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… on the brief). PER CURIAM Plaintiff Ada Caballero filed a complaint against her former employer, defendant Cablevision … the record to determine whether "when viewed in the light most favorable to the non-moving party" it is enough "to … of the position held; an adverse employment decision; and replacement by a person not in the protected class. Zive v. …
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… NO. A-1724-17T2 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., … Series 2006-1. Wells Fargo filed a foreclosure complaint against defendant in 2006, but it was dismissed in … any materially new information about the late fees. At most, the numbers vary by a few dollars. Defendant does not …
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… Submitted April 2, 2019 – Decided June 10, 2019 Before Judges Yannotti and Natali. On appeal from Superior … his supplemental certification, and further argued that a "combination of errors and ineffective assistance of … counsel "urged by" defendant. See Webster, 187 N.J. at 257. Most importantly, defendant has failed to even allege, must …
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… Argued December 5, 2018 – Decided January 15, 2019 Before Judges Koblitz, Ostrer, and Mayer. On appeal from … her exterior door unlocked so her two older children could come and go from the house. On the afternoon of April 18, … owed to plaintiff after considering the facts in the light most favorable to him. On appeal, plaintiff contends the …
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… assault, N.J.S.A. 2C:12-1(b)(2), in exchange for a recommendation of non-custodial probation and dismissal of the … Effective July 1, 2018, the Guidelines and Rule 3:28 were replaced with Rules 3:28-1 to -10. However, defendant's … We will interfere with a prosecutor's decision only in "the most egregious examples of injustice and unfairness." …
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… Argued January 30, 2019 – Decided April 17, 2019 Before Judges Koblitz, Ostrer, and Currier. On appeal from … the Supreme Court issued its decision in Spade v. Select Comfort Corp., 232 N.J. 504 (2018). In applying the Spade … legal principles, and considering the facts in the light most favorable to plaintiffs, we review the summary judgment …
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… January 8, 2019 – Decided February 25, 2019 Before Judges Yannotti, Gilson, and Natali. On appeal from … from the summary judgment record, viewing them in the light most favorable to plaintiff. Plaintiff fell on February 3, … summary judgment to defendants and dismissing plaintiff's complaint. Thereafter, plaintiff moved for reconsideration. …
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… Submitted October 15, 2018 – Decided Before Judges Haas and Sumners. On appeal from the Board of … Dictionary, https://medical-dictionary.thefreedictionary.com/synucleinopathy. 5 Proteinopathy is "[a]ny disease or … trauma of the incidences altering intracellular function, most particularly in areas brain [sic] inclined to the …
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… Argued September 26, 2018 – Decided Before Judges Koblitz and Ostrer. On appeal from an … substantially for the reasons set forth in a cogent and comprehensive written opinion by Judge Angela F. Borkowski. … with them, Larsen asked, through Jimenez, what he was "most afraid of." Defendant, a non-U.S. citizen from …
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… Submitted September 24, 2018 – Decided Before Judges Fasciale and Rose. On appeal from Superior Court … (PTI) program for one year, which he successfully completed. At the time of his arrest, the police seized his … to J.W.D., 149 N.J. 108, 116 (1997). Where the evidence is mostly testimonial and involves questions of 6 A-5508-15T4 …
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… Argued September 13, 2018 - Decided Before Judges Fuentes, Accurso and Moynihan. On appeal from … from a summary judgment dismissing her premises liability complaint against defendants Society Hill at Droyers Point … Maintenance Services. We affirm. Viewed in the light most favorable to plaintiff, the essential facts are as …
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… Submitted September 18, 2018 – Decided Before Judges Geiger and Firko. On appeal from Superior Court … into Pretrial Intervention (PTI). The PTI director recommended defendant's acceptance into the program but was … severely limited. Judicial review serves to check only the most egregious examples of injustice and unfairness. A …
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… tattoos, and no plain error in the prosecutor's summation comment about defendant's tattoos. Melendez, supra, (slip … TRIAL AND RENDERED THE JURY'S VERDICT AS FUNDAMENTALLY UNRELIABLE. A. Trial Counsel Failed to Represent [Defendant] … which witnesses to call to the stand is one of the most difficult strategic decisions that any trial attorney …
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… A-5346-15T4 HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION MORTGAGE PASS … mortgage to plaintiff. In September 2012, plaintiff filed a complaint for foreclosure. On March 14, 2013, the court … Iliadis v. Wal-Mart Stores, Inc., 191 N.J. 88, 123 (2007)). Most relevant to defendant's contentions is either Rule …
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… IN THE MATTER OF STATE AND SCHOOL EMPLOYEES HEALTH BENEFITS COMMISSIONS' IMPLEMENTATION OF I/M/O PHILIP YUCHT. Argued telephonically July 13, 2017 – Decided Before Judges Simonelli and Carroll. On appeal from New Jersey … after these notices were provided. While perhaps not the most effective form of notice, we cannot conclude that the …
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… Argued April 10, 2018 - Decided Before Judges Gilson and Mayer. On appeal from Superior Court … motion judge granted defendants' motion and dismissed the complaint without analyzing whether defendants' conduct met … 4:46-2(c)). The court considers the evidence "in the light most favorable to the non-moving party" and determines …
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… Submitted March 14, 2018 – Decided Before Judges Fuentes and Manahan. On appeal from Superior … the men, Ryan asked them, "What's the story fellas? How come you're not finishing . . . making your purchase?" The … impartial judicial officer based on probable cause before most searches may be undertaken." State v. Patino, 83 N.J. …
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… DIVISION DOCKET NO. A-1535-16T3 CHRISTINE MINSAVAGE for DAVID MINSAVAGE (deceased), Petitioner-Appellant, v. … retirement options"; (2) decedent "was incapacitated by a combination of physical, psychological and emotional burdens … application. At that time, early retirement represented the most sensible option because it provided greater benefits …
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… Argued May 1, 2018 – Decided June 7, 2018 Before Judges Hoffman, Gilson, and Mitterhoff. On appeal from … its Board of Trustees (Board), and its property management company, Taylor Management (Taylor) (collectively, … we determine whether, viewing the facts in the light most favorable to the non-moving party, the moving parties …
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… Submitted November 27, 2018 – Decided Before Judges Fisher and Hoffman. On appeal from Superior … the omission is ascribable primarily to defense counsel's incompetence or the State's failure to provide the discovery … 89, 158 (1997). The court must view the facts "in the light most favorable to defendant." Ibid. 10 A-2234-17T4 Here, …