Cummings v bahr

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August undefined, 2024

WebPlaintiff filed suit against defendant in the Special Civil Part to recover defendant's unpaid assessments for a residential condominium unit in Atlantic City. A default judgment for $13,015.40 was obtained on March 31, 2011. On November 7, 2011, plaintiff docketed the judgment with the Superior Court. WebDec 10, 2003 · Bahr, 295 N.J.Super. 374, 384-85, 685 A.2d 60, 65-66 (App.Div.1996), and if that substantive shortcoming were given as the reason for denying oral argument. Here, however, we have no explanation from the motion judge to enlighten us about why the request for oral argument was denied.

State of New Jersey

On April 5, 1992, plaintiff Cynthia Cummings, accompanied by two friends, visited her mother Mrs. Bahr, the defendant. The primary purpose of that visit is in dispute. Plaintiff contends that she visited her mother for the primary purpose of moving the fig trees and grapevines from where they had been placed by her … See more R. 4:49-2 was thoroughly discussed in D'Atria v. D'Atria, 242 N.J. Super. 392 , 576 A.2d 957 (Ch.Div. 1990), where the court noted that … See more Plaintiff contends that the motion judge erred in failing to permit their second motion for reconsideration. We disagree. The judge abided by the clear meaning of R. 4:49-2 and, in doing so, he clearly did not abuse his … See more We also conclude that plaintiff's attempt to argue invitee status is barred by judicial estoppel. The doctrine of judicial estoppel operates to "bar a … See more Web6 A-3925-21 I. "The court's grant or denial of summary judgment is reviewed de novo, subject to the Rule 4:46-2 standard that governs a . . . ruling on a summary simple earring ideas

B. T. L., f/k/a D., Plaintiff-Respondent, v. P. A. D., Defendant ...

WebApr 23, 2012 · On appeal, plaintiff asserts that defendant committed two procedural violations1 that should have precluded the judge from deciding defendant's enforcement motion: (1) defendant failed to serve plaintiff properly as required under R. 1:5-2, and (2) the court improperly accepted an unsigned copy of the PSA as a supporting document in … WebCummings v. Bahr, 295 N.J. Super. 374, 384 (App. Div. 1996) (quoting D'Atria v. D'Atria, 242 N.J. Super. 392, 401 (Ch. Div. 1990)). When a trial court denies a party's motion for reconsideration, a reviewing court shall overturn the denial only in the event the court abused its discretion. Marinelli v. WebMay 3, 2016 · According to the 2006 Appellate Division case of Cummings v. Bahr, , motions for reconsideration are applicable only when the court’s order is based on plainly incorrect reasoning when the court failed to consider evidence, or there is a good reason for it to consider new information on an issue decided. simple earth coloring page

Cummings v. Bahr, 295 N.J. Super. 374 Casetext Search

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WebCUMMINGS v. BAHR. Email Print Comments (0) View Case. Cited Cases. Citing Case. Citing Cases. Listed below are those cases in which this Featured Case is cited. Click on … WebDec 3, 1996 · CUMMINGS v. BAHR The opinion of the court was delivered by KLEINER, J.A.D. Plaintiffs Cynthia Cummings and John Cummings, suing per quod, appeal from … simple earn moneyWebCummings v. Bahr, 295 N.J. Super. 374, 389 (App. Div. 1996). An abuse of discretion occurs "when a decision is 'made without a rational explanation, inexplicably departed from established policies, or rested on an impermissible basis.'" ... or 11 A-2550-21 failed to appreciate the significance of probative, competent evidence." Dennehy v. E ... simple eagle scout ceremony script

"WebMar 26, 2008 · Both the Cummings and Bahrle decisions suggest that a new theory of either defense or liability is an insufficient basis to review a grant of summary judgment. … " - Cummings v bahr

Cummings v bahr

WebJun 27, 2014 · See Cummings v. Bahr, 295 N.J.Super. 374, 384–88 , 685 A. 2d 60 (App.Div.1996). To be sure, we are mindful that DWI defendants commonly do not “hang back” and save until the defense case at trial their competing witnesses and arguments challenging the prosecution's BAC results. WebMay 28, 2024 · The Cummings standard, the “nothing new” idea, and the “arbitrary and capricious” test are all likewise limited to final orders. For interlocutory orders, …

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Web“Motions for reconsideration are committed to the sound discretion of the trial courts, and the authority to reconsider an earlier decision should be exercised in the interest of justice.” … Webv. GILBERT MARCOVICI, Defendant-Respondent, and THE VILLAGE OF RIDGEWOOD, THE VILLAGE OF RIDGEWOOD DEPARTMENT OF PUBLIC WORKS, THE VILLAGE OF ... Cummings v. Bahr, 295 N.J. Super. 374, 389 (App. Div. 1996). "Reconsideration cannot be used to expand the record and reargue a motion." Capital Fin. Co. of Delaware Valley,

WebJan 10, 2024 · Because Rule 4:49-2 applies only to motions to alter or amend final judgments and final orders, and doesn’t apply when an interlocutory order is challenged, so too the standard described in Cummings v. Bahr – the standard cited by the trial judge that requires a showing that the challenged order was the result of a “palpably incorrect or ... WebCummings v. Bahr, 295 N.J. Super. 374, 389 (App. Div. 1996). Reconsideration should only be granted in "those cases which fall into that narrow corridor in which either 1) the [c]ourt has expressed its decision based upon a palpably incorrect or irrational basis, or 2) it is obvious that the

WebSep 9, 2024 · Motions for reconsideration of all orders have historically been analyzed by trial courts using the framework provided by the Appellate Division in Cummings v. … WebNov 6, 2024 · JAMES CUMMINGS, Plaintiffs-Appellants, v. HARVEY BAHR and MADELINE BAHR, Defendants-Respondents. Argued November 6, 1996 - Decided …

WebCummings v. Bahr, 295 N.J. Super. 374, 384 (App. Div. 1996). The moving party must show that the court acted in an arbitrary, capricious or unreasonable manner. D'Atria, supra, 242 N.J. Super. at 401. ‘Although it is an overstatement to say that a decision is not arbitrary, capricious, or

Web[Cummings v. Bahr, 295 N.J. Super.374, 384 (App. Div. 1996), , citing D’Atria v. D’Atria, N.J. Super.392, 402 402 (Ch. Div. 1990)(stating - "[r]econsideration is a matter within the … simple earth templeWebDec 3, 1996 · On April 5, 1992, plaintiff Cynthia Cummings, accompanied by two friends, visited her mother Mrs. Bahr, the defendant. The primary purpose of that visit is in … simple earth diagramWebNov 6, 1996 · Opinion for Cummings v. Bahr, 685 A.2d 60, 295 N.J. Super. 374 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal … raw hemp capsulesWebMay 27, 2024 · Bahr to pendente lite reconsideration motions. That standard requires a showing that the challenged order was the result of a “palpably incorrect or irrational” … simple earth\u0027s energy budget experimentsWebDec 1, 2024 · In that situation, Rule 4:49-2 applies, and a party must file within 20 days. Further, the standard that the Middlesex Court described—usually credited to the case of … simple earth paper towelsWebCummings v. Bahr, 295 N.J. Super. 374 (App. Div. 1996); D'Atria v. D'Atria, 242 N.J. Super. 392 (Ch. Div. 1990); In The Matter Of The Petition Of Comcast Cablevision Of S. Jersey, Inc. For A Renewal Certificate Of Approval To Continue To Construct, Operate And Maintain A Cable Tel. Sys. In The City Of Atl. City, Cnty. raw hemp butterWebMay 27, 2024 · Because Rule 4:49-2 applies only to motions to alter or amend final judgments and final orders, and doesn’t apply when an interlocutory order is challenged, … simple easee