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… Argued October 21, 2019 – Decided Before Judges Fasciale and Mitterhoff. On appeal from the … the obscured intersection with reasonable care and caution, commensurate with the risk involved. This duty requires the … observations as a reasonably prudent person would make, commensurate with the risk of danger involved. The judge …
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… Submitted February 3, 2020 – Decided March 3, 2020 Before Judges Messano, Ostrer and Vernoia. NOT FOR PUBLICATION … schizoaffective disorder, bipolar type, and her refusal to comply with recommendations for treatment and prescriptions for medication …
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… Argued March 10, 2020 – Decided April 28, 2020 Before Judges Messano and Ostrer. On appeal from the Superior … 2C:25-17 to -35 (the PDVA). The judge concluded defendant committed harassment, N.J.S.A. 2C:33-4, a predicate act of … Div. 2006) ("The second inquiry, upon a finding of the commission of a predicate act of domestic violence, is …
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… and ALLSTATE NEW JERSEY PROPERTY & CASUALTY INSURANCE COMPANY, Defendants, and UNITED SERVICES AUTOMOBILE … telephonically April 28, 2020 – Decided May 22, 2020 Before Judges Yannotti, Hoffman and Currier. On appeal from … an automobile insurance policy issued by Allstate Insurance Company (Allstate), which provided uninsured motorists (UM) …
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… Submitted April 27, 2020 – Decided June 29, 2020 Before Judges Messano and Vernoia. On appeal from the Superior … (John E. Molinari, on the briefs). Law Offices of Viscomi & Lyons, attorneys for respondents (Patricia R. Lyons, … Frank Bastry summary judgment and dismissing plaintiff's complaint alleging negligence. We review the grant of …
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… and U-HAUL, LLC1, Defendants, and FARMERS INSURANCE COMPANY2, Defendant-Respondent. _________________________ … was improperly pled as U-Haul, LLC. 2 Mid Century Insurance Company was improperly pled as Farmers Insurance Company. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE …
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… argued June 17, 2020 – Decided July 28, 2020 Before Judges Koblitz and Gilson. On appeal from the Superior … from an October 30, 2019 order denying their motion to compel arbitration and stay plaintiff's individual claims. … not remove the charge. In January 2019, plaintiff filed a complaint in New Jersey against defendants. Thereafter, …
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… Argued2 October 2, 2020 – Decided Before Judges Sabatino and Gooden Brown. On appeal from the … domestic violence shelter, filed a domestic violence complaint against plaintiff, and obtained a temporary … school." This appeal followed. On appeal, plaintiff renews the same arguments rejected by both Judge Rahill and …
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… Submitted November 18, 2020 – Decided Before Judges Whipple, Rose, and Firko. On appeal from the … N.J.S.A. 2C:44- 1(a)(3) (the risk that defendant will commit another crime); six, N.J.S.A. 2C:44- 1(a)(6) (the … term was set because of his repetitive offense record, commission of an offense while on probation, serious …
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… and DP LLC, Defendants. ______________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … LLC (DP), and MW Properties, LLC 1 Plaintiffs amended the complaint to add McDavit, the daughter of the late Edward J. … estate. December 16, 2020 3 A-4198-18T4 (MW) to dismiss the complaint as barred by the statute of limitations; and 3) a …
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… Argued November 10, 2020 – Decided Before Judges Fisher, Gilson, and Moynihan. On appeal from the … Property Management (the Division), dismissing Harrison's complaint with prejudice. We review the motion judge's … of fact," "more fully set[ting] forth" those arguments in Points II and III of his merits brief: 1) The trier of fact …
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… Submitted January 12, 2021 – Decided Before Judges Haas and Natali. On appeal from the Superior … Vasquez, but then "spun right in front of [him, and began] coming straight in [his] direction, coming quick." Because … bodily injury." Before us, defendant raises the following points for our consideration: THE TRIAL COURT ERRED IN …
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… Submitted January 5, 2021 – Decided Before Judges Mawla and Natali. On appeal from the Superior … On the night of September 4, 2010, defendant and an accomplice, Larry Austin, approached a group of five people … contended that "[d]efendant's single act was that of accomplice" and that his "crime and objective were one in the …
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… Submitted December 16, 2020 – Decided Before Judges Rose and Firko. On appeal from the Superior … from a September 27, 2019 Law Division order dismissing her complaint and entering judgment in favor of defendant Auto … as true the facts set forth in plaintiff's five-count complaint and derive the following facts adduced at trial. …
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… Submitted January 4, 2021 – Decided Before Judges Gooden Brown and DeAlmeida. On appeal from the … 1, 2019 Family Part order entered following an ability to comply hearing, compelling his incarceration NOT FOR … appeal followed. On appeal, defendant raises the following points for our consideration: ARGUMENT 1 THE TRIAL COURT …
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… Submitted February 2, 2021 — Decided Before Judges Yannotti and Mawla. On appeal from the Superior … a teenage son who lives with plaintiff. Plaintiff filed a complaint for divorce in 2014. On August 21, 2017, one month … by at least five . . . different attorneys at various points throughout this matrimonial matter[.] 8 A-0293-19 The …
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… Submitted January 11, 2021 – Decided April 21, 2021 Before Judges Mayer and Susswein. On appeal from the Superior … motion for leave to file a late notice of claim fatally noncompliant with the one- year deadline imposed under N.J.S.A. 59:8-9. The Township renews this contention on appeal. Because we affirm Judge …
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… Submitted March 24, 2021 – Decided April 19, 2021 Before Judges Vernoia and Enright. On appeal from the Superior … is insufficient evidence supporting the court's findings he committed the predicate act of harassment and an FRO is … share two children, ages eleven and nine. Plaintiff filed a complaint seeking a domestic violence restraining order …
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… Argued May 26, 2021 – Decided June 17, 2021 Before Judges Alvarez and Mitterhoff. On appeal from the … At the time, defendant was not speeding, nor did he commit any other traffic violations. 3 A-2271-18 … the vehicle, he smelled "a strong odor of marijuana coming from inside the vehicle." Principato made contact …
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… Argued October 19, 2020 – Decided August 2, 2021 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … ($290,000) and the sheriff's 1 It claimed these costs were comprised of $38,528.20 in out-of-pocket expenses and … Here, the sheriff required that, if the purchaser fails to comply with any of the conditions of the sale the property …