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… to walk over the hose, raised jury questions concerning her comparative negligence and assumption of the risk. I. … would lead the court to 6 A-1987-16T3 conclude that its original order was palpably incorrect, unreasonable, or … conduct a walk-through of 11 A-1987-16T3 the house and warn visitors of discoverable conditions on the property that …
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… Argued January 8, 2019 – Decided January 28, 2019 Before Judges Yannotti and Natali. On appeal from Superior … plaintiff's motion to extend discovery and to amend his complaint to substitute 80 Mallory Corp., for a fictitiously … to identify the responsible defendants before filing the original complaint naming [fictitious] parties. Second, a …
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… NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1904-14T2 ALISA FORMAN, Plaintiff-Respondent, v. MARK FORMAN, … date of plaintiff's remarriage and other relief, including compelling plaintiff to produce a copy of her marriage … [365 N.J. Super. 241, 248 (App. Div. 2003) (alterations in original) (citations omitted).] "The obligations of a …
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… v. SOUTH JERSEY INDUSTRIES, INC. d/b/a SOUTH JERSEY GAS COMPANY, Defendant-Respondent. Submitted May 10, 2017 – Decided Before Judges Alvarez and Manahan. On appeal from the Superior … No. A-3175-09 (App. Div. Aug. 30, 2011), we vacated the original jury's verdict and remanded for a new trial. 3 …
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… Argued May 24, 2017 – Decided Before Judges Simonelli, Gooden Brown and Farrington. On … to dismiss for failure to serve an affidavit of merit in compliance with the Affidavit of Merit (AOM) statute, … is found. This may necessitate searching back to the original proprietors. The same practice is followed when at …
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… Submitted March 28, 2017 – Decided Before Judges Gilson and Sapp-Peterson. On appeal from the … had placed the children's safety seats in the trunk to accommodate another passenger and she admitted to falling … 413 N.J. Super. 405, 413 (App. Div. 2010) (alteration in original) (quoting Meshinsky v. Nichols Yacht Sales, Inc., …
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… Argued March 2, 2017 – Decided Before Judges Hoffman and Whipple. On appeal from Superior … is the mother of Caleb, Maddie, and Jack.2 This case commenced on October 26, 2012, when defendant, pregnant with … he needed additional evidence. Rather than dismiss the original guardianship proceeding the judge could have …
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… Submitted May 9, 2017 – Decided Before Judges Ostrer and Leone. On appeal from Superior Court … broken arm which required permanent plates and screws. Her companion received injuries on both of his hands, his left … State v. Marshall, 148 N.J. 89, 158 (alteration in original) (citation omitted), cert. denied, 522 U.S. 850, …
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… Submitted May 10, 2017 – Decided Before Judges Alvarez and Manahan. On appeal from Superior … observing "someone [] slumped over into the passenger compartment" of a gray sedan in the parking lot. Based upon … v. Coles, 218 N.J. 322, 343 (2014) (second alteration in original).] While the warrantless seizure of a person is …
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… Argued January 24, 2017 – Decided Before Judges Messano and Guadagno. On appeal from the … adjudicating him delinquent for conduct that, if committed by an adult, would constitute first-degree … bed behind Jimmy, and his pants were "loose." Although he originally testified Jimmy's pants were off, Sam admitted, …
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… Submitted April 25, 2017 – Decided Before Judges Leone and Moynihan. On appeal from Superior … his home in Jersey City. The arrest warrant stemmed from a complaint alleging defendant laid a small handgun in front … inside the apartment.'" Id. at 548 (second alteration in original).4 "No one in the apartment responded immediately …
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… Submitted January 10, 2018 – Decided Before Judges Koblitz and Manahan. On appeal from Superior … of shoplifting. One of the associates requested that she "come into their office," but Monzo did not comply. One … and two, respectfully.1 1 We refer to the counts in their original form as designated on the judgment of conviction. 4 …
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… Argued January 24, 2018 – Decided Before Judges Currier and Geiger. On appeal from Superior … Alexis; and (4) award him counsel fees and costs. In his accompanying certification, defendant outlined Jacoby expenses … justice.'" Catabran, 445 N.J. Super. at 587 (alteration in original) (quoting Rova Farms Resort, Inc. v. Inv'rs Ins. …
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… APPELLATE DIVISION DOCKET NO. A-5266-15T2 ANIM INVESTMENT COMPANY, Plaintiff-Appellant, v. GEORGE SHALHOUB and … Argued September 28, 2017 – Decided Before Judges Simonelli and Gooden Brown. On appeal from … indicator of [the Legislature's] intent.'" (alteration in original) (quoting DiProspero v. Penn, 183 N.J. 477, 492 …
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… Submitted December 19, 2017 – Decided Before Judges Hoffman and Mayer. On appeal from Superior Court … subsequent petitions for post-conviction relief. The Rule compels dismissal of a subsequent petition for PCR unless a … Armour, 446 N.J. Super. 295, 306 (App. Div.) (alteration in original) (quoting State v. Russo, 333 N.J. Super. 119, 137 …
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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. DAVID COMPANIONI, Defendant-Appellant. … Submitted December 20, 2017 – Decided Before Judges Fuentes and Manahan. On appeal from Superior … State v. Keyes, 184 N.J. 541, 554 (2005) (alteration in original) (quoting Jones, 179 N.J. at 388). When "reviewing …
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… DIVISION DOCKET NO. A-2148-15T3 ADRIAN TOOLEY-LESTER, Complainant-Appellant, v. JOSEPH TAYLOR & SONS, INC., … Submitted September 14, 2017 – Decided Before Judges Rothstadt and Gooden Brown. On appeal from the … as a whole.'" Stallworth, 208 N.J. at 194 (alteration in original) (quoting Henry, 81 N.J. at 579-80). Thus, in …
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… NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2055-16T1 RUTHERFORD PBA LOCAL 300, Plaintiff-Appellant, v. BOROUGH OF … In the event that the retiree and the retiree's spouse become eligible for [M]edicare then the Borough shall be … such a claim should have been asserted at the outset of the original complaint, as the court finds that the cause of …
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… Argued May 2, 2019 – Decided May 28, 2019 Before Judges Simonelli, Whipple and Firko. On appeal from … identification, K.B. was charged in a juvenile delinquency complaint alleging conduct, which if committed by an adult … as he to form a conclusion[.]'" Id. at 459 (alterations in original) (quoting Brindley v. Firemen's Ins. Co., 35 N.J. …
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… Submitted May 6, 2019 – Decided May 28, 2019 Before Judges Messano and Gooden Brown. On appeal from … part or all of the principal and accrued or undistributed income of the Trust to any one or more persons and entities, … a certification that included discovery responses in the original litigation, and voluminous materials detailing …