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… after February 2017. In August 2017, plaintiff filed a complaint in foreclosure. The foreclosure matter was … evidential materials presented, when viewed in the light most favorable to the non-moving party, are sufficient to … 2012). A. Defendants' reliance on judicial estoppel is misplaced. "The doctrine of judicial estoppel is well …
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… Argued January 9, 2024 – Decided March 12, 2024 Before Judges Whipple, Enright and Paganelli. On appeal from … the $3,000 check. On January 26, 2021, Pearson filed a complaint against QAEC and COAF. He alleged: violation of … evidential materials presented, when viewed in the light most favorable to the non-moving party, are sufficient to …
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… Argued October 30, 2023 – Decided March 27, 2024 Before Judges Gilson and Bishop-Thompson. On appeal from the … material facts from the record, viewing them in the light most favorable to defendant, as the non-moving party. Templo … borrowed $700,000 from 279 Veterans and Seabridge, two companies owned by Harold Trieger. Joseph Grunwald, as the …
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… Submitted October 3, 2023 – Decided October 26, 2023 Before Judges Sumners and Perez Friscia. On appeal from the … the March 18, 2022 final agency decision of the Assistant Commissioner of the Division of Medical Assistance and … the third verification request and provided the County with most of "the requested documents per the letter." …
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… Submitted February 26, 2024 – Decided February 11, 2025 Before Judges DeAlmeida and Berdote Byrne. On appeal from the … cross-motion for summary judgment; and (3) dismissing his complaint with prejudice. We affirm. I. Mulligan was … the county's Chief Financial Officer attested, "[a]lthough most police officers earn in excess of [their] base …
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… Submitted October 7, 2024 – Decided October 16, 2024 Before Judges Sabatino and Berdote Byrne. On appeal from the … court's decision critically omits findings as to whether he committed any of the predicate acts charged by plaintiff. He … a domestic violence restraining order should be issued– –is most often perfunctory and self-evident, the guiding …
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… Submitted March 12, 2023 – Decided April 3, 2024 Before Judges Haas and Puglisi. NOT FOR PUBLICATION WITHOUT … found it in P.S.'s office, where it was connected to his computer. P.B. then took plaintiff to her aunt's house and … circulate the personal material. Although the judge noted most of the other six factors under N.J.S.A. 2C:25-29(a) …
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… Malika Williams advised trial counsel defendant's brother committed the homicide. However, one week later, she advised … Williams to testify. During trial, Williams appeared most days and acknowledged receiving the subpoena. However, … Strickland test was previously decided, and we will not revisit it. Defendant conflates his motion for a new trial …
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… Argued January 29, 2024 – Decided July 11, 2024 Before Judges Gilson, DeAlmeida, and Bishop- Thompson. On … facts from the record, viewing the facts in the light most favorable to plaintiff as the non-moving party. … exchanged when plaintiff notified Phelan that he could commence employment on March 12, 2021, and requested a copy …
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… appeals the summary judgment dismissal of his negligence complaint against Bayonne Dry Dock. We affirm substantially … from the summary judgment record, viewing them in the light most favorable to plaintiff as the non-moving party. … 460 (App. Div. 1995), aff'd, 143 N.J. 565 (1996), was misplaced. And unlike in Carvalho, Bayonne Dry Dock's "OSHA …
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… part of this agreement, the Borough was to "construct and commence operations of a system of mains for the collection … evidential materials presented, when viewed in the light most favorable to the non-moving party, are sufficient to … reliance on Section 6.1 of the 1999 Agreement is misplaced and does not provide for payment of the connection …
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… Argued September 25, 2024 – Decided December 6, 2024 Before Judges Mayer and Puglisi. On appeal from the Superior … Jim Kimberling, and dismissing with prejudice plaintiff's complaint. We affirm. I. The hospital hired plaintiff in … This is because "[a] reference to arbitration, unlike most interlocutory orders, terminates the role of the courts …
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… Argued June 25, 2019 – Decided July 10, 2019 Before Judges Rothstadt and Suter. On appeal from the Superior … August 28, 2018 order that dismissed their personal injury complaint for failure to satisfy the limitation on lawsuit … that college was just a "temporary re- location for the most part." Citing Montemayor v. Signorelli, 339 N.J. Super. …
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… did not sign 1 The Crismalis never filed an answer to the complaint or cross-claim and did not appeal. 5 A-4757-17T4 … 7 A-4757-17T4 2(c). "We must view the evidence in the light most favorable to the non-moving party[.]" Mem'l Props., LLC … occurs when an existing obligation . . . is satisfied and replaced by a new obligation undertaken by the same …
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… Submitted June 6, 2019 – Decided June 17, 2019 Before Judges Simonelli and Firko. On appeal from Superior … that defendant abide by the rules of the home and defendant coming home late, sometimes intoxicated, or not coming home … form of mens rea contained in our penal code, and the most difficult to establish." State v. Duncan, 376 N.J. …
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… Argued December 13, 2018 – Decided August 9, 2019 Before Judges Simonelli, O'Connor and DeAlmeida. On appeal … Monmouth Hills, Inc. (MHI) in its action to collect common area maintenance charges and fees, as well as the … the rules, regulations and bylaws of MHI. 4 A-4979-15T2 Almost immediately after purchasing her home, LeClair became …
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… Argued July 2, 2018 – Decided July 27, 2018 Before Judges Carroll and Rose. On appeal from Superior Court … Special Civil Part judgment, effectively dismissing its complaint for possession of an apartment in Edgewater.1 On … payable from a joint account held by Jay and Eitan; the most recent check, dated April 1, 2017, was payable from …
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… APPELLATE DIVISION DOCKET NO. A-0081-17T3 LESSNER ELECTRIC COMPANY, Plaintiff-Appellant, v. FIDELITY AND DEPOSIT … resulting in a twenty-four month delay caused by APS's replacement on the project. The surety noted Lessner's sole … set forth in its contract with APS. Indeed, as we noted, at most Rider A merely reflected Lessner's position that it was …
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… MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC., A NOMINEE FOR HOMECOMINGS FINANCIAL NETWORK, INC., Defendants. … mortgages were taken out. Viewing the facts in the light most favorable to defendant, it could be that her financial …
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… Argued December 6, 2018 – Decided April 12, 2019 Before Judges Simonelli, Whipple and DeAlmeida. NOT FOR … at Cherry Tree, LLC, entered a five year and five month commercial real estate lease commencing June 1, 2011, with … R. 4:46-2(c)). The evidence must be viewed in "the light most favorable to the non-moving party." Mem'l Props., LLC …