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391 Thisopinion shall not "constitute precedent or be binding upon any court Although it is posted on the internet, this opinion is binding only on the DOROTHY SPRUCE v. ROUTE 18 SHOPPING CENTER ASSOCIATES, BURGER KING CORP., PICTURE PERFECT LANDSCAPI -- rank: 464

... b/a FM FACILITY MAINTENANCE, NORTHWEST COMPANIES, INC., and PINO'S LANDSCAPING, Defendants-Respondents. _______________________________________ Submitted September 19, 2017 – Decided November ... on the brief). Kent & McBride, PC, attorney for respondent Pino's Landscaping (Christopher D. Devanny, on the brief). PER CURIAM In ... FM Facility Maintenance (FM), Northwest Companies, Inc. (Northwest), and Pino's Landscaping (Pino's). We affirm. We summarize the pertinent facts, viewing them in ... stump prior to her injury. At the time of plaintiff's accident, Burger King had a contract with defendant FM, effective ... Northwest then entered into a subcontract agreement with defendant Pino's, whereby Pino's agreed to provide exterior maintenance services ...

docket:	a0048-16
court:	NJ Superior Court Appellate Division
decided:	2017-11-16
status:	unpublished
citation:
Document Size:	31913

392 DANIELLE INFANTE v. JENNIFER KORTMAN -- rank: 464

... DC-1135-14. Cutolo Mandel, LLC, attorneys for appellant (Jeffrey S. Mandel, of counsel and on the brief). Respondents have not ... matter, plaintiff Danielle Infante appeals from the Special Civil Part's September 9, 2014 judgment in favor of defendants, Susan Kortman ... for damages to the [p]roperty resulting from [t]enant's occupancy." It appears that Jennifer lived in the apartment with ... the money in security to cover whatever is owed [let's] just call it even and part ways. We do not ... of emails she sent to defendants, as well as Jennifer's October 2, 2013 email advising plaintiff to keep the security ... these ambiguous rulings other than to tell plaintiff, "[t]hat's what I'm giving you. If you have a ...

docket:	a0747-14
court:	NJ Superior Court Appellate Division
decided:	2016-04-20
status:	unpublished
citation:
Document Size:	33532

393 PAMELA A. SCHVEY v. ROBERT M. SCHVEY -- rank: 461

... previously remanded because the motion judge made "unsupported, unexplained decision[s] without the benefit of any documentation," and the same mistakes ... plaintiff presents the following arguments: POINT I THE LOWER COURT'S REFUSAL TO AWARD APPELLANT EQUITABLE DISTRIBUTION FOR THE ROYAL JEFFGREG ... NOT SUPPORTED BY THE FACTS. POINT II THE LOWER COURT'S ORDER AS TO PHOENIX LIFE INSURANCE POLICIES MUST BE REVERSED ... JUDGMENT OF DIVORCE BY ADDING WORDS "PROVIDING THAT SAID ACCOUNT(S) EXIST.["] POINT IV THE COURT DID NOT HAVE THE AUTHORITY OR A VALID BASIS TO DENY APPELLANT'S EQUITABLE DISTRIBUTION OF THE AZTECH 401 K PLAN, BEARER BONDS ... AND WITHOUT THE BENEFIT OF ACCOUNT [DOCUMENTATION] AND ONLY RESPONDENT'S BARE ASSERTIONS. POINT VI THE CHANCERY DIVISION, FAMILY PART, ...

docket:	A0150-06
court:	NJ Superior Court Appellate Division
decided:	2008-06-23
status:	unpublished
citation:
Document Size:	63104

394 STATE OF NEW JERSEY v. DARRELL LOGAN -- rank: 461

... 04-09-0952 of second-degree sexual assault, N.J.S.A. 2C:14-3b (Count Two); third-degree criminal restraint, N.J.S.A. 2C:13-2 (Count Three); third-degree aggravated assault, N.J.S.A. 2C:29-2a (Count Five); and third-degree escape, N.J.S.A. 2C:29-5a (Count Six). On August 8, 2005 ... charging him with fourth-degree failure to register under Megan's Law, N.J.S.A. 2C:7-2d. On October 21, 2005, defendant ...

docket:	A3206-05
court:	NJ Superior Court Appellate Division
decided:	2007-06-19
status:	unpublished
citation:
Document Size:	40168

395 MID-ATLANTIC SURGICAL ASSOCIATES v. ROBERT DENT -- rank: 458

... pleural effusion-infection." By letter dated April 21, 2005, Dent's employer declined payment of any benefits for "hospitalizations of December ... benefits. The workers' compensation matter remains unresolved. Following his employer's denial of workers' compensation benefits, Dent submitted a claim for ... in the amount of $85,933.71. However, upon Dent's refusal to agree to reimburse the Fund from any recovery ... seeking payment of outstanding bills in the amount of $15,149.41. In a third-party action against the Fund and the Fund's claims administrator, Horizon Blue Cross Blue Shield of New Jersey, the Dents sought payment of Mid-Atlantic's and other provider's allegedly outstanding medical bills. Thereafter, ...

docket:	a0573-09
court:	superior court appellate division
decided:	2010-11-04
status:	unpublished
citation:
Document Size:	27261

396 JUNE SALLEE v. EDWARD STAGNITTI -- rank: 458

... argues the court erroneously permitted opinion testimony from The Mill’s expert engineer. Plaintiff also argues the trial court abused its ... In contravention to Nolte, Scott Derector, P.E., The Mill’s expert, testified that bollards were not required and if bollards ... The court ruled Derector was permitted to testify since Nolte's testimony “opened the door.” The Mill's counsel agreed to elicit testimony from Derector about the bollards ... how it occurred, what vehicle speed or speeds Mr. Stagnitti's vehicle was traveling? A: It's my understanding that when the vehicle hit the flagpole, ...

docket:	a3042-13
court:	NJ Superior Court Appellate Division
decided:	2015-01-06
status:	unpublished
citation:
Document Size:	26589

397 D.M.Z v. C.J.H., JR -- rank: 458

... 29, 2022, Family Part order, granting plaintiff D.M.Z.'s application for a final restraining order (FRO) pursuant to the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25- 17 to -35. Because we agree with ... complaint, plaintiff asserted that defendant had 'responded to her daughter's softball game' and 'threatened [her] when [she] refused to talk ... FRO' as prior history of domestic violence. Based on plaintiff's complaint, she was granted a temporary restraining order (TRO) on ... the court. Plaintiff testified defendant called her from their daughter's softball game, which was down the street from her residence ... local police station that evening. In response to the court's question whether she had 'problems with the defendant in ...

docket:	a3849-21
court:	NJ Superior Court Appellate Division
decided:	2023-09-29
status:	Unpublished
citation:
Document Size:	20750

398 ALICE McDANIEL v. FREDDIE WILLIAMSON -- rank: 458

... in repair costs that she alleged were caused by defendant's gutters and leaders, which the judge found were defective and caused water infiltration into plaintiff's house, thus necessitating the repairs. We reverse and remand for ... on August 13, 2008, in which she alleged that defendant's house was damaged and that it caused damage to her ... family rental property owned by defendant. She testified that defendant's property has leaders and gutters in the back of his ... series" of photographs of the leaders and gutters on defendant's property. She admitted that she never had a water remediation ... give defendant an opportunity to cross-examine plaintiff. During plaintiff's testimony, her son, Michael McDaniel, interjected testimony without having ...

docket:	a2753-08
court:	superior court appellate division
decided:	2010-01-20
status:	Unpublished
citation:
Document Size:	48717

399 STATE OF NEW JERSEY v. KEVIN JEROME HUDSON a/k/a KYWAN JUSTICE, KYWUN HUDSON -- rank: 455

... by a jury of third-degree aggravated assault, N.J.S.A. 2C:39-5d. He was sentenced on March 6, 2009, as a discretionary extended-term offender, N.J.S.A. 2C:44-3, to five years with twenty-four ... FOR AGGRAVATED ASSAULT. THE TRIAL JUDGE ERRED IN DENYING DEFENDANT'S MOTION FOR JUDGMENT OF ACQUITTAL. IN THE ALTERNATIVE THE VERDICT ... AGAINST THE WEIGHT OF THE EVIDENCE. POINT II THE COURT'S INSTRUCTION ON SECOND DEGREE AGGRAVATED ASSAULT (SERIOUS BODILY INJURY) AND ... FEBRUARY 8, 2006. (Partially Raised Below). POINT IV THE COURT'S INSTRUCTION ON POSSESSION OF A WEAPON UNDER CIRCUMSTANCES NOT MANIFESTLY ... FOR A LAWFUL USE WAS LEGALLY ERRONEOUS AND VIOLATED DEFENDANT'S CONSTITUTIONAL RIGHT TO A FAIR TRIAL. (Not Raised Below). ...

docket:	a4273-08
court:	superior court appellate division
decided:	2010-07-21
status:	unpublished
citation:
Document Size:	44802

400 B.H.R v. I.A.K -- rank: 455

... pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, at the end of ... to properly consider the factors set forth in N.J.S.A. 2C:25-29(a) as required by Silver v ... J. Super. 402, 412–14 (App. Div. 2016). I. Plaintiff's Testimony. The parties married in Pakistan in 2015, and have ... for her husband. In June 2017, defendant arrived in the U.S. and began living with plaintiff. On August 28, 2017, plaintiff ... refused to give her permission to socialize with her friend(s), did not allow her to take the children to ...

docket:	a3014-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-08
status:	Unpublished
citation:
Document Size:	19506

401 Pella LLC v City of Cape May\t -- rank: 455

... inferable or subject to easy calculation. The court rejects taxpayer’s claim for relief under the Correction of Errors statute. -1 ... block in the City of Cape May (City). The City’s tax maps designated the property as Block 1176. On January ... zoning variance. The subdivided parcels conform with the zoning ordinance’s lot size, setback, lot width, frontage and bulk requirements. Pella ... completed stormwater maintenance plan, and a review of the homeowner’s association documents, the draft deed restrictions and the subdivision plat ... separately. By May 1, 2017, the City engineer reported Pella’s completion of nearly 100% of the stormwater management improvements, 80 ... motion represents to the court the ripeness of the party’s right to prevail as a matter of law.” ...

docket:	013605-20
court:	tax
decided:	2024-05-03
status:	Unpublished
citation:
Document Size:	31402

402 DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.B. -- rank: 449

... Chancery Division, Family Part, Bergen County, Docket No. FN-02-149-13. Joseph E. Krakora, Public Defender, attorney for appellant (Jared ... PER CURIAM Defendant K.B. (Mother) appeals the trial court's order finding that she abused or neglected her minor daughters ... expressing concern for the minor children, because C.M., Mother's adult son, was also living in the home, and was ... B. and N.K. all the time due to Mother's work schedule. He admitted there was a great deal of ... calls went unanswered. The caseworker did make contact with Mother's adult daughter C.C.M. At trial, C.C.M.'s testimony included the following. C.M. had punched C. ...

docket:	a2679-13
court:	NJ Superior Court Appellate Division
decided:	2016-03-21
status:	unpublished
citation:
Document Size:	31614

403 CARLOS GAMEZ v. ST. EDWARD THE CONFESSOR PARISH DIOCESE OF METUCHEN -- rank: 449

... Law Division, Union County, Docket No. L-4998-10. Randi S. Greenberg argued the cause for appellant (Icaza & Burgess, attorneys; Douglas ... Anthony P. La Rocco, of counsel; Ms. Korgul and Matthew S. Sachs, on the brief). PER CURIAM Plaintiff Carlos Gamez appeals ... doctrine of res ipsa loquitur, given the circumstances of plaintiff's injury, and erred in holding that plaintiff's own actions "could have" caused the accident which led to ... F.2d 1358 , 1363 (3rd Cir. 1992), cert. denied , 507 U.S. 912 , 113 S. Ct. 1262 , 122 L. Ed.2d ...

docket:	a5648-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-19
status:	unpublished
citation:
Document Size:	21923

404 MID-ATLANTIC SOLAR ENERGY INDUSTRIES ASSOC. v. CHRIS CHRISTIE -- rank: 449

... the Electric Discount and Energy Competition Act (EDECA), N.J.S.A. 48:3-49 to -98.1, enacted in 1999 ... recover certain costs enumerated in this section. 1 N.J.S.A. 48:3-60(a). The Board of Public Utilities ... for specific legislatively prescribed purposes, including social programs, N.J.S.A. 48:3-60(a)(1); nuclear power plant decommissioning, N.J.S.A. 48:3-60(a)(2); manufactured gas plant remediation, N.J.S.A. 48:3-60(a)(4); and consumer education, N.J.S.A. 48:3-60(a)(5). In addition to ...

docket:	A3374-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-04
status:	published
citation:	418 N.J.Super. 499 14 A.3d 760
Document Size:	31597

405 WILLIAM COHEN v. CAROL FORDEN -- rank: 445

... and held the intellectual property rights associated with Artic Ease's products. At all relevant times, Forden served as the managing ... terms of the Operating Agreement, Cohen was designated as Costar's representative to Summetria's "Board of Directors" (the Board). In April 2012, Forden executed ... The basis for the requested loan was due to Summetria's lower than projected sales which resulted in difficulty in meeting ... extensions of the repayment date granted by Cohen. At Forden's request, one of the extensions included an additional $250,000 ... by Cohen to Summetria. The loan was based upon Forden's continued assurances that, through its provision, the regular business ...

docket:	a0498-15
court:	NJ Superior Court Appellate Division
decided:	2017-01-26
status:	unpublished
citation:
Document Size:	28998