Search Rutgers Law Library N.J. Court Opinions

1546 ASCENTIUM CAPITAL LLC v. AA MANAGEMENT SYSTEMS LIMITED LIABILITY COMPANY -- rank: 517

... its principal, Ali R. Mazandarani, appeal from the Law Division's January 23, 2018 order granting plaintiff Ascentium Capital LLC summary ... parties' dispute arose from agreements under which plaintiff financed AMS's purchase of a co-generation system from third-party defendant ... bar their claims because Kunish and Helios acted as plaintiff's agent and they fraudulently failed to install the equipment. Moreover ... the 'hell or high water' clause, entered judgment in plaintiff's favor, and awarded attorneys' fees. On appeal, defendants contend that ... Consumer Fraud Act (CFA), A-3813-17T4 3 N.J.S.A. 56:8-1 to -211, and awarded damages and ... contentions are without merit, except as to the motion judge's award of attorneys' fees that we now vacate and ...

docket:	a3813-17
court:	NJ Superior Court Appellate Division
decided:	2019-10-28
status:	Unpublished
citation:
Document Size:	53655

1547 U.S. BANK NATIONAL ASSOCIATION v. AJAY KAJLA -- rank: 517

... COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON ... 2015 second-amended final judgment of foreclosure entered in plaintiff's favor. We affirm. Defendant obtained a loan from Metrocities Mortgage ... 1, the court may relieve a party or the party's legal representative from a final judgment or order for the ... the operation of the judgment or order. "The trial court's determination under the rule warrants substantial deference, and should not ... 191 N.J. 88 , 123 (2007)). Most relevant to defendant's contentions is either Rule 4:50-1(a) or ( ...

docket:	a3875-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-22
status:	unpublished
citation:
Document Size:	17767

1548 STATE OF NEW JERSEY IN THE INTEREST OF L.B. -- rank: 517

... attorney; Candace Caruthers, of counsel and on the briefs). Milton S. Leibowitz, Special Deputy Attorney General/Acting Assistant Prosecutor, argued the ... Jersey (Lyndsay V. Ruotolo, Acting Union County Prosecutor, attorney; Milton S. Leibowitz, of counsel and on the brief). PER CURIAM L ... constitute second-degree unlawful possession of a firearm, N.J.S.A. 2C:39-5(b)(1) (count one); fourth-degree possession of hollow point bullets, N.J.S.A. 2C:39-3(f) (count two); second-degree possession ... controlled dangerous substance (CDS) with intent to distribute, N.J.S.A. 2C:39-4.1(a) (count three); third- degree ... a CDS and possession with intent to distribute, N.J.S.A. 2C:35-10(a)(1) (counts six and ...

docket:	a1227-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-29
status:	Unpublished
citation:
Document Size:	31671

1549 STATE OF NEW JERSEY v. DEVON KING -- rank: 517

... Kmieciak, Deputy Attorney General, argued the cause for respondent (Gubir S. Grewal, Attorney General, attorney; Jennifer E. Kmieciak, of counsel and ... STOP. ALTERNATIVELY, THE SEARCH OF THE WHEEL WELL OF DEFENDANT'S CAR WITHOUT PROBABLE CAUSE VIOLATED BOTH THE STATE AND FEDERAL ... Police Effected an Unconstitutional Search When They Intruded Into Defendant's Wheel Well to Detach the Magnetic Key Holder. C. The ... an appellate court is 'free to affirm the trial court's decision on grounds different from those relied upon by the ... report, which the judge read into the record. On January 14, 2006, three police officers were among a group of officers ... spoke to the man. Defendant then went to the driver's side front tire, 'reached down and appeared to be ...

docket:	a3531-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-08
status:	unpublished
citation:
Document Size:	35073

1550 STATE OF NEW JERSEY v. JAMES J EICHELE -- rank: 517

... JERSEY, Plaintiff-Respondent, v. JAMES J. EICHELE, Defendant-Appellant. ________________________________________________________________ April 14, 2011 Submitted March 21, 2011 - Decided Before Judges Lisa and ... against him, namely, (1) third-degree attempted burglary, N.J.S.A. 2C:18-2 and N.J.S.A. 2C:5-1; (2) third-degree burglary, N.J.S.A. 2C:18-2; (3) third-degree receiving stolen property, N.J.S.A. 2C:20-7; and (4) second-degree possession of a weapon by a previously convicted person, N.J.S.A. 2C:39-7b(1). For the second-degree ...

docket:	a3954-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-14
status:	unpublished
citation:
Document Size:	18447

1551 OF YOUTH AND FAMILY SERVICES,1 v. P.W. and E.M IN THE MATTER OF THE GUARDIANSHIP OF S.T.M. and Q.M -- rank: 517

... M., Defendants-Appellants. ______________________________________ IN THE MATTER OF THE GUARDIANSHIP OF S.T.M. and Q.M., Minors. _______________________________________ January 4, 2013 Submitted ... 10) (Gregory K. Byrd, Designated Counsel, on the brief). Jeffrey S. Chiesa, Attorney General, attorney for respondent (Andrea M. Silkowitz, Assistant ... Joseph E. Krakora, Public Defender, Law Guardian, attorney for minor S.T.M. (Katherine J. Bierwas, Designated Counsel, on the brief ... parental rights to their son Q.M. (Quentin) and daughter S.M. (Sasha). We have consolidated their separate appeals. Defendants challenge ... in the best interests of their children. See N.J.S.A. 30:4C-15.1(a). In addition, Paula contends ... Safe Haven Infant Protection Act (Safe Haven Act), N.J.S.A. 30:4C-15.5- 15.11. After reviewing ...

docket:	a5951-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-04
status:	unpublished
citation:
Document Size:	63164

1552 STATE IN THE INTEREST OF L.Y. -- rank: 517

... THE INTEREST OF L.Y. ________________________________________________________________ September 22, 2010 Submitted September 14, 2010 - Decided Before Judges Carchman and Graves. On appeal from ... of a controlled dangerous substance (CDS), crack cocaine, N.J.S.A. 2C:35-10a(1). The juvenile was placed on ... 21, 2008, Detective Scott Samis of the Monmouth County Prosecutor's Office obtained a no-knock search warrant. Judge Chaiet granted ... affidavit prepared by Detective Samis, a member of the Prosecutor's Office Narcotic Strike Force. The target of the search warrant ... Tinton Falls New Jersey. During a consent search of Mitchell's vehicle, the Tinton Falls Police discovered a handgun with a ... the residence, Coger entered the building and returned to Mitchell's car with crack cocaine and the handgun police had ...

docket:	a4971-08
court:	superior court appellate division
decided:	2010-09-14
status:	unpublished
citation:
Document Size:	28908

1553 THE HOLDER GROUP INC v. PIKE CONSTRUCTION CO LLC -- rank: 514

... Law Division, Essex County, Docket No. L-4909-15. Jeffrey S. Mandel argued the cause for appellant. John D. Horowitz argued ... for partial summary judgment. Plaintiff also challenges the trial court's rulings on various pretrial motions. For the reasons that follow ... services. During an initial meeting, Holder informed Brian Stolar, Pinnacle's president, that 'in order for [plaintiff] to participate in construction ... defendants, Pike Construction Co., LLC (Pike) and Jeffrey Abrams (Pike's part-owner), in an attempt to form a joint venture ... projects with Pinnacle together'; however, he 'was skeptical of [plaintiff's] ability to perform and fully expected that [Pike] would end ... it . . . [eighty] percent of the checkmarks are in both [plaintiff's and Pike's] columns. . . . [T]here were . . . dark checks ...

docket:	a5098-17
court:	NJ Superior Court Appellate Division
decided:	2019-11-06
status:	Unpublished
citation:
Document Size:	30409

1554 TOX DESIGN GROUP, LLC v. RA PAIN SERVICES, PA -- rank: 514

... A-0230-19T1 2 involve the merits of RA Pain's allegations against Buck, we briefly recount the pertinent facts, allegations ... party shall be responsible for his or her own attorney's cost and fees. A-0230-19T1 3 [(Emphasis added).] The ... thereof. This Section 20 shall not be applicable to Section 14, Prohibited Competition and Solicitation. Covenant Not to Compete. [(Emphasis added).] Buck, with RA Pain's authority and on its behalf, entered into contracts with several companies to provide laboratory management services for RA Pain's in-house drug screening laboratory, including AtMedicalCo, LLC (AtMedical).1 ... into his alleged fraudulent conduct. The trial court denied Buck's motion in January 2019; we denied his motion for ...

docket:	a0230-19
court:	NJ Superior Court Appellate Division
decided:	2020-03-25
status:	Unpublished
citation:
Document Size:	27581

1555 STATE OF NEW JERSEY v. TREMAYNE A. RODRIGUEZ -- rank: 514

... second time we have granted the State of New Jersey's motion for leave to appeal from a pre-trial evidentiary ... defendant Tremayne Rodriguez. State v. Tremayne Rodriguez , No. A-4266-14 (App. Div. Feb. 25, 2016) (slip op. at 2-4). 1 We reversed a portion of the trial court's April 13, 2015 order (the April 2015 order) that barred introduction of evidence contained in defendant's statement to police regarding his gang affiliation. Id. at 15 ... going to get his gun, to support the [d]efendant's self-defense argument . [ Id. at 6 (emphasis added).] Defendant conceded ... on August 1, 2010, he had no knowledge of Johnson's prior possession of a weapon or conviction for aggravated ...

docket:	a0385-16
court:	NJ Superior Court Appellate Division
decided:	2017-02-06
status:	unpublished
citation:
Document Size:	35054

1556 STATE OF NEW JERSEY v. CARLOS CAMACHOCRUZ -- rank: 514

... guilty by a jury of third-degree burglary, N.J.S.A. 2C:18-2, and third-degree theft by unlawful taking, N.J.S.A. 2C:20-3a. Following merger of the theft into ... need for deterrence) and no mitigating factors were found. 466 U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984 ... N.J. 42 , 58 (1987), as the result of counsel's failure to challenge defendant's show-up identification by ...

docket:	A0082-05
court:	NJ Superior Court Appellate Division
decided:	2007-05-23
status:	unpublished
citation:
Document Size:	49632

1557 WILMINGTON SAVINGS FUND SOCIETY, FSB v. MITCHELL MINCHELLO -- rank: 514

... or trial loan modification payments allegedly improperly retained by [plaintiff's servicer] FCI Lender Services, Inc.,' the order denying their motion ... uncontested manner in exchange for A-3522-21 3 plaintiff's agreement to delay its application for final judgment for four ... FSB, as Trustee for Stanwich Mortgage Loan Trust A. Stanwich's servicer was Carrington Mortgage Services, LLC. Stanwich substituted in as ... was being transferred to FCI Lender Services, Inc. effective December 14, 2017. Two days later, on December 1, Carrington sent defendants ... for a loan 1 Defendants admitted in response to plaintiff's statement of material facts that Carrington sent the cancellation notice ... the monthly trial payment dated the same date as FCI's denial letter, February 7, 2018, which was not received ...

docket:	a3522-21
court:	NJ Superior Court Appellate Division
decided:	2023-12-08
status:	Unpublished
citation:
Document Size:	46946

1558 JAMES L. MARCHESE v. REBECCA L. GRANDE -- rank: 514

... would likely result in jail time. The judge rejected plaintiff's claim of changed circumstances as unsupported by any evidence showing that the children's custody should be altered. He observed, for instance, that because ... that a plenary hearing was necessary. Plaintiff asserted that defendant's guilty plea to a felony demonstrated a lack of moral ... was needed to raise teenage boys. The judge denied plaintiff's motion for reconsideration on March 9, 2012, reiterating that plaintiff ... degree charge. The judge also noted that, contrary to plaintiff's original claim, defendant's housing was not in jeopardy. The judge concluded that ...

docket:	a3933-11
court:	NJ Superior Court Appellate Division
decided:	2013-11-15
status:	unpublished
citation:
Document Size:	20143

1559 STATE OF NEW JERSEY v. JOSE I. LEWIS -- rank: 514

... indicted on charges of second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) (count one), third-degree aggravated assault, with knowing bodily injury, N.J.S.A. 2C:12-1(b)(2) (count two), third-degree terroristic threats, N.J.S.A. 2C:12-3(a) (count three), third-degree criminal restraint, N.J.S.A. 2C:13-2 (count four), armed robbery, N.J.S.A. 2C:15-1 (count five), and kidnapping, N.J.S.A. 2C:13-1(b) (count six). The charges ...

docket:	a0662-09
court:	superior court appellate division
decided:	2010-11-05
status:	unpublished
citation:
Document Size:	21698

1560 STATE OF NEW JERSEY v. TROY SWINT -- rank: 514

... was convicted after trial of first-degree kidnapping, N.J.S.A. 2C:13-1(b)(1); second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1); third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d); and second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a). The victim of the kidnapping ... App. Div. July 30, 2008), certif. denied , 197 N.J. 14 (2008). Defendant's first PCR petition was denied. State v. Swint , No. ...

docket:	a5733-11
court:	NJ Superior Court Appellate Division
decided:	2013-07-25
status:	unpublished
citation:
Document Size:	17614