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njcourts.gov
… Argued August 13, 2019 – Decided August 20, 2019 Before Judges Messano and Natali. On appeal from the Superior … and participated in the May 2016 proceeding. The Board recommended that 1 The Board is a unified board that also … unit." For reasons that follow, we need not recount most of the testimony before the Board at the ensuing …
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njcourts.gov
… 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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njcourts.gov
… CONSTRUCTION, LLC, FLORIO ENTERPRISES, LIMITED LIABILITY COMPANY, 146-152 HAMILTON, LLC, 210-220 GOVERNOR, LLC and … "based on our consideration of the evidence in the light most favorable to the parties opposing summary judgment." … Co. v. Ellis, 409 N.J. Super. 444, 454 (App. Div. 2009); LaPlace v. Briere, 404 N.J. Super. 585, 595 (App. Div. 2009). …
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njcourts.gov
… Submitted April 29, 2020 – Decided May 22, 2020 Before Judges Koblitz and Gooden Brown. On appeal from the … for the reasons expressed in Judge Robert Kirsch's comprehensive and well-reasoned written opinion. We … an evidentiary hearing "should view the facts in the light most favorable to a defendant." State v. Preciose, 129 N.J. …
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njcourts.gov
… Submitted March 10, 2020 – Decided April 30, 2020 Before Judges Messano and Susswein. On appeal from the … in her favor. In December 2017, plaintiff filed a verified complaint and order to show cause seeking to set aside the … Bank, 87 N.J. 163, 176 (1981)).] 6 A-1942-18T2 "Among the most natural of confidential relationships is that of parent …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… Argued February 12, 2020 – Decided Before Judges Fuentes, Haas and Mayer. On appeal from the … facts of this matter. Therefore, we need only recite the most salient facts here. Plaintiff joined defendant's … managed by plaintiff. In February 2016, plaintiff filed a complaint against defendant and alleged that defendant had …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… JAY LEVIN, an individual, Third-Party Plaintiffs, v. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … previously entered by another judge (the first judge), compelling plaintiff Kara Peck to pay frivolous-litigation … and did not have the ability to pay counsel fees. Almost four months after judgment was entered in favor of the …
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njcourts.gov
… located in Elizabeth. Construction of the building was completed sometime in 2015, and plaintiff was the first … "excessive burn marks on carpet" requiring "complete[] replace[ment];" 4) $900 for "excessive wear and tear and burn … to plaintiff, during the walk-through, he had disputed most of the items noted on the checklist, but signed it …
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njcourts.gov
… 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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njcourts.gov
… Submitted June 2, 2020 – Decided July 8, 2020 Before Judges Yannotti and Hoffman. On appeal from the … during the opening statement, the trial court provided a comprehensive curative instruction advising the jury "to … his or her claim, viewing the facts alleged in the light most favorable to the defendant, will ultimately succeed on …
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njcourts.gov
… argued April 30, 2020 – Decided June 22, 2020 Before Judges Fisher, Accurso and Gilson. On appeal from the … Landlord in writing immediately. Tenant is responsible for compliance with this agreement. If any person resides at the … resolved with him being allowed to stay in the apartment. Most importantly, the record was unrebutted that for years …
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njcourts.gov
… Submitted June 2, 2020 – Decided June 17, 2020 Before Judges Fisher and Accurso. On appeal from the Superior … Atkins Media II, LLC, is a Delaware limited liability company, that operates an outdoor advertising business. … statements of the proposed assignee for its three (3) most recent fiscal years certified by an authorized officer …
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njcourts.gov
… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS STEVEN COZZOLINO, Plaintiff, vs. … Tretina at 358. The Tretina court acknowledged, “in most cases the Chief Justice would not vacate an award even … 10 the right in the June 25, 2008 Arbitration Award to revisit any issues that needed further modification and …