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… Submitted September 6, 2017 – Decided Before Judges Rothstadt and Vernoia. On appeal from the … turn to extrinsic evidence, 'including legislative history, committee reports, and contemporaneous construction.'" … Legislature intended something other than that expressed by way of the plain language.'" DiProspero, supra, 183 N.J. at …
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… Argued May 2, 2017 – Decided September 20, 2017 Before Judges Rothstadt and Sumners. On appeal from the New … Robert Higginson purchased the property. When he passed away sixteen years later, he bequeathed the property to his … to William, which he simultaneously transferred to the company. Thus, Cedar Knolls became the sole owner of the …
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… 5, 2016 – Remanded Resubmitted August 21, 2017 – Decided Before Judges Nugent and Haas. On appeal from Superior Court … was present during the robbery. And I don't have any real way of telling who it was. But, I know that one of the … factors found by the sentencing court [must be] based upon competent and credible evidence in the record[.]" State v. …
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… Division, Mercer County, Docket No. L-0807-12. George T. Daggett, attorney for appellant. Christopher S. Porrino, … reconsideration of the dismissal, with prejudice, of his complaint filed under the Conscientious Employee Protection … as perceived by the plaintiff." The court found no way to amend the complaint, holding there was no "construct …
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… Submitted November 2, 2017 – Decided Before Judges Simonelli and Haas. On appeal from Superior … petition should be accepted as timely because he did not become aware that he was subject to deportation until June 13, … consequences of his November 10, 2008 guilty plea. By way of background, "a defendant can show ineffective …
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… Submitted May 2, 2017 – Decided Before Judges Yannotti and Sapp-Peterson. On appeal from … (1) denied defendant's motion to dismiss the foreclosure complaint (December 19, 2014); (2) denied defendant's motion … We otherwise affirm all of the orders under review. By way of background, plaintiff executed a note in favor of …
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… Argued September 12, 2017 — Decided Before Judges Hoffman and Mayer. On appeal from Superior Court … Tenaglia). Demetro contends dismissal of her third-party complaint against Slater Tenaglia was erroneous for the … of Slater Tenaglia's collection file, Demetro had no way to refute the mailing date. If she had discovery …
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… Submitted February 14, 2018 – Decided Before Judges Koblitz and Suter. On appeal from Superior Court … was suspended, and stopped him. Defendant was on his way home from his part time job. He was not under the … defendant were not prosecuted. Defendant filed a motion to compel admission to PTI. The prosecutor's brief in …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-2171-17T2 BOB MEYER COMMUNITIES, INC., a New Jersey corporation, … Submitted April 16, 2018 – Decided Before Judges Messano and O'Connor. On appeal from Superior … wall system. A-2171-17T2 9 That opinion was not in any way eroded during his deposition and there is no basis to …
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… Submitted February 26, 2018 – Decided Before Judges Messano and Vernoia. On appeal from Superior … Plaintiff Farah Lubin was stopped on the Pulaski Skyway in Jersey City when her car was struck in the rear by … that Dr. Robbins' testimony was properly limited to comparing MRIs of plaintiff's two shoulders in support of …
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… Argued December 11, 2018 – Decided February 7, 2019 Before Judges Hoffman, Suter and Geiger. On appeal from … Bernadette Harper, a New Jersey Manufacturers Insurance Company (NJM) insured, sustained injury to her lower back in … Procedural Terminology" Code. 5 A-1934-17T3 Stated another way, the only facility fees that are reimbursable for …
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… R. Taylor Ruilova argued the cause for respondents (Comegno Law Group, P.C., attorneys; Mr. Ruilova and Brandon … bullet points under that heading, which extend a quarter way down the second page of the document, are also entirely … taking the page and a half as a whole, and reading it together, it does appear clear that there was input by the …
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… Respondent-Respondent. Argued November 30, 2016 – Decided Before Judges Alvarez and Accurso. On appeal from the Board of … and right thumb in 2005 and 2006. Barlett received workers' compensation benefits for the 2006 3 A-3129-14T2 incident, … a disabling injury because of the biomechanics of the way in which Barlett was pinned by the door. He attributed …
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… Argued March 23, 2017 – Decided May 15, 2017 Before Judges O'Connor and Whipple. On appeal from Superior … to vacate the court's previous order that dismissed the complaint with prejudice. We affirm. We discern the … states the opinion of a lawyer and 5 A-2836-15T4 is, in no way, indisputable evidence of legislative intent. The Court, …
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… Family Part on September 15, 2014, denying her motion to compel her ex-husband, defendant Christopher Monek, to … We vacate the order and remand for a plenary hearing. By way of background, the parties were married in 1991 and divorced in 1994. Their only child together, a daughter, was two years old at the time their …
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… ROMAN, Defendant/Third-Party Plaintiff-Appellant, v. BUDGET RENT-A-CAR SYSTEM, INC. (improperly plead as Budget … final judgment dismissing with prejudice her third-party complaint against BRAC. Judge Philip C. Carchman 1 Plaintiff … consistent with the fact that "a witness's credibility is always at issue and may be tested in a variety of ways," …
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… to the FEDERAL DEPOSIT INSURANCE CORPORATION as receiver for DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A., … Agreement wherein the FDIC agreed to convey all loans and commitments of Downey to plaintiff. In April 2009, the FDIC … could show it owned or controlled the note in one of three ways set forth in N.J.S.A. 12A:3-301. That statute provides: …
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… Argued November 29, 2016 – Decided Before Judges Messano and Guadagno. On appeal from the … appeal from the January 19, 2016 order dismissing their complaint with prejudice after trial. Plaintiffs own a … agreed to execute an easement which provided a shared driveway and parking lot. Thereafter, Primax began construction …
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… Submitted February 2, 2017 – Decided Before Judges Hoffman and O'Connor. On appeal from Superior … of a June 6, 2014 order dismissing his fifth amended complaint with prejudice, and other orders. After reviewing … Thus, it might be considered that the only appropriate way to proceed is pursuant to R. 4:49-2 and R. 4:50-1, 2, to …
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… October 6, 2016 order dismissing with prejudice plaintiff's complaint against defendants Latife A. Nasser and Louay … Assocs., 423 N.J. Super. at 114. Viewing the complaint, together with the motion papers, in light of the applicable … these legal and equitable theories, we are in no way opining that plaintiff has a meritorious claim against …