Cummings v bahr

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. WebNov 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 …

THOMAS M. HAYES, JR v. DEBRA A. HAYES :: 2012 - Justia Law

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 WebCummings v. Bahr, 295 N.J. Super. 374, 389 (App. Div. 1996). A motion for reconsideration is meant to "seek review of an order based on the evidence before the court on the initial motion . . . not to serve as a vehicle to introduce new evidence in order to cure an inadequacy in the motion record." Cap. Fin. Co. of Del. Valley, Inc. v. chubb classic 2022 tickets https://naughtiandnyce.com

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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 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 … WebMar 1, 2011 · The agreement obligated husband to pay wife four years of limited duration alimony at $4,000 per month, commencing on August 1, 2008, based on husband's income of $185,000 and wife's income of $25,000. desert west obgyn sonoran location

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Cummings v bahr

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WebDec 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 … WebBecause 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 A-2443-20 6 result of a "palpably ...

Cummings v bahr

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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 … 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. …

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, … WebNov 6, 2024 · JAMES CUMMINGS, Plaintiffs-Appellants, v. HARVEY BAHR and MADELINE BAHR, Defendants-Respondents. Argued November 6, 1996 - Decided …

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.” …

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 …

WebMay 5, 2024 · evidence," quoting Cummings v. Bahr, 295 N.J. Super. 374, 384 (App. Div. 1996); • "the overlay [of] the law of the case," which the judge described as a doctrine that "instructs courts to respect . . . the rulings of a different judge . . . during the pendency of the given case unless presented by substantially different chubb classic 2023 leaderboardWebCummings 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. chubb classic 2023 ticketsWebMar 26, 2008 · Bahr, 30 the plaintiff admitted that she was a social licensee when she was present on certain real property. 31 The trial court entered summary judgment dismissing the plaintiff's negligence complaint on the basis that the land owner did not breach the limited duty of care owed to licensees. 32 The plaintiff then filed two consecutive motions … chubb classic 2022 tvWebMay 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” … chubb classic 2023 tee timesWebThe various Law Division judges were extremely indulgent. The constant resort by Suburban to reconsideration applications was at best an abuse of the letter and the spirit of the rules, see Cummings v. Bahr, 295 N.J. Super. 374, 384 (App. Div. 1996); Palumbo v. chubb classic 2023 winnerWebCUMMINGS 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 … chubb classic 2022 proamWebMay 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, … desert west obstetrics \\u0026 gynecology ltd