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… Argued on January 25, 2023 – Decided May 17, 2023 Before Judges Enright and Bishop-Thompson. On appeal from the … Docket No. L-0931-19. Matthew A. Luber and R. Armen McOmber argued the cause for appellant (McOmber, McOmber and … this conclusion, the judge explained: 10 A-0353-21 what is most damning about [p]laintiff's claim is her own, …
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… defendant Stillwater Property and Casualty Insurance Company, improperly pled as Stillwater Insurance Group … noted the engineer concluded the foundation wall was "displaced inward due to lateral pressure . . . [that] is the … argues the motion judge failed to construe the facts most favorably to him and improperly granted summary …
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… September 24, 2024 – Decided December 16, 2024 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … on one of the disciplinary actions, plaintiff filed a complaint against Hudson County, Meadowview, Dr. Edward … D'Elia determined the record, even considered in a light most favorable to plaintiff, demonstrated that defendants …
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… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY MARY SIOBHAN … it does not include ordinary painting, repairs, replacement of maintenance items or the enlargement of an … hand in favor of the moving party, when viewed in the light most favorable to the non-moving party. See Brill v. …
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… JUDY GROSS, his wife, Plaintiffs-Appellants, v. BOROUGH OF FORT LEE, Defendant-Respondent, and CHURCH OF GOOD SHEPARD, … summary judgment dismissal of his slip and fall negligence complaint against defendant Borough of Fort Lee and from a … order denying reconsideration. We affirm. The facts, viewed most favorably to plaintiff, Brill v. Guardian Life …
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… or educationally disadvantaged students. The New Jersey Commission on Higher Education has adopted regulations … early on, changed the way she was perceived in the workplace. Russell claimed Amon took budgeting responsibilities … against her, as well as her difficulties in planning the most important events for which she was responsible as the …
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… smacked his sister. She wanted 3 A-1863-16T4 defendant to come to the apartment and talk to the man who struck his … on the merits, "viewing the facts alleged in the light most favorable to the defendant." Ibid.; see also State v. … that Rule 1:8-2(d)(1) permits the court to remove and replace a juror for a physical illness, and nothing in the …
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… attorney was relieved on the day of trial; (3) imputing income to defendant David Colarusso, resulting in an … the parties jointly purchased a residence in Allendale. For most of the marriage, plaintiff owned and worked as a hair … Notably, she deemed the testimony from both parties "unreliable and incredulous . . . as to their earning …
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… Argued March 12, 2019 – Decided August 30, 2019 Before Judges Hoffman, Suter and Geiger. On appeal from the … the result of which was to dismiss Christian Mission's complaint for tax exemption for the 2013 tax year. We affirm … (quoting R. 4:46-2(c)). On this appeal, we review the facts most favorably to Christian Mission. See ibid. 8 A-3547-17T2 …
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… Submitted March 19, 2019 – Decided August 23, 2019 Before Judges Rothstadt and Gilson. On appeal from the … (App. Div. 1999) (quoting 29 U.S.C.A. § 1056(d)(3)(B)(i)). "Most often, a [QDRO] is used to transfer the interest to the … defendant retired on October 2, 2014, and plaintiff filed a Complaint for Divorce on December 28, 2015. In October 2016, …
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… Submitted December 5, 2017 – Decided Before Judges Carroll and Mawla. On appeal from Superior Court … judgment in favor of defendant ONE Bus dismissing her complaint. We affirm. NOT FOR PUBLICATION WITHOUT THE … court considers all of the evidence submitted "in the light most favorable to the non-moving party," and determines if …
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… Submitted October 30, 2017 – Decided Before Judges Ostrer and Whipple. On appeal from Superior … R. 1:36-3. December 28, 2017 2 A-4376-16T2 motion to compel a buccal swab, and granting the defense motion … to due process," and demonstrated blatant disregard for the most basic of constitutional safeguards. The judge …
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… Submitted September 12, 2017 – Decided Before Judges Yannotti and Leone. On appeal from Superior … a petition for post-conviction relief (PCR) and a motion to compel DNA testing of a hat found in defendant's minivan … whatever realistically possible test results would be most favorable to defendant." State v. Peterson, 364 N.J. …
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… Submitted December 21, 2017 – Decided Before Judges Rothstadt and Gooden Brown. On appeal from … petition by order dated December 15, 2015. She issued a comprehensive, twenty-four 5 A-3299-15T3 page written … of [s]tandby [c]ounsel and effectively obstructed most [of his] efforts to assist. Defendant . . . failed to …
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… Submitted March 25, 2019 – Decided May 17, 2019 Before Judges Messano and Gooden Brown. On appeal from … hearing, the parties entered into a consent order resolving most of the outstanding issues in the case. In the February … defendant in violation of litigant's rights for failing to comply with the provisions of the first agreement, requiring …
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… for discrimination on the basis of age. In light of the competent evidence in the record, and the prevailing legal … management plus part of the job, so we felt like we could replace him with existing people." Plaintiff acknowledges the … evidential materials presented, when viewed in the light most favorable to the non-moving party in consideration of …
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… Submitted March 8, 2017 – Decided Before Judges Simonelli and Gooden Brown. On appeal from the … (LAD), N.J.S.A. 10:5-1 to -49, for failure to accommodate, wrongful termination, failure to engage in the … evidential materials presented, when viewed in the light most favorable to the non-moving party, are 3 A-1637-15T4 …
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… THE REAL-TIME CONSEQUENCES OF THIS SENTENCE, WHICH ARE THE MOST SEVERE POSSIBLE UNDER THE LAW: LIFE and Fifteen. The … by the same theory; (2) the underlying facts are very complex; (3) the allegations of one count are either … what defendant has labeled as "negligent homicide" is misplaced. We reject defendant's contention that the judge …
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… ——————————————————————————— Argued May 23, 2017 – Decided Before Judges Yannotti and Gilson. On appeal from the Superior … North America, LLC (BMW) and dismissing with prejudice his complaint. We reverse the dismissal of plaintiff's design … from the summary judgment record, viewing them in the light most favorable to plaintiff, the non-moving party. Globe …
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… Roger Malone appeals from a final order dismissing his complaint alleging violations of the Conscientious Employee … inference of fact' and read[ing] the complaint in the light most favorable to plaintiff," Jenkins v. Region Nine Hous. … and encourage employees to report illegal or unethical workplace activities and to discourage public and private sector …