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… Argued October 29, 2018 – Decided November 7, 2018 Before Judges Haas and Sumners. On appeal from Superior Court … it collected in violation of a modification of a commercial loan negotiated by the parties. We affirm. The … orally agree to modify contract provisions, even when the original agreement precludes oral modifications. Sodora v. …
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… Submitted November 27, 2018 – Decided Before Judges Hoffman and Geiger. On appeal from Superior … of law, we affirm. On January 5, 2016, defendant was issued complaint summonses for DWI; reckless driving, N.J.S.A. … State v. Jenewicz, 193 N.J. 440, 466 (2008) (alteration in original) (quoting Johnson v. Salem Corp., 97 N.J. 78, 91 …
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… Submitted November 14, 2018 – Decided Before Judges Hoffman and Firko. On appeal from Superior Court … Interest of J.F., 446 N.J. Super. 39 (App. Div. 2016). In a comprehensive written opinion, Judge Moynihan denied the … no 'unfairness [or] inequity.'" Id. at 56-57 (alteration in original) (quoting Oberhand v. Director, Div. of Taxation, …
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… Argued September 18, 2018 – Decided Before Judges Suter and Geiger. On appeal from Superior Court … title of Employee Benefits Specialist, and dismissing NPS's complaint with prejudice. For the reasons that follow, we … Borough of E. Rutherford, 213 N.J. at 203 (alteration in original) (quoting Off. of Emp. Rels. v. Commc'ns Workers of …
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… Submitted September 13, 2018 – Decided Before Judges Vernoia and Moynihan. On appeal from Superior … testified he retired in 2015, and thereafter his income was limited to $1415 per month in social security … order from which defendant appeals is an amended order. The original order, which was entered by the court on September …
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… Submitted September 18, 2018 – Decided Before Judges Yannotti and Gilson. On appeal from Superior … smacked his sister. She wanted 3 A-1863-16T4 defendant to come to the apartment and talk to the man who struck his … 339 (App. Div. 2001) (first 9 A-1863-16T4 alteration in original) (quoting State v. Schamberg, 146 N.J. Super. 559, …
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… Submitted September 12, 2018 – Decided Before Judges Fasciale and Rose. On appeal from Superior Court … attorney was relieved on the day of trial; (3) imputing income to defendant David Colarusso, resulting in an … the veracity of witnesses." Id. at 412 (alteration in original) (citations and internal quotation marks omitted). …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-3792-17T1 STATEWIDE COMMERCIAL CLEANING, LLC, Plaintiff-Appellant, v. FIRST … Argued March 5, 2019 – Decided March 21, 2019 Before Judges Fisher and Geiger. NOT FOR PUBLICATION WITHOUT … report from him." The trial court explained: The report was originally due in early June 2017. Despite several …
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… Submitted April 4, 2017 – Decided Before Judges Messano and Espinosa. On appeal from the … him to delete her daughter as a friend and not to communicate with S.D. again or she would go to the police. … State v. Corsaro, 107 N.J. 339, 345 (1987) (alteration in original)). "In other words, if a party has 'invited' the …
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… Submitted September 14, 2017 – Decided Before Judges Haas and Gooden Brown. On appeal from Superior … charging Sutton and Powell with second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(1) and N.J.S.A. … State v. Baum, 224 N.J. 147, 158-59 (2016) (alteration in original) (quoting State v. Reddish, 181 N.J. 553, 613 …
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… Argued November 13, 2017 – Decided Before Judges Messano and Vernoia. On appeal from Superior … Cadillac SUV, make a turn into the parking lot of a housing complex without signaling. As the car turned, Palach … State v. Walker, 213 N.J. 281, 290 (2013) (alteration in original) ("New Jersey courts have recognized that the smell …
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… Argued November 14, 2017 – Decided Before Judges Fisher, Fasciale and Sumners. On appeal from … by the same theory; (2) the underlying facts are very complex; (3) the allegations of one count are either … supra, 206 N.J. Super. at 343 (second alteration in original).] Felony murder is an absolute liability crime …
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… Argued October 12, 2017 – Decided Before Judges Nugent, Currier, and Geiger. On appeal from … willing to release the deposit at [that] time" — plaintiff commenced this action by filing a complaint against him and … delinquent party fails to timely serve the client with the original order of dismissal or suppression without …
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… Argued September 28, 2017 – Decided Before Judges Simonelli, Haas and Gooden Brown. On appeal from … to make a left-hand turn, directly across the path of the oncoming motorcycle, which struck defendant's car on its right … rely' on that information." Id. at 452 (alteration in original) (quoting Ryan v. KDI Sylvan Pools, Inc., 129 N.J. …
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… Submitted July 25, 2017 – Decided Before Judges Ostrer and Leone. On appeal from Superior Court … Rule 3:22- 12. We agree, and affirm. I. The following facts come from the transcripts of defendant's plea hearing and … State v. Marshall, 148 N.J. 89, 158 (alteration in original), cert. denied, 522 U.S. 850, 118 S. Ct. 140, 139 …
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… NO. A-0523-15T2 WILLIAM S. BARNETT, Plaintiff-Appellant, v. COMMISSIONERS OF FIRE DISTRICT NO. 1 IN HARRISON TOWNSHIP, … Argued March 21, 2017 – Decided Before Judges Messano and Guadagno. On appeal from the … N.J. Super. 346, 366 (App. Div. 2015) (first alteration in original). Summary judgment is appropriate "if the …
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… Submitted March 8, 2017 – Decided Before Judges Fuentes, Simonelli and Gooden Brown. On appeal … a shareholder and owned at least twelve shares of DPI's common stock, and pay him an annual salary of $100,000, … responsible to allow DPI to continue to pay plaintiff's original salary. In addition to his $1000 bi-weekly salary, …
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… Submitted March 15, 2017 – Decided Before Judges Carroll and Gooden Brown. On appeal from the … Martha Harris testified for the Division. Salima Gordon, a Community Engagement Specialist at the children's school, … very well have been manipulative. Or, alternatively, she originally said she didn't see anything to the caseworker. I …
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… v. CANVAS HOUSE ANTIQUES AND DESIGN CENTER, INC., and PERRY FORD, Defendants-Respondents, and CHERYL FORD, … to file an answer or otherwise respond to plaintiff's complaint. I. Defendant and her husband, Perry Ford,1 owned … relation to Canvas House Antiques), including the lawsuit originated by Christina Kempa, filed by Jay C. Sendzik, Esq. …
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… OAKS DEVELOPMENT CORP., JOHN J. BRUNETTI, and MIDTOWN WATER COMPANY, Plaintiffs-Appellants, v. THE PLANNING BOARD OF THE … Argued March 6, 2018 – Decided Before Judges Yannotti, Mawla and DeAlmeida. On appeal from … In re Stallworth, 208 N.J. 182, 194 (2011) (alteration in original) (quoting Henry v. Rahway State Prison, 81 N.J. …