suter and DeAlmeida. On appeal from the … from such retention." The Trust entitled Anna to its net income during her lifetime. Upon her death, the trust … his claims as exceptions to Keiser's accounting. Keiser ultimately moved for summary judgment seeking approval of …
-
njcourts.gov
… Argued August 13, 2019 – Decided Before Judges Sumners and Moynihan. On appeal from the … 1 In his merits brief, defendant does not challenge his concomitant convictions for failure to maintain lane, N.J.S.A. … reduced role to be played by the operator as relates to the ultimate BAC [breath alcohol concentration] results reported …
-
njcourts.gov
… Plaintiffs-Appellants, v. TOWNSHIP OF MIDDLETOWN NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … for the reasons expressed by Judge Kapalko in his comprehensive and well-reasoned opinions of October 24, 2014 … engineer. Judge Kapalko thus noted the "Board Engineer will ultimately be in a position to ascertain that the basins …
-
njcourts.gov
… Submitted February 14, 2019 – Decided Before Judges O'Connor and Whipple. On appeal from the … In addition, defendant's front headlight assembly was "completely out." During the course of the motor vehicle … to the police department, where they were refrigerated and ultimately taken to the New Jersey State Police, Office of …
-
njcourts.gov
… Argued January 31, 2019 – Decided July 19, 2019 Before Judges Simonelli, O'Connor and DeAlmeida. On appeal … until March 2013, when Lumenergi, Inc., a venture capital company he worked for in California, was shut down. 1 Two … on September 10, 2014, see L. 2014, c. 42, §1, the court ultimately concluded N.J.S.A. 2A:34-23(k) did not apply to …
-
njcourts.gov
… Argued June 4, 2019 – Decided July 19, 2019 Before Judges Messano, Fasciale and Gooden Brown. On appeal … each issuing authority by resolution, first approved by the commissioner, may impose any condition or conditions to the … The Town contends the Director's decision to stay and ultimately void the special condition on Iron Bar's license …
-
njcourts.gov
… DIVISION DOCKET NO. A-1266-19T1 SELECTIVE AUTO INSURANCE COMPANY OF NEW JERSEY, Plaintiff-Respondent, v. RAYMOND … Argued December 1, 2020 — Decided Before Judges Mawla and Natali. On appeal from the Superior … favors" subrogation as "a device of equity to compel the ultimate discharge of an obligation by the one who in good …
-
njcourts.gov
… Defendants, and HARTZ MOUNTAIN INDUSTRIES, INC., NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … of Hartz's property to operate a restaurant in a large commercial complex located in Secaucus. Section 6.2 of the … differently to exclude claims for Hartz's negligence." Ultimately, the judge denied the motion. The parties …
-
njcourts.gov
… Submitted October 28, 2020 – Decided Before Judges Ostrer and Vernoia. On appeal from the Superior … when he would be reinstated. He generally described his income, expenses, and financial situation, and provided a case … afford to pay the $500 and $1,500 monthly amounts the court ultimately ordered, and the court found more credible the …
-
njcourts.gov
… Submitted September 23, 2020 – Decided Before Judges Whipple and Rose. On appeal from the Superior … N.J.S.A. 2C:35-5(a)(1) and 35-5(b), in exchange for a recommended four-year sentence. Question seventeen of the plea … is therefore necessary to develop facts important to the ultimate decision. State v. Porter, 216 N.J. 343, 355 …
-
njcourts.gov
… Submitted May 19, 2020 – Decided June 5, 2020 Before Judges Fisher, Accurso and Gilson. On appeal from the … in question defendant and his cousin spoke about wanting to commit robberies and they eventually departed in the early … argument but did not conduct an evidentiary hearing and ultimately denied relief by way of a written opinion. …
-
njcourts.gov
… Argued telephonically May 6, 2020 – Decided June 1, 2020 Before Judges Koblitz, Whipple and Mawla. On appeal from the … and psychosocial evaluations, which resulted in a recommendation for individual and joint therapy for plaintiff … She seems to be getting less and less angry which is ultimately, I would suspect, going to lead to some …
-
njcourts.gov
… Submitted April 21, 2020 – Decided May 22, 2020 Before Judges Yannotti, Currier and Firko. On appeal from the … Defendant was convicted of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1(b); … addressed on the merits, and rejected on direct appeal. Ultimately, the PCR court concluded defendant failed to …
-
njcourts.gov
… Submitted May 4, 2020 – Decided May 22, 2020 Before Judges Sabatino and Geiger. On appeal from the Superior … her August 20, 2018 written decision. We add the following comments. We apply the familiar two-pronged Strickland … alleged in the light most favorable to the defendant, will ultimately succeed on the merits. We review the denial of an …