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… Argued June 30, 2021 – Decided March 2, 2022 Before Judges Accurso and DeAlmeida. On appeal from the Board … at an emergency room and discharged the following day with complaints of hip pain, neck pain, and a headache. She never … she was experiencing headaches and cognitive difficulties. Ultimately, Dr. Robinton opined that Merwin had reached …
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… official capacity as Municipal Clerk and Records Custodian for the Borough of Englewood Cliffs, Defendant-Appellant. … government records in eight categories: 1. Copy of all communications between any of the following representing the … various officials. We do not consider whether the judge's ultimate conclusion that defendants' response to items one …
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… DREHER, Plaintiff-Appellant, v. KENNETH ROSS, ESQ., and COMEGNO LAW GROUP, PC, Defendants-Respondents. … the fraud claim, which was dismissed without prejudice, together with a statement of reasons. 4 A-3805-19 While the … v. Daham, 329 N.J. Super. 54, 73 (App. Div. 2000). The ultimate question is one of fairness. Innes v. …
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… Submitted May 17, 2022 – Decided June 10, 2022 Before Judges Fisher and DeAlmeida. On appeal from the … where he argued that his confession was psychologically compelled by the detectives who interrogated him. Thus, the … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Id. at 355 (quoting R. …
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… sets minimum standards for road restoration on certain roadways in the borough, including Main Street, under which … the ALJ's findings and conclusions. 7 A-2502-21 utilities bestowed upon the Board cannot trump the specific … informal written decisions, or reasons given for the ultimate conclusion.'" (quoting Do-Wop Corp. v. City of …
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… and depositing a forged check from Cole Construction Company. Specifically, on October 2, 2018, co-defendants … and judgments and not from . . . reasons given for the ultimate conclusion." Do-Wop Corp. v. City of Rahway, 168 N.J. 191, 199 (2001). 5 A-2350-20 "Generally, …
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… to preserve the value of the Home should either parent become ill and need expensive medical care. Marcel had lived … reputable realtor on the multiple listing service. Upon the ultimate sale of the [Home], the net proceeds shall be … was reimbursed for his attorney fees. Frank, Sr. passed away in October 2011. Thereafter, Pasqualina and Marcel …
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… Submitted March 15, 2023 – Decided April 12, 2023 Before Judges Mayer and Bishop-Thompson. On appeal from the … his trial counsel was ineffective in failing to provide complete discovery, the judge found he failed to "point to … of [him] maybe 100 times and it's just a ruse to avoid the ultimate sentence." Defendant's dissatisfaction with the …
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… agreement (the Gift Agreement), which provided that the income from the "perpetual" endowment be used for "scholarship … judge heard additional arguments from GCU's counsel. Ultimately the judge ruled that he would grant in part and … I didn't find it. . . . . I just can't help but come away with the feeling that there's a woman who grew up in a …
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… the Law Division's October 22, 2021 order dismissing their complaint against defendant The Estate of Joseph Saitta … the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the … 142 N.J. 310, 322 (1995).] The doctrine, however, is ultimately "one of judicial fairness and will be invoked in …
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… Submitted November 2, 2022 – Decided February 1, 2023 Before Judges Haas and DeAlmeida. On appeal from the Superior … use of a credit card. In exchange, the State agreed to recommend a sentence of two years of non-custodial probation … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Id. at 355 (quoting R. …
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… separates the property from the eastbound lanes of the highway. The front of the property is on North 3 A-1135-20 … conditional use variances it sought. The Board, however, ultimately concluded Outfront required four variances, all … which will increase visibility and safety for the target audience, while ameliorating negative visual effects for …
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… affirm. We take the following facts from the unusual and incomplete record in this matter. On September 6, 2006, Linda … by a non-purchase money mortgage affecting a residence in Wayne. The interest rate on the mortgage was subject to an … to 5 A-3696-20 make payments on the loan thereafter, but ultimately fell $781.38 short of the cure amount. On August …
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… seasonal tenants. In 3 2014, Leslie J. Tirpak passed away, leaving Mrs. Tirpak as the sole owner of the property. … and capricious, in that it imposes an illegal scheme targeting renters as opposed to the owners of property. … restriction is arbitrary, capricious, unreasonable, and ultimately invalid and unenforceable. 3. Is Plaintiff’s …
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… retaliated against him by filing disciplinary charges and ultimately suspending him. We have considered these … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … to the adverse action. See, e.g., Hitesman v. Bridgeway, Inc., 218 N.J. 8, 29 (2014) (citations omitted). We …
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… Submitted September 25, 2018 – Decided Before Judges Yannotti and Natali. On appeal from Superior … 2013, Kafarr Logan Horton called a friend and asked him to come to his residence in Oaklyn, New Jersey. Horton said he … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22-10(b). A claim of …
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… September 20, 2018 – Decided October 10, 2018 Before Judges Hoffman and Suter. On appeal from Superior Court … appeals from Law Division orders dismissing his amended complaint, which asserted claims of legal malpractice and … investigation or prosecution on July 8, 2013. The State ultimately declined to file any charges against plaintiff. …
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… Defendants-Appellants, v. UTICA FIRST INSURANCE COMPANY, Third-Party Defendant-Respondent, and 2 HAND … Argued April 25, 2018 – Decided July 27, 2018 Before Judges Fuentes, Koblitz, and Manahan. On appeal from … it was another company owned by the owner of Hand Brothers. Ultimately, the Certificate of Liability Insurance Hand …
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… Submitted May 22, 2018 – Decided July 16, 2018 Before Judges Mawla and DeAlmeida. On appeal from Superior … imposed mandatory fines and penalties, and ordered her to complete twelve hours at the Intoxicated Driver Resource … for the death of the two children. Id. at 412-13. Ultimately, the Supreme Court held that if the prosecution …
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… Submitted March 20, 2018- Decided Before Judges Carroll and Mawla. On appeal from Superior Court … In exchange for defendant's plea, the State agreed to recommend a sentence of seven years imprisonment, subject to … a reasonable likelihood that his or her claim will ultimately succeed on the merits." Ibid. The court must view …