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… v. PENNINGTON AFRICAN CEMETERY ASSOCIATION, INC., Defendant-Appellant, and SUSAN A. WITCHER and ANGELA WITCHER, … 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 …
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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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… ESQ., BRUNO BRUNINI, ESQ., and JOHN MEGJUGORAC, ESQ., Defendants-Respondents. ______________________________ Submitted … 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, …
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… DOCKET NO. A-5863-17T1 DEUTSCHE BANK NATIONAL TRUSTEE COMPANY AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST … Wife, Tenants/Occupants, and WHITE PINE HOLDINGS, LLC, Defendants, and JR FACTORS, INC., Defendant-Appellant. … 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 30, 2019 – Decided June 25, … 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, … led to her spotting Carvounis's activity in the store that day. She noticed him as she was monitoring the surveillance … the not guilty finding on Charge 2, and modified the recommended penalty of suspension to termination from …
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… Plaintiff-Respondent, v. T.W., J.K., JR., and D.H., Defendants-Respondents. _____________________________ IN THE … affirm that court's decision. I. We need not set forth here comprehensively the facts and procedural history, as we … 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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… MIDDLETOWN PLANNING BOARD and TOWNSHIP OF MIDDLETOWN, Defendants-Respondents, and LINDA GLOWZENSKI, … 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 …
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… AND PERMANENCY, Plaintiff-Respondent, v. Q.V.P., Defendant-Appellant, and W.W., A.M., and T.C., Defendants. … 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 …
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… and DI HILAL, Plaintiffs-Respondents, v. DONGYOUN HAN, Defendant-Appellant. ____________________________ Submitted June … 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 …
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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, …
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… VI, LLC, SOMERVILLE TIC IX, LLC, Plaintiffs-Appellants, v. DAVID HAY, SOMERVILLE TIC I, LLC, SOMERVILLE TIC XI, LLC, … 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 …
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… v. SURAJ R. DESAI, a/k/a SURAJ DESSAI, Defendant-Appellant. _____________________________ Argued July … 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 …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-5697-16T4 JEFF RANDALL, Appellant, v. BOARD OF REVIEW and D&C TIRE PROS, INC., … 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 …
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… OF NEW JERSEY, Plaintiff-Respondent, v. ALBERT ZAYAT, Defendant-Appellant. ___________________________ Argued May 24, … 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 …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-4524-15T2 TOMIKIA DAVIS, by and through CHARLENE DAVIS, Limited Administrator … 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 …
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… Plaintiff-Appellant, v. LIBERTY INSURANCE CORPORATION, Defendant-Respondent. ____________________________ Argued … 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 …
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… v. DUANE M. HOLMES, a/k/a DEWAYNE M. HOLMES, Defendant-Respondent. ____________________________ Argued … 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 …
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… MOTOR TOWING SERVICE, INC., and MARK DIGIOVANNI, Defendants-Respondents. ___________________________ Argued … 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 …
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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 …