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… Argued February 6, 2020 – Decided February 21, 2020 Before Judges Alvarez and Nugent. On appeal from the Superior … was in effect on March 17, 2016—the day, according to the complaint later filed against Tolotti, his negligent … clauses, each clear. To interpret two clear clauses in that way, it continued, 5 A-4102-18T4 would violate a fundamental …
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… statute , and second- degree possession of a handgun while committing a drug-related offense. 3 A-1904-18T3 According … planned robbery went awry and another person, not the target of the intended robbery, was shot and killed. Defendant … at the trial of any co[-]defendants who did not resolve by way of a plea. You understand that?" The judge sentenced …
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… Submitted November 18, 2019 - Decided Before Judges Vernoia and Susswein. NOT FOR PUBLICATION … to note that defendant failed to answer plaintiff's complaint filed on March 31, 2015 and served on defendant on … to the entry of final judgment, and the trial court in no way abused its discretion in rejecting the central premise …
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… Submitted March 30, 2020 – Decided April 27, 2020 Before Judges Fasciale and Moynihan. On appeal from the … and Genesis N.J. Holdings, LLC's (Powerback) motion to compel binding arbitration. The judge concluded Frances was … and all claims or controversies arising out of or in any way relating to this Agreement or the Patient's stay at the …
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… Submitted September 11, 2019 - Decided Before Judges Koblitz, Gooden Brown, and Mawla. On appeal from … [fifty-fifty] basis between [plaintiff] and [defendant] by way of QDRO1." Because plaintiff was employed by the federal … his retirement benefits. Defendant filed a motion to compel plaintiff to reimburse the funds distributed to him …
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… November 4, 2019 – Decided November 19, 2019 Before Judges Koblitz, Whipple, and Mawla. On appeal from the … Antonelli.1 We affirm. In 2013, the parties entered into a commercial lease agreement for units in defendant's building … credit check, they didn't look into financials. They had no way of actually knowing that [Epstein and Antonelli] could …
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… Submitted November 14, 2019 – Decided Before Judges Alvarez, Nugent and Suter. On appeal from the … the issue raises a question of law, which we always review de novo. Smith v. Millville Rescue Squad, 225 … Judge Pressler addressed a factually similar scenario in Bascom Corporation v. Chase Manhattan Bank, 363 N.J. Super. 334 …
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… Submitted October 1, 2020 – Decided Before Judges Ostrer and Vernoia. NOT FOR PUBLICATION WITHOUT … to pay a referral fee to Colin Stanton, Ajapcaja's worker's compensation attorney. Stanton filed a motion to intervene … place the responsibility on Stanton to join the actions by way of a motion to amend the complaint. But, the motion to …
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… Argued October 17, 2019 – Decided November 1, 2019 Before Judges Mayer and Enright. On appeal from the Superior … because she was wearing dark clothing. According to the complaint, "decedent . . . attempted to cross … (App. Div. 2017). 3 A-2064-18T3 Justice Samuel A. Alito Jr. Way . . . ." Despite the existence of crosswalks at …
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… Argued October 17, 2019 – Decided Before Judges Haas and Mayer. On appeal from the Superior … from a November 26, 2018 order denying their motion to compel arbitration and a January 25, 2019 order denying … in '13 and '14 in Princeton at Wells Fargo does not in any way give Wells Fargo the ability to claim that he's bound by …
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… Submitted April 20, 2021 – Decided May 7, 2021 Before Judges Fisher and Gummer. On appeal from the Superior … the testimony of the parties as well as the mediator. By way of an order and opinion entered on February 5, 2020, the … Lacking the Essential "Meeting of the Minds" Component. II. THE MEDIATOR'S NOTES ARE NOT ENFORCEABLE AS A …
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… Submitted April 29, 2020 – Decided May 4, 2021 Before Judges Fuentes and Haas. On appeal from the Superior … but it is not limited to, nursing care malpractice, common law professional negligence, violation of the rights … We include the arbitration clause here exactly the way it appears in the Agreement: EXCEPT FOR THE FACILITY'S …
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… RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … IN THE MATTER OF THE EXPUNGEMENT OF THE INVOLUNTARY CIVIL COMMITMENT RECORD OF M.D.V.1 Submitted October 7, 2020 – … A petitioner's current circumstances are the only way he or she can demonstrate "substantial[] improve[ment] …
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… Submitted November 4, 2021 – Decided December 22, 2021 Before Judges Gilson and Gummer. On appeal from the Superior … 2009, R.D. was shot several times in front of an apartment complex in Camden.1 He was treated at a hospital and … alleged deficient performance prejudiced him in any way. On appeal, defendant argues that the PCR judge erred by …
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… Submitted February 1, 2021 – Decided June 15, 2021 Before Judges Suter and Smith. On appeal from the Superior … her motor vehicle, she turned onto Route 15 going the wrong way, driving northbound in the southbound lanes of travel. … of the negotiated plea agreement, the State agreed to recommend defendant be sentenced on the indictable charge to …
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… Submitted October 19, 2021 – Decided October 28, 2021 Before Judges Fisher and Currier. On appeal from the Superior … is now the third time we have taken up this case. In his complaint, plaintiff asserts that, "under false pretenses," … that needlessly compounded the proceedings in numerous ways, and the court instead incorrectly laid all the time …
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… v. RICK CUTTRELL, Custodian of Records for the Township of Neptune, Defendant, and TOWNSHIP OF … Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law. We affirm substantially for the reasons set … objected to disclosure when the request was made by way of the common law right of access. In concluding that …
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… Submitted October 7, 2021 – Decided October 20, 2021 Before Judges Alvarez and Haas. On appeal from the Superior … also did not corroborate Ms. Thompson's account in any way." A third individual, Delilah Bailey, also gave … defendant Thompson was not a viable alibi witness and recommended not calling her at trial. Morasse explained that …
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… APPELLATE DIVISION DOCKET NO. A-0262-24 SENECA INSURANCE COMPANY, INC., a/s/o FASTLINE CARGO, LLC, … is tried with or without a jury, . . . if the evidence, together with the legitimate inferences therefrom, could … a judgment in plaintiff's favor." Ibid. Stated another way, a directed verdict is proper only "if the evidence and …
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… Submitted September 9, 2025 – Decided September 16, 2025 Before Judges Susswein and Chase. On appeal from the Superior … were married in 1995. They were divorced in June 2023 by way of a Final Judgment of Divorce which incorporated a … on the marital coverture from date of marriage to date of complaint. Costs were to be shared equally. The PSA further …