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… PACA refused, plaintiff filed suit seeking, among other remedies, specific performance of the easement grant. Both sides moved for summary judgment following discovery. In a comprehensive oral decision, Judge Mary C. Jacobson … in the light most favorable to the non-moving party, are sufficient to permit a rational fact finder to resolve the …
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… school is at full capacity and consequently unable to accommodate all of the students who fall within this … under the principle of exhaustion of administrative remedies or primary jurisdiction. R. 4:69-5. It would be unfair … to Wildwood's children's use of the Annex. The Board also points out that North Wildwood is obligated to provide …
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… defendants' summary judgment motion and dismissed the complaint because plaintiff's malpractice expert did not … he slipped on ice and fell on concrete steps as he left a commercial building. Three days after his accident, … defined the issue as "whether the plaintiff has presented sufficient evidence as to allow a jury to find in her [sic] …
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… DOCKET NO. A-5863-17T1 DEUTSCHE BANK NATIONAL TRUSTEE COMPANY AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST … consideration of the applicable evidentiary standard, are sufficient to permit a rational factfinder to resolve the … 8 A-5863-17T1 "[W]here the party opposing summary judgment points only to disputed issues of fact that are 'of an …
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… v. SUBARU 46, LLC, DCN AUTOMOTIVE LIMITED LIABILITY COMPANY, and JDN AA, LLC, Defendants-Appellants. Argued May … the arbitration clause in the controlling credit agreement sufficiently advised these sophisticated commercial entities … swap agreements. . . . Preservation and Limitation of Remedies. Notwithstanding the preceding binding arbitration …
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… Rehabilitative Disposition 4 A-4438-17T2 (ARD) program. He completed all conditions of the program on August 25, 2014, … the not guilty finding on Charge 2, and modified the recommended penalty of suspension to termination from … of Trooper Carvounis, such a 8 A-4438-17T2 penalty is insufficient. As previously noted, a State Trooper is held to a …
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… affirm that court's decision. I. We need not set forth here comprehensively the facts and procedural history, as we … with those details. The following brief summary will suffice. 4 A-3437-17T3 The Parties and The Subject Children … not find the Division's testifying expert credible on key points. Similarly, we will not set aside the judge's adverse …
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… for the reasons expressed by Judge Kapalko in his comprehensive and well-reasoned opinions of October 24, 2014 … Specifically, and "recogniz[ing] Section 16-801 may not be compliant with the MLUL (Municipal Land Use Law)," it found … an adequate hearing on July 1, 2015, and there was sufficient evidence in the record to support its findings as …
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… JUDGMENT AGAINST QIANNA IS MANDATED BECAUSE THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN ADMITTING INTO EVIDENCE AT THE … claims against Qianna is mandated because the trial court committed reversible error in admitting inadmissible hearsay … drawn therefrom, to determine whether the proofs are sufficient to sustain a judgment." Prioleau v. Ky. Fried …
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… tenants with a notice to quit in October 2016. He filed a complaint for possession of the unit in January 2017, see … withdrew it because the October 2016 notice to quit did not comply with N.J.S.A. 2A:18-61.2(f).3 Landlord served another … concealed his intent to assert his right to same without sufficient 10 A-6004-17T2 merit to warrant discussion in this …
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… ST. BARNABAS MEDICAL CENTER and BARNABAS HEALTH MAINTENANCE COMPANIES, Defendants-Respondents. … Medical Center (SBMC) and Barnabas Health Maintenance Companies (BHMC). We affirm. I. On December 18, 2014, … The judge concluded that plaintiff had not presented sufficient evidence to impose liability upon defendants, and …
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… of the facts relies upon the allegations in plaintiffs' complaint, which asserts that defendant David Hay solicited … friends, and acquaintances, to invest in the purchase of a commercial building and parking deck 3 A-3863-16T2 (the … Div. 1977). The inquiry is limited to examining the legal sufficiency of the facts alleged on the face of the …
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… license. Defendant informed Officer Dorward he had been coming from a family party in Edison and that he owned a … Dorward, the State presented testimony from a Motor Vehicle Commission employee, Andrew Feller. Defendant did not … the testimony by defendant's expert. 4 A-1433-16T2 prior to committing the offense in this case. Thereafter, defendant's …
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… his appeal from a disqualification from unemployment compensation benefits and denying his request to vacate the … Hearing Examiner addressing the merits of his unemployment compensation claim and stating he would "speak with [the … an appeal from an order of the Board denying unemployment compensation, our review "is limited to determining whether …
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… with defendant, Sanfilippo "smelled an odor of alcohol coming from him[,]" and saw that defendant was "swaying back … a blood alcohol content (BAC) of 0.177%. Defendant began complaining of chest pain and was placed on a cardiac … to uphold the motion judge's factual findings so long as sufficient credible evidence in the record supports those …
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… Court's decision flatly "prohibiting ex parte post-verdict communications between trial judge and jurors." Davis v. … "consider afresh the import of the juror's observation and comment, along with all other relevant factors bearing on … the court and counsel discussed whether the inquiry sufficed. The judge said that he would deny any forthcoming …
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… Thapar argued the cause for respondent (Law Offices of Viscomi & Lyons, attorneys; Patricia R. Lyons, on the brief). … 28, 2015. Plaintiff testified he had a total of six MRI studies of his knees and shoulders during the time he was … injuries plaintiff sustained in the accident were insufficient to satisfy the permanency requirements under …
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… Holmes to dismiss a Bergen County indictment for failure to comply with the Interstate Agreement on Detainers (IAD). On … with a review of the pertinent authority. "The [IAD] is a compact entered into by [forty-eight] States, the United … all detainers based on untried indictments, informations or complaints ' and to provide 'cooperative procedures' for …
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… 56:12-14 to -18. Plaintiffs, representing a putative class, complained defendants Guaranteed Motor Towing Service … found plaintiffs did not exhaust their administrative remedies pursuant to the Towing Act, because they neither … were required to exhaust their administrative remedies pursuant to N.J.S.A. 56:13-21(b), before suing under …
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… supplied on appeal reflects the municipal court failed to comply with the self-representation protocol mandated by … appeal. In his brief, counsel presents the following points: ERRORS OF LAW WARRANT VACATION OF DEFENDANTS' … might have been presented by the municipal judge to the audience at the outset of a municipal court session. Even if …