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… effective June 1, 1998. In 1998, Peter sought to be compensated for payment from his own funds for Anna's … to the condition of the home, Peter sold the house for the best offer, $295,000. Peter notified Joshua that he planned … as a matter of law. N.J. Dep't of Envtl. Prot. v. Alloway Twp., 438 N.J. Super. 501, 507 (App. Div. 2015). We …
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… Submitted April 12, 2018 – Decided Before Judges Rothstadt and Gooden Brown. On appeal from … 466 U.S. at 687-88. This standard of "reasonable competence," Fritz, 105 N.J. at 60, "does not require the best of attorneys," State v. Davis, 116 N.J. 341, 351 …
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… FRANK G. RUBURY, Plaintiff-Appellant, v. FORD MOTOR COMPANY, Defendant-Respondent. _____________________________ … dismissing his complaint. The court concluded that "at best" Rubury 6 A-2839-17T2 disagreed with the trial court's … Bergen, 450 N.J. Super. 286, 290 (App. Div. 2017) (quoting Teamsters Local 97 v. State, 434 N.J. Super. 393, 413 (App. …
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… February 12, 2019 – Decided February 28, 2019 Before Judges Suter and Geiger. On appeal from the Board of … Petitioner testified the partner he worked for "would come in intoxicated, be derogatory towards [him], yell and … "as soon as possible and [he] just decided that was the best time." Petitioner denied that he left the office to …
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… application for a pet shop license. Plaintiff filed a complaint in lieu of prerogative writs pursuant to Rule … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … consider the plain language of the statute, which is "the best indicator of that intent." Ibid. (quoting DiProspero v. …
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… the installation of six-inch thick reinforced concrete driveway aprons on each lot. Plaintiff installed asphalt driveway … approvals. Plaintiff responded that the project was already completed, and demanded a release of the performance bond it … v. O'Neill, 217 N.J. 99, 115 (2014) (quoting Kieffer v. Best Buy, 205 N.J. 213, 223 (2011)). Courts should read …
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… of Labor and Workforce Development, Division of Workers' Compensation, Case No. 2005-25400. Marshall Dennehey Warner … cartilage of the joint and then put the two bones together and hold them together with either pins or a screw or … the testimony of the competing experts, and was in the best position to assess their demeanor and credibility. …
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… Submitted June 6, 2016 - Decided Before Judges Lihotz and Nugent. On appeal from Superior Court … test handed down by the United States Supreme Court in the companion cases of Strickland v. Washington, 466 U.S. 668, … omitted). "'Reasonable competence' does not require the best of attorneys, but certainly not one so ineffective 5 …
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… Argued December 12, 2017 – Decided Before Judges Gilson and Mayer. On appeal from Superior Court … unsuccessful. Consequently, on April 20, 2015, the parties commenced arbitration before the same individual. The next … and look at the contract with fresh eyes." Kieffer v. Best Buy, 205 N.J. 213, 223 (2011). However, "[b]ecause of …
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… Submitted November 16, 2017 – Decided Before Judges Simonelli and Haas. On appeal from Superior … the judge concluded that these badges of fraud did not compel a finding of fraudulent transfer. After rendering his … trial judges develop a feel of the case and are in the best position to make credibility assessments. Ibid. As a …
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… of defendant's motion. We derive the following facts and complex procedural history from the record. On April 17, … 218 N.J. 72, 95 n.8 (2014); Dep't of Envtl. Prot. v. Alloway Twp., 438 N.J. Super. 501, 505 n.2 (App. Div. 2015)). 6 … or court rule. Rather, the award of such credits "'is at best discretionary, based upon general equities of the …
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… Kelly and Kelly's Tavern, dismissing with prejudice her complaint seeking damages arising out of injuries she … she had a license. Once on the PWC, Caroselli drove away from the boat at full speed and when she and Dahlman … host. [N.J.S.A. 2A:15-5.6 (emphasis added).] Plaintiff at best offered evidence Caroselli had been drinking, but …
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… Argued May 4, 2017 – Decided Before Judges Lihotz and Whipple. On appeal from Superior … defendant, Augusta Investments, t/a Re/Max Preferred are competing franchisees of Re/Max of New Jersey (Re/Max). … with discerning "the intent of the parties." Kieffer v. Best Buy, 205 N.J. 213, 223 (2011). If the meaning of a …
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… Defendant-Respondent. Argued October 15, 2020 – Decided Before Judges Whipple, Rose, and Firko. On appeal from the … Homel, on the brief). PER CURIAM By order to show cause and complaint in lieu of prerogative writs, plaintiffs Joel … decline to impose one here. Plaintiffs' policy argument is best left to the other two branches of government. See In re …
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… Argued November 18, 2020 – Decided Before Judges Vernoia and Enright. On appeal from the Superior … trial in this matter. We therefore glean the facts, as best we can, from the court's bench opinion following trial … of defendant's reconsideration motion. Plaintiff filed a complaint alleging he gave defendant $9000 in cash in …
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… Submitted September 14, 2021 – Decided October 1, 2021 Before Judges Currier and Smith. On appeal from the Superior … obligations towards their sons' college costs and concomitant award of counsel fees. We affirm. The parties had … children with a view toward providing each child with the best education possible in view of their particular …
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… Submitted March 1, 2021 – Decided September 8, 2021 Before Judges Messano and Suter. On appeal from the Superior … On February 9, 2018, plaintiff filed a legal malpractice complaint against defendants. She alleged she sustained … or life expectancy." The medical records were "scant." At best, plaintiff showed she was diagnosed with shoulder …
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… Zoning Board of Adjustment (Board) and dismissed their complaint with prejudice. We affirm. I. We briefly summarize … detached dwelling occupied by related persons living together as one housekeeping unit with exception made only for … goal is to ascertain the intent of the lawmakers, and the "best indicator of that intent" is the language of the …
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… court to vacate the FRO. I. The parties dated and resided together until August 2017. After their breakup, plaintiff … the parties' break up and this issue had to be "squared away." He denied contacting plaintiff for romantic reasons. … of the plaintiff and defendant; 9 A-0503-18T3 (4) The best interests of the victim and any child; (5) In …
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… v. O'Neill, 217 N.J. 99, 115 (2014) (citing Kieffer v. Best Buy, 205 N.J. 213, 222 (2011)). "If the language of a … . . ." Lahue, 263 N.J. Super. at 599 (citing Deutsch v. Budget Rent-A-Car, 213 N.J. Super. 385, 388 (App. Div. 1986)). … 405 N.J. Super. 547, 563 (App. Div. 2009) (quoting Conway v. 287 Corp. Ctr. Assocs., 187 N.J. 259, 268 (2006) …