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… the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the … newly minted liability arguments are speculative at best and do not constitute genuine issues of material fact. … 223 N.J. at 262). In Jeter, the plaintiff, "while walking away from the checkout area after realizing she forgot an …
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… Argued January 23, 2025 – Decided February 13, 2025 Before Judges Mawla and Walcott-Henderson. On appeal from the New Jersey Civil Service Commission, Docket No. 2023-1728. Catherine M. Elston argued … v. Kiss, 74 N.J. Super. 229, 240 (App. Div. 1962)). "[T]he best that can be said" of a candidate on an eligible list is …
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… eighteen months "for the limited purpose of allowing him to comply with an educational remediation plan." Accordingly, … of the statute is (1) unconstitutional because it took away his property interest in his medical license without due … (quoting W.S. v. Hildreth, 252 N.J. 506, 518 (2023)). "The best evidence of such intent 'is the statutory language,' …
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… presented no evidence that the City caused the boards to become uneven nor was there evidence that the City had actual … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … Viewing the facts most favorably to plaintiffs, their best argument is that the City should have discovered the …
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… no. 17-0012, on the property. Plaintiff filed a foreclosure complaint on June 14, 2021, naming Gupta as a defendant, as … in Green Knight Capital, as that opinion constituted, "at best[,] unsettled law." Resolving the parties' dispute over … [Id. at 273-74.] 12 A-2954-21 Although "the investor must always intervene before being allowed to redeem," the Court …
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… S.A.P. and J.L. were married, having had three children together ages ten, seven, and six. S.A.P. testified that she … office furniture from the car lot to her home three miles away. S.A.P. stated that it was after 7:00 p.m., and J.L. was … if S.A.P. did engage in intercourse, she would have the "best life." She testified that J.L. would make these …
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… REPRESENTATIVES, AND JUDICIARY CLERK DRIVER FROM THE COMPETITIVE TO THE NON-COMPETITIVE DIVISION OF THE CAREER … (1) it was for entry-level titles "requiring skills best assessed by direct observation during the working test … Judiciary Clerk 2 and Judiciary Account Clerk 1 vacancies together, making it impossible to know whether, and to what …
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… parties had a long-term dating relationship and resided together for about one year between 2018 and 2019. The parties … relayed that in October, she discovered nails in her driveway. She also discovered nails in her backyard and at her … to conduct and control proceedings in a manner that will best serve that goal." J.D., 207 N.J. at 482. A review of …
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… brief). PER CURIAM "[T]he sale of alcoholic beverages has always been subject to extraordinary regulation." Lyons Farms … each issuing authority by resolution, first approved by the commissioner, may impose any condition or conditions to the … 1:1-15.9(b). "A judge sitting on a bench trial is in the best position to determine if expert testimony on a …
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… Submitted June 4, 2018 – Decided Before Judges Whipple and Rose. On appeal from Superior Court … 3, 2018 2 A-3411-16T3 order dismissing with prejudice their complaint against defendants Eric Casaburi, Donald Grasso, … to take same in its "as is" condition, except that to the best of its knowledge, [defendants] represent[] that the …
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… to address the structural integrity of the entire roadway, not just the vicinity where the first collapse … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … subject to de novo review by an appellate court. Kieffer v. Best Buy, 205 N.J. 213, 222-23 (2011) (citing Jennings v. …
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… Submitted December 10, 2018 – Decided Before Judges Messano, Fasciale and Rose. On appeal from … into evidence approximately 250 exhibits. Yesterday, to the best of my recollection, you deliberated for approximately … a substantial effort . . . ." He continued, "[i]f they come back again, and in my determination at that point …
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… Argued May 9, 2017 – Decided Before Judges Rothstadt and Mayer. On appeal from Superior … for the reasons stated by Judge Stuart A. Minkowitz in his comprehensive, twenty-three page statement of reasons … N.J.S.A. 40:55D-70(d), and the proposed site was the best choice to provide the needed coverage. Plaintiff's …
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… on issues of law. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Applying these … non-retaliatory reason" for the decision. Jamison v. Rockaway Twp. Bd. of Educ., 242 N.J. Super. 436, 445 (App. Div. … to constitute severe or pervasive harassing conduct. At best, plaintiffs point to single isolated incidents to …
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… unfit to safely operate a motor vehicle on the highway."3 On November 20, 2014, a Burlington County grand jury … Carboxy-THC concentration found in [defendant's] blood, together with the chronological history regarding the time … "[i]t falls to the parties at trial, who are positioned best to gather and analyze the viability of an expert's …
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… of the zoning ordinances. Beginning in 2008, plaintiffs complained to the Township that Route 57 illegally used the … is deemed waived. N.J. Dep't of Envtl. Prot. v. Alloway Twp., 438 N.J. Super. 501, 505-06 n.2 (App. Div.), … non-conforming use is a question of fact the Board was best equipped to determine. Plaintiffs offer no evidence …
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… law, which we review de novo." Ibid. (quoting State v. Hathaway, 222 N.J. 453, 467 (2015)). Here, the facts are not … to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably … cause that a crime had been committed by defendant. At best, the positive canine alert gave the officer probable …
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… from military service in 2005, defendant worked for Computing Technologies, Inc. in Woodbridge, Virginia. From … '[t]he duties of former spouses regarding alimony are always subject to review or modification by our courts based … the Legislature made no such pronouncement. Indeed, "the best indicator of that intent is the statutory language." …
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… Submitted May 3, 2017 – Decided Before Judges Manahan and Lisa. On appeal from Superior Court … issue with the system. Defendant filed a motion to compel discovery on March 14, 2016. During the hearing, … depiction of what may have occurred inside the garage. At best, the video would have been of potential use to …
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… Defendant-Appellant. Submitted January 17, 2018 – Decided Before Judges Carroll and Mawla. On appeal from Superior Court … credentials, he noted a "very strong" odor of marijuana coming from the car. Wright told Belardo the car was … search does not depend on whether the [officer] used the best procedure, but rather on whether the officer's conduct …