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… Argued January 28, 2019 – Decided February 11, 2019 Before Judges Sabatino, Haas and Sumners. On appeal from the … injury, had it not been preceded by the July 2008 original injury, would qualify Brown for accidental … "[o]ne should anticipate that a sliding gate would jam or become inoperable, this is part of the usual job duties of …
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… Submitted November 8, 2018 – Decided Before Judges Nugent and Mawla. On appeal from Superior Court … Gornowski summary judgment and dismissing plaintiff's complaint. We affirm. The following facts are taken from the … J.S. v. R.T.H., 155 N.J. 330, 338 (1998) (alteration in original) (quoting Weinberg v. Dinger, 106 N.J. 469, 481 …
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… DIVISION DOCKET NO. A-0390-16T5 IN THE MATTER OF THE CIVIL COMMITMENT OF E.C. SVP-14-99. … Submitted October 4, 2018 – Decided Before Judges O'Connor and Whipple. On appeal from Superior … petition. E.C. has had numerous review hearings since his original commitment in 2000. His most recent hearing, the …
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… Submitted August 30, 2018 – Decided Before Judges Rothstadt and DeAlmeida. On appeal from Superior … September 11, 2017 order of the Law Division dismissing her complaint and compelling her to submit her employment … . . . on the basis of race, sex, religion, national origin, age, disability or other unlawful basis," …
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… Submitted December 10, 2018 – Decided Before Judges Messano and Rose. On appeal from Superior Court … October 26, 2016, more than five years after entry of the original JOC, defendant filed a pro se PCR petition. … supporting the IAC claims, namely, counsel failed to: 1) communicate adequately with defendant; 2) provide and review …
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… Submitted December 10, 2018 – Decided Before Judges Fasciale and Rose. On appeal from the New Jersey … as M.P.'s authorized representative who, in turn, completed a Medicaid application on behalf of M.P. Pertinent … 412 N.J. Super. 340, 349 (App. Div. 2010) (alteration in original). "Medicaid is a federally-created, …
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… Submitted November 28, 2018 – Decided Before Judges Koblitz and Mayer. On appeal from the Board of … in the male dominated restaurant business. When Medina complained to McLoone's executive chef about the general … an appellate court would come to the same conclusion if the original determination was its to make, but rather whether …
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… Argued September 17, 2018 – Decided Before Judges Haas and Sumners. On appeal from Superior Court … violation of law punishable by a period of incarceration, commits an offense if, without lawful excuse, he fails to … Marino v. Marino, 200 N.J. 315, 329 (2009) (alteration in original)). Yet, a statute's plain language "should not be …
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… Submitted September 18, 2018 – Decided Before Judges Hoffman and Firko. On appeal from Superior Court … not satisfy the exceptional circumstances required" to overcome the time-bar). III We analyze ineffective assistance of … credibility was undermined after she recanted her original statement that defendant shot the victim, instead …
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… STRAUS ASSOCIATES II and 11 HISTORY LANE OPERATING COMPANY, LLC, d/b/a CAREONE AT JACKSON, … Argued February 27, 2019 – Decided April 2, 2019 Before Judges Koblitz, Currier and Mayer. On appeal from … agreement that should be enforced. At no time in the original mediation agreement, the various drafts of the …
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… Submitted March 13, 2019 – Decided March 27, 2019 Before Judges Nugent and Mawla. On appeal from the Board of … in 1985, Banko reported multiple lower back and neck complaints to his supervisors. Within the first decade of … 412 N.J. Super. 340, 355 (App. Div. 2010) (alteration in original) (quoting Wnuck v. N.J. Div. of Motor Vehicles, 337 …
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… Submitted July 3, 2018 – Decided March 20, 2019 Before Judges O'Connor and Moynihan. On appeal from Superior … 27, 2017 Family Part order which, among other things, compels him to contribute toward the parties ' children's … Further, plaintiff failed to file any opposition to the original motion, even though defendant clearly relied upon …
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… DOCKET NO. A-1826-17T3 DEUTSCHE BANK NATIONAL TRUST COMPANY, as trustee on behalf of the holders of the WAMU … Argued November 9, 2018 – Decided March 20, 2019 Before Judges Simonelli and DeAlmeida. NOT FOR PUBLICATION … N.J. Super. 540, 551 (App. Div. 2015) (alteration in the original) (quoting Heyert v. Taddese 431 N.J. Super 388, 414 …
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… OF THE APPLICATION OF ALLENWOOD TERRACE APARTMENTS, LP FOR NINE PERCENT LOW-INCOME HOUSING TAX CREDITS FROM THE 2017 SENIOR CYCLE. … 337 N.J. Super. 52, 56 (App. Div. 2001) (alteration in original) (citation omitted). New Jersey's Fair Housing Act, …
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… Submitted November 29, 2018 – Decided Before Judges O'Connor, Whipple and DeAlmeida. On appeal from … On May 12, 2017, the police sought and were granted a communications data warrant (CDW) to search defendant's … 213 N.J. 424, 6 A-5229-17T1 440 (2013) (alteration in original) (quoting State v. Robinson, 200 N.J. 1, 15 …
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… Submitted November 19, 2016 – Decided Before Judges Fasciale and Sapp-Peterson. On appeal from … Civil Part, which dismissed plaintiff Dilmurod Akramov's complaint, in which he sought to recover his security … 351 N.J. Super. 427, 433 (App. Div. 2002) (alteration in original) (quoting State v. Locurto, 157 N.J. 463, 471 …
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… Submitted May 2, 2017 – Decided Before Judges Koblitz and Rothstadt. On appeal from Superior … Specifically he argues: BECAUSE DEFENDANT FLED BEFORE HE COMMITTED ANY OFFENSE, AND BECAUSE HE WAS SUBSEQUENTLY … language suggested by either party.'" Ibid. (alteration in original) (quoting Reddish, supra, 181 N.J. at 613); see …
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… Submitted January 10, 2017 – Decided Before Judges Messano and Guadagno. On appeal from the … Sicon was engaged as the general contractor to construct a commercial building on the property. Sicon hired Bedrock to … Marciano admitted that another firm had established the original proposed elevations for the job and he was merely …
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… Submitted February 8, 2017 – Decided Before Judges Carroll and Gooden Brown. On appeal from the … as a business record. Brogan identified on the map his original location and the location of the motor vehicle … uneven. Nonetheless, defendant claimed that he successfully completed the field sobriety tests and attributed the …
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… Submitted March 6, 2017 – Decided Before Judges Nugent and Currier. On appeal from Superior … guardianship action involve the trial court's denial of compensation to a guardian pendent lite and the fee award to … is an amended order. The temporary guardian represents the original order was entered on July 7, 2015. 4 A-0336-15T2 …