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… Submitted February 13, 2019 – Decided Before Judges Fuentes and Vernoia. On appeal from the Board of … who conducted the first day of the hearing, a second judge completed the hearing and rendered a decision. 4 A-2854-17T1 … N.J. 575, 587 (1988) (fourth through sixth alterations in original) (quoting Close v. Kordulak Bros., 44 N.J. 589, 599 …
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… Submitted September 11, 2017 – Decided Before Judges Messano and O'Connor. On appeal from Superior … disputed that contention and, after the parties filed competing motions for summary judgment on this question, the … discuss year-end bonuses and compensation. Because he had originated one-third of the firm's net profits that year, …
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… Third-Party Defendant. _______________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … conforms to her rulings reflecting plaintiff is a tenant in common with defendants and that defendants are solely … the defense of laches. Plaintiff contends that as an original tenant in common with Martin, she was entitled to …
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… Argued September 26, 2017 - Decided Before Judges Hoffman and Mayer. On appeal from Superior Court … of Leckie's expert report, the municipal court's staff communicated with Gonzalez's secretary to set a trial date. … United States, 432 F.2d 730 (3d Cir. 1970)) (alteration in original). For these reasons, we find that the Law Division …
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… Argued October 5, 2017 – Decided Before Judges Simonelli, Rothstadt and Gooden Brown. On appeal from Government Records Council, Compaint No. 2011-76. Jeff Carter, appellant, argued the … v. Bloomfield, 227 N.J. 159, 170 (2016) (alteration in original) (quoting N.J.S.A. 47:1A-1). OPRA expresses New …
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… Submitted September 27, 2017 – Decided Before Judges Alvarez and Currier. On appeal from Superior … of his decision, including the possibility of civil commitment under the Sexually Violent Predator Act (SVPA), … the agreement.2 The term of imprisonment was subject 1 The original sentencing judge did not make a finding regarding …
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… Submitted May 15, 2018 – Decided June 20, 2018 Before Judges Yannotti and DeAlmeida. On appeal from Superior … We affirm. I. On November 5, 2014, plaintiff filed a complaint in the trial court alleging that on November 25, … Life Ins. Co. of Am., 142 N.J. 520, 529 (1995) (emphasis in original). "If there exists a single, unavoidable resolution …
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… Submitted May 3, 2018 – Decided June 20, 2018 Before Judges Rothstadt and Gooden Brown. On appeal from … On January 20, 2016, plaintiff filed a two-count complaint against defendant for breach of contract and … [and] still be allowed to pursue [her] in court for the original balance." Defendant asserts that because she …
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… Submitted May 1, 2018 - Decided Before Judges Gilson and Mayer. On appeal from Superior Court … also appeals from his conviction, arguing the prosecutor's comments during closing argument deprived him of a fair … State v. Walker, 213 N.J. 281, 290 (2013) (alteration in original) (quoting State v. Nishina, 175 N.J. 502, 515-16 …
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… Argued May 1, 2018 – Decided Before Judges Carroll and Mawla. On appeal from the Board of … OAL for consideration. The ALJ issued an initial decision recommending an award of accidental disability retirement … retirement must be filed within five years of the original traumatic event, but the board of trustees may …
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… C. WILLIAMS, JR. Submitted April 23, 2018 – Decided Before Judges Ostrer and Rose. On appeal from the New Jersey Civil Service Commission, CSC Docket No. 2011-1335. Blaney & Karavan, PC, … Maldonado, 216 N.J. 168, 182 (2013) (fourth alteration in original) (quoting Seidman v. Clifton Sav. Bank, 8 …
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… v. MIDDLESEX REGIONAL EDUCATIONAL SERVICES COMMISSION, Defendant-Respondent. … Argued June 7, 2018 – Decided June 25, 2018 Before Judges Haas, Rothstadt and Gooden Brown. On appeal from … City of E. Orange, 225 N.J. 400, 413 (2016) (alteration in original) (quoting State v. Brown, 170 N.J. 138, 147 …
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… Submitted July 13, 2017 – Decided Before Judges Yannotti and Haas. On appeal from Superior Court … 2017 2 A-3358-15T2 against defendant Progressive Insurance Company (Progressive) with prejudice. We affirm. We briefly … as a true copy "contemporaneously" with the mailing of the original). Even so, the trial judge properly found that Ms. …
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… (1) an October 24, 2014 order denying his application to compel his entry into the pre-trial intervention program … v. Carlucci, 217 N.J. 129, 144 (2014) (first alteration in original) (quoting Berkemer v. McCarty, 468 U.S. 420, 442, … It is not the prior DUI convictions that are being revisited or enhanced with an additional penalty. Instead, the …
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… Submitted January 19, 2017 – Decided Before Judges Alvarez and Accurso. On appeal from Superior … County, because nothing was available in Bergen, she had become irate, storming out and choosing instead to expose her … of the amended complaint as she had of the Division's original filing. She was entitled to nothing more. 13 …
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… OF CLARA PINKMAN, Plaintiff-Appellant, v. SPARTAN OIL COMPANY, Defendant-Respondent, and P&S FUEL, LLC, … Argued April 6, 2017 – Decided Before Judges Hoffman and O'Connor. On appeal from Superior … required payments in effect during the last month of the original Lease term, or any extension thereof, as the case …
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… Submitted April 3, 2017 – Decided Before Judges Haas and Currier. On appeal from Superior Court … Ibid. The Court "refer[red] to the Criminal Practice Committee the preparation of a rule for [its] consideration … which a reviewing court cannot enjoy." Ibid. (alteration in original) (quoting Robinson, supra, 200 N.J. at 15). We do …
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… Submitted March 28, 2017 – Decided Before Judges Fasciale and Sapp-Peterson. On appeal from … An individual (the 9-1-1 caller) and four people (her company) were sitting on her porch. The 9-1-1 caller … State v. Wakefield, 190 N.J. 397, 438 (2007) (alteration in original) (quoting State v. Papasavvas (I), 163 N.J. 565, …
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… Argued May 8, 2017 – Decided May 25, 2017 Before Judges Sabatino and Geiger. NOT FOR PUBLICATION WITHOUT … trial court's denial of his motion for leave to amend the complaint at the end of the discovery period to include an … chain was an "aftermarket" item that was not part of the original trailer they had manufactured. Plaintiff filed suit …
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… Argued March 21, 2017 – Decided Before Judges Ostrer and Vernoia. On appeal from the Superior … of the spinal surgery. On June 17, 2009, plaintiff filed a complaint alleging medical malpractice against Zerbo, Lowe, … that her claim was timely because it was asserted in the original complaint against a fictitious defendant in …