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njcourts.gov
… Argued October 15, 2018 – Decided NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … ascertain its condition. In response, AC again refused to complete the sale. Although recognizing it could seek … decision and gave the attorneys an opportunity to object by way of oral argument. AC's argument focused solely on …
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njcourts.gov
… 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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njcourts.gov
… Argued September 17, 2018 – Decided Before Judges Haas and Sumners. On appeal from Superior Court … violation of law punishable by a period of incarceration, commits an offense if, without lawful excuse, he fails to … Legislature intended something other than that expressed by way of the plain language.'" Ibid. (quoting Marino v. …
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njcourts.gov
… 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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njcourts.gov
… Argued June 1, 2017 - Decided June 23, 2017 Before Judges Lihotz, Whipple and Mawla. On appeal from … a Law Division order affirming an arbitration award that compelled CURE to arbitrate a Personal Injury Protection NOT … Procedure for Dispute Resolution Act: Vanguard of a "Better Way"?, 136 U. Pa. L. Rev. 1723, 1751 (1988). To that end, …
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njcourts.gov
… Submitted December 3, 2019 – Decided Before Judges Hoffman and Firko. On appeal from the New Jersey … until December 13, 2017, after she contacted the Office of Community Choice Options. The DAR contended that the appeal … agency). "On the other hand, an appellate court is 'in no way bound by the agency's interpretation of a statute or its …
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njcourts.gov
… Argued November 7, 2019 – Decided Before Judges Koblitz, Whipple and Gooden Brown. On appeal … delay, the fire escape was removed and construction was completed. In the interim, the property sustained … architectural plans showed the new building several inches away from the property line, which required plaintiff to …
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njcourts.gov
… Argued October 30, 2018 – Decided November 28, 2018 Before Judges Hoffman and Geiger. On appeal from New Jersey … (EARC-PAS) to the Division of Aging Services, Office of Community Choice Options (OCCO) authorizing petitioner's … (App. Div. 2006). However, "an appellate court is 'in no way bound by an agency's interpretation of a statute or its …
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njcourts.gov
… Argued October 29, 2018 – Decided Before Judges Messano, Gooden Brown, and Rose. On appeal from … terminate the obligation upon proof that the person has not committed an offense within [fifteen] years following … to pose a threat to the safety of others. We affirm. By way of background, on January 25, 1999, R.H. pled guilty to …
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njcourts.gov
… Submitted October 4, 2018 – Decided Before Judges O'Connor and Whipple. On appeal from Superior … if he’s going to take the witness stand. But either way, for him to—for him to have that defense, which is … and one year suspended driver's license, in addition to accompanying fees. This appeal followed. Defendant raises the …
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njcourts.gov
… F. MIZE, Petitioner-Appellant, v. NEW JERSEY MOTOR VEHICLE COMMISSION, Respondent-Respondent. … Submitted November 5, 2018 – Decided Before Judges Sabatino and Mitterhoff. On appeal from the New … of a statute is a judicial function and we are 'in no way bound by the agency's interpretation of a statute or its …
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njcourts.gov
… 2 A-2346-17T1 justifiable need requirement or the general comportment with the Second Amendment1 or Supreme Court … (deeming the holding in Heller applicable to the states by way of the due process clause of the Fourteenth Amendment). … need" component of the carry permit law does not target protected conduct. It is an effort to protect the public …
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njcourts.gov
… appeals from a March 27, 2017 order dismissing her complaint against defendants Peterson & Staeger, Inc. (P&S)1 … same work, 4 A-5138-16T3 "to put [her] house back to the way it was before the storm." Later in the deposition, … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …
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njcourts.gov
… Submitted October 4, 2018 – Decided Before Judges O'Connor and Whipple. On appeal from Superior … not apply to some of the convictions, we vacated the NERA component of the sentence and remanded the matter for … who decided the suppression motion was in A-3594-16T4 9 any way influenced by her decision in the adoption matter. …
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njcourts.gov
… APPELLATE DIVISION DOCKET NO. A-3606-16T3 1st COLONIAL COMMUNITY BANK, Plaintiff-Respondent, v. TRACEY FARKAS, … Submitted February 7, 2018 – Decided Before Judges Nugent and Geiger. On appeal from Superior Court … Our opinion should not be construed as suggesting in any way the outcome of the motion. We do not retain …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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 …