-
njcourts.gov
… the bamboo from both properties. The Kornbleuths filed a complaint against the Westovers for trespass and conversion, … aesthetic interests. Afterwards, the parties conducted discovery. In her deposition, Donna Kornbleuth explained that “we … trees or landscaping are destroyed by a trespasser. It also cheapens the worth of the trees and landscaping both in …
-
njcourts.gov
… by plaintiff Marilyn Flanzman and her former employer compels arbitration of Flanzman’s discrimination claims … [UCC] will imply a provision in the contract requiring delivery within a reasonable time,” pursuant to N.J.S.A. … or individual or multiple arbitrators is a prerequisite to the court’s appointment of an arbitrator. Indeed, …
-
njcourts.gov
… did not have an opportunity to respond to the State’s final comments before the court imposed its sentence. On June 14, … were known by the parties, either provided in discovery to defendant and his counsel or addressed in the … defendant knew about the fact. If a fact is covered in discovery or in the pre-sentence report, it should not be …
-
njcourts.gov
… J., writing for the Court. At issue in this case are two common law doctrines that protect speech from overreaching … established eBossWatch.com. On August 3, 2010, the website published an article entitled “‘Bizarre’ and hostile … writing or utterance. N.J.S.A. 2A:14-3. Generally, every repetition of a defamatory writing gives rise to a …
-
njcourts.gov
… fees. Six months after her vehicle purchase, Roach filed a complaint in the Superior Court against BM and its president … party” could pay the outstanding amount and seek recovery of the fees through the arbitrator’s award. BM again … of the DRA permitted arbitration with the AAA -- or at the very least left open to question the proper forum -- we will …
-
njcourts.gov
… The lack of a limiting instruction and the prosecutor’s comment on the evidence did not constitute plain error. 2 1. … trial, the investigating officers testified about the discovery of the gloves the day after the assault of Donatelli … could be prejudicial; “[d]amaging evidence usually is very prejudicial but the question here is whether the risk …
-
njcourts.gov
… to a police officer’s search of a vehicle’s passenger compartment in the wake of a traffic stop. After observing a … requirement is irrelevant. However, the inevitable discovery exception to the exclusionary rule may be pertinent to … have been discovered. Consequently, the inevitable discovery exception to the exclusionary rule is potentially …
-
njcourts.gov
… third parties who possess actual authority based on their common use of the space searched. See State v. Suazo, 133 … According to defendant, apparent authority is inapposite in this 12 situation because the doctrine centers on … 215 (1998). But here we need not plumb the depths of that very fact-sensitive question centering on expectations of …
-
njcourts.gov
… his sleep apnea condition. Defendant’s answer to the complaint did not identify the field in which he specialized … panel concluded that plaintiff’s affiant lacked the requisite statutory qualifications to issue an affidavit of merit … and its legislative history. The issues regarding the delivery of health care that the Legislature identified and the …
-
njcourts.gov
… prosecutor under Rule 7:7-7(b), which governs discovery in municipal court proceedings. Defendant Robert Stein … municipal prosecutor. However, defendant did not seek to compel the prosecutor to comply with the State’s disclosure … on when the Wayne Township officers arrived at the crash site, one saying they appeared twenty minutes following the …
-
njcourts.gov
… on defendant’s motion for an involuntary dismissal of the complaint, plaintiff presented a prima facie case of … worked for the rescue squad, were separated and about to commence divorce proceedings. Plaintiff testified that, when … include a note that plaintiff’s “work performance has been very poor for some time,” and that “all efforts to remediate …
-
njcourts.gov
… and for determining whether a grandparent, seeking an order compelling visitation under the Grandparent Visitation … son’s separation from defendant, plaintiff Suzanne Major visited her granddaughter approximately once every two weeks; thereafter, she visited the child at her …
-
njcourts.gov
… while she shopped in a nearby store. The Division filed a complaint against E.D.-O. and her husband, pursuant to … incident. He stated that she was a caring mother who also very capably managed his electrical business. He told the … standard that that case established. In other words, every failure to perform a cautionary act is not abuse or …
-
njcourts.gov
… are essential for a fair trial. The trial court must give a comprehensible 2 explanation of the questions that the jury … to prevent or interfere with the formation of the requisite intent or mens rea; and b) that the claimed deficiency … ever forming the conscious intent to do so, and it was “very likely” defendant did not realize that he was drinking …
-
njcourts.gov
… of direct access from a state highway to property used for commercial purposes pursuant to the State Highway Access … property, will install signage directing patrons to the site, and will install a traffic signal to permit motorists … system[,]” N.J.S.A. 27:7-90(c), and recognized that every owner of property that abuts a public highway has “a …
-
njcourts.gov
… order the equitable remedy of disgorgement of an employee’s compensation when the employee has breached his or her duty … harassment claims. On January 13, 2005, following his discovery of some of Rosefielde’s misconduct and dissatisfaction … a showing of economic loss by an employer is a prerequisite to granting the remedy of equitable disgorgement. That …
-
njcourts.gov
… as a replacement teacher for a full-time teacher who was commencing parental leave. The school principal informed … appropriate certificate; and (3) she has served the requisite period of time.” Spiewak v. Bd. of Educ. of Rutherford, … note that there is no question but that each plaintiff had every reason to believe that it was the Board and only the …
-
njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS January 23, 2018 Via eCourts Daniel J. … that based upon demand and physical attributes of the site, the Highest and Best use of the Subject Property, as … here, for example, the sizes of each comparable were very close, and when the size was not similar, the …
-
njcourts.gov
… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY Patrick … five buildings containing 56 residential units, and related site improvements on the subject property. The complex, … and regulations of the Ukrainian Village, SCC, LP, and every member of SCC, LP, has the right of first refusal to …
-
njcourts.gov
… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY Patrick DeAlmeida R.J. Hughes Justice Complex Presiding Judge P.O. Box 975 25 Market Street … Land $2,000,000 Improvement $2,140,000 Total $4,140,000 Very truly yours, /s/ Hon. Patrick DeAlmeida, P.J.T.C. … …