NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION The opinion of the court was delivered by NUGENT , J.A.D. This appeal involves claims for breach of contract and consumer fraud. In 2010, the building housing the Merion Inn restaurant and bar in Cape May was damaged by a fire. Plaintiff All Risk, Inc., d/b/a All Risk Restoration and Damage Contractors, contracted with the building's and restaurant's owners to provide emergency, demolition, and estimating services....
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. PER CURIAM . In an earlier suit in 2012, plaintiff Michael Bandler obtained a default judgment against Evelyn Melillo for $54,159.13; plaintiff later secured an order, entered in that action on October 21,...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R .1:36-3. PER CURIAM . In this wrongful termination action, plaintiff Denita Zieger appeals from the Law Division's March 10, 2016 order compelling arbitration of her claims against defendant Legacy Human Resources,...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. PER CURIAM . Plaintiff Latonya Dean was allegedly injured when defendants' commercial vehicle rear-ended her leased car on a street in Newark, New Jersey. At the time of the accident, plaintiff's car,...
The opinion of the court was delivered by LEONE , J.A.D. Defendant Terri Hannah appeals her July 10, 2015 conviction for simple assault after a trial de novo in the Law Division, following her conviction in municipal court. She argues that a Twitter posting was improperly admitted into evidence, citing a Maryland case requiring that social media postings must be subjected to a greater level of authentication. We reject that contention, holding that New Jersey's current standards for...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. PER CURIAM . J.W. appeals from an August 3, 2015 order for continued involuntarily commitment at the Trenton Psychiatric Hospital. We affirm. On October 16, 2012, J.W. was found not guilty by reason of...
The opinion of the court was delivered by LEONE , J.A.D. Defendant Terri Hannah appeals her July 10, 2015 conviction for simple assault after a trial de novo in the Law Division, following her conviction in municipal court. She argues that a Twitter posting was improperly admitted into evidence, citing a Maryland case requiring that social media postings must be subjected to a greater level of authentication. We reject that contention, holding that New Jersey's current standards for...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION PER CURIAM . Defendant Vere D. Cannonier appeals from a judgment of conviction entered after he pled guilty to second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b), for which he was sentenced to a five-year custodial term with three and one-half years of parole ineligibility. The charge followed an incident in which law enforcement officers found a handgun beneath the driver's seat of a vehicle occupied by...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. PER CURIAM . This matter is before us a second time. In our prior opinion, we set forth the factual background and procedural history that led to the first appeal, and we incorporate that prior discussion...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. PER CURIAM . This is defendant's second appeal from orders denying his motion to suppress the seizure of a handgun and bullets. In 2011, following the denial of his motion to suppress, defendant Foshea...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. PER CURIAM . Defendant S.P. 1 appeals the trial court's July 8, 2015 order denying her application for a firearms purchaser identification card ("FPIC") and handgun purchase permit (collectively, a "...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. PER CURIAM . Defendant Robert Miller appeals from a January 6, 2015 Law Division order denying his post-conviction relief (PCR) petition without an evidentiary hearing. Having reviewed defendant's...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. PER CURIAM . The court being advised by the parties in the above matter that the issues in dispute have been amicably resolved, the appeal is accordingly dismissed with prejudice and without costs to...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. PER CURIAM . In this appeal, we consider whether defendant transferred ownership of a motor vehicle, which plaintiff towed and stored, and for which plaintiff sought compensation by way of this special...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. PER CURIAM . Defendant Rene M. Jackson was tried before a jury and found guilty of second-degree possession of a weapon for an unlawful purpose, contrary to N.J.S.A. 2C:39-4(a), and fourth-degree...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION The opinion of the court was delivered by NUGENT , J.A.D. This personal injury action arose out of a construction site accident. Plaintiffs Armando Hector Lopez-Montes and Irma Arellano 2 appeal from the March 30, 2012 summary judgment dismissal of their complaint against defendants Horizon Development Group, John Ferguson, Ferguson Construction Company, Final Kote, LLC, and Angel Menendez. Our review of the record leads...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION The opinion of the court was delivered by NUGENT , J.A.D. Following binding disciplinary arbitration, an arbitrator upheld the termination of plaintiff John Barry's employment as a police officer at the Port Authority of New York and New Jersey (the Authority) based on his testing positive for amphetamines on a random drug screen. Plaintiff filed a Law Division action seeking to set aside the arbitration award. The trial...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R .1:36-3. PER CURIAM . Tahron Miles appeals from a June 26, 2014 Family Part order forfeiting and transferring title of his weapons to the Camden County Prosecutor's Office and forfeiting his Firearms Purchaser...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R .1:36-3. PER CURIAM . Defendant Stephen Wardenski appeals from a conviction after a trial de novo in the Law Division for driving while intoxicated, N.J.S.A. 39:4-50. We affirm. On December 17, 2013, defendant...
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION The opinion of the court was delivered by NUGENT , J.A.D. The sole issue on this appeal is whether petitioner Gerardo Martinez, a Hammonton detective and hostage negotiator, met certain standards for receiving accidental disability retirement benefits; namely, whether his disabling post-traumatic stress disorder (PTSD) directly resulted from a qualifying terrifying or horror-inducing traumatic event that was undesigned...
