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… judgment, dismissing her Law Against Discrimination (LAD) complaint against defendants Stone Hill Recreation … hostile work environment. As our courts have recognized, in most cases, "it is the cumulative impact of successive … the motion judge that plaintiff's reliance on Taylor is misplaced. This is not the "rare and extreme case" where a …
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… Submitted October 12, 2017 – Decided Before Judges Alvarez and Nugent. On appeal from Superior … the sheriff's foreclosure sale, plaintiff filed a verified complaint and "Order to Show Cause for Summary Judgment" … The facts of the cases are far from identical. Perhaps the most significant distinction between Security Pacific and …
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… Submitted March 1, 2018 – Decided Before Judges Simonelli and Rothstadt. On appeal from Superior … to, the summary judgment motions, viewed in the light most favorable to plaintiff. Edan Ben Elazar v. Macrietta … 3 A-3722-16T2 property, and the two properties share a common border. Oldmans Creek borders the properties to the …
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… SR. Argued April 23, 2018 – Decided June 27, 2018 Before Judges Ostrer and Rose. On appeal from Superior Court … the residence. Accordingly, in January 2017, the executor commenced the present summary action, seeking relief that … purchase the family home, but the sale was "stonewalled" by most of her siblings. She contends the executor …
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… WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee for MASTR Asset Backed Securities Trust 2005-OPT1, Mortgage … argues the court erred by rejecting his contention the complaint was filed beyond the six-year limitations period … trial and appellate courts must view the facts in the light most favorable to the non-moving party, which in this case …
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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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… 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 April 30, 2019 – Decided May 24, 2019 Before Judges Hoffman and Enright. On appeal from Superior … beginning as a salesman before starting his own used car company with his brother. When defendant's brother left the … transaction must prove each element by "the clearest and most convincing evidence . . . ." P & M Enters., 293 N.J. …
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… APPELLATE DIVISION DOCKET NO. A-5675-16T2 LIBERTARIANS FOR TRANSPARENT GOVERNMENT, A NJ NONPROFIT CORPORATION, … appeals from a July 20, 2017 order dismissing its complaint under the Open Public Records Act (OPRA), N.J.S.A. … "that the discipline of State Troopers involves the most profound and fundamental exercise of managerial …
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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 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 …
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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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… The caseworker corresponded with P.B.'s life insurance company and bank, however, without success. The caseworker … to the DMAHS. It argued that the record contradicted most of the ALJ's findings and departed from controlling … reliance on the doctrine of substantial compliance is misplaced. P.B. and the daughter had failed to show a series of …
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… NO. A-1667-15T3 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SASCO MORTGAGE LOAN TRUST 2006-WF3, … to, the summary judgment motion, viewed in the light most favorable to the non-moving party. Angland v. Mountain … as Trustee for SASCO Mortgage Loan Trust 2006-WF3, filed a complaint for foreclosure against defendant. Defendant filed …
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… Submitted December 22, 2016 – Decided Before Judges O'Connor and Whipple. On appeal from Superior … entity. In 2009, plaintiff, a certified public accountant, commenced providing accounting services for the business, as … dismiss without prejudice Bailey's third-party complaint. Most, A-0711-15T3 11 if not all, of the subject debt was …
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… M. MEDLEY and PROGRESSIVE DRIVE NEW JERSEY INSURANCE COMPANY, Defendants-Respondents. … Submitted September 25, 2017 – Decided Before Judges O'Connor and Vernoia. On appeal from the … matter were "meager and incomplete." Id. at 385. We were "most concerned," however, that the dismissal resulted from …
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… Submitted February 14, 2017 – Decided Before Judges Koblitz and Rothstadt. On appeal from Superior … limited. R.1:36-3. March 7, 2017 2 A-1965-15T1 plaintiff's complaint with prejudice.1 Plaintiff performed snow- plowing … were generally undisputed, and when viewed in the light most favorable to plaintiff, can be summarized as follows. …
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… Argued February 28, 2017 – Decided Before Judges Messano and Guadagno. On appeal from an … contract. Following the opening of the bids, an Evaluation Committee reviewed the bid packages to determine the "lowest … held with contractors to discuss information about the bid. Most troubling is Pardo's allegation that he was advised by …
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… H. LEDERER, Deceased. Argued December 20, 2016 - Decided Before Judges Reisner, Koblitz and Sumners. On appeal from the … matter and thus grant leave to appeal. 3 A-0175-14T1 his complaint seeking to probate a copy of a purported will … [N.J.S.A. 2A:23B-23 (emphasis added).] 11 A-0175-14T1 Most recently, our Supreme Court reaffirmed the authority of …
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… Submitted November 9, 2017 – Decided Before Judges Currier and Geiger. On appeal from Superior … upon his granddaughter, B.M. The State further agreed to recommend concurrent six-month terms of imprisonment, which … his or her claim, viewing the facts alleged in the light most favorable to the defendant, will ultimately succeed on …