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… her cross-motion for summary judgment, and dismissing her complaint with prejudice. Because the motion judge … By October, they were talking about going into business together. She wanted to operate a boutique or décor store; he … and what was happening. [Defendant] was the one who always told me what was going on, how it was going to happen. …
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… DOCKET NO. A-2607-22 NEW JERSEY MANUFACTURERS INSURANCE COMPANY, Plaintiff-Appellant, v. LALLYGONE LIMITED LIABILITY … Argued January 17, 2024 – Decided January 25, 2024 Before Judges Haas and Gooden Brown. On appeal from the … 596, 604 (2020)).] Subrogation can arise in one of three ways, either through "(1) an agreement between the insurer …
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… Submitted February 7, 2024 – Decided February 29, 2024 Before Judges Firko and Susswein. On appeal from the Superior … previous relationship who was adopted by defendant after becoming an adult. After plaintiff filed for divorce, the … that garnishing defendant's wages was the only consistent way plaintiff had received any money from defendant, "and to …
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… INSURANCE GROUP, INC., and MASSACHUSETTS BAY INSURANCE COMPANY, MARSCHIL INSURANCE AGENCY, INC., d/b/a NORTHEAST … the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the … could certainly be used and inhabited, just not in the way the business[] would have liked"). Applying what we …
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… N. SOSIS, Plaintiff-Appellant, v. TOWNSHIP OF MANSFIELD COMMITTEE and DENA HREBENAK, in her official capacity as … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … affecting the public is discussed or acted upon in any way . . . . [Ibid.] The OPMA establishes requirements for …
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… approximately 3.564 acres, would have a 200-foot-long driveway "coming from Route 9" with "gated access" that would be … on a shift. 5 A-1135-21 Unlike the detox facility, visitors would be permitted at the inpatient facility but on … was "deficient" because "[m]ere recitals of testimony together with a parroting of the statutory language is …
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… CONSECUTIVE SENTENCES UPON DEFENDANT, THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN FAILING TO PROVIDE A FULL AND … the burglary that were in the car. Given these details, together with Sorber's "general experience with criminal … An informant's veracity may be established in a variety of ways. For example, the informant's past reliability will …
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… and CATHERINE R. MCCABE, in her official capacity as Commissioner of the New Jersey Department of Environmental … Argued June 15, 2023 - Decided August 1, 2023 Before Judges Currier, Mayer and Enright. On appeal from the … under the ADA." The swing set did not relate "in any way to [plaintiff]'s ability to breathe properly," and it …
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… from an April 4, 2022 Law Division order dismissing his complaint against defendant Toyota Motor Sales, U.S.A., Inc. … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … v. Celotex Corp., 127 N.J. 404, 417 (1992)). Stated another way, an expert is required to "'give the why and wherefore' …
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… Submitted December 13, 2023 – Decided February 12, 2024 Before Judges Currier and Susswein. On appeal from the … Regarding the credibility of the uncalled witness compared to the actual witnesses, the judge concluded, … strategic decision. Second, it shows defendant was in no way prejudiced by the failure to call Kernizan as a trial …
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… Submitted February 7, 2024 – Decided February 27, 2024 Before Judges Currier and Firko. On appeal from the Superior … Division order for judgment dismissing their verified complaint with prejudice. Appellants sought: a declaration … or their counsel for the next five years. McClure passed away on April 17, 2020. The former Bergen County Assignment …
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… Submitted March 22, 2023 – Decided June 13, 2023 Before Judges Firko and Natali. On appeal from the Superior … ineffective and did not prejudice his defense in any way. As to the first Strickland prong, the court found … was "alert," 7 A-1873-20 "responsive," "focused," able to comprehend questions, and to "express himself in a coherent …
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… APPELLATE DIVISION DOCKET NO. A-1255-22 W.M. and M.A.M, Complainants-Appellants, v. JOSHUA AIKENS, LISA CARLSON, … Submitted February 27, 2024 – Decided May 24, 2024 Before Judges Mayer and Enright. On appeal from the School … with the standards set forth" in the statute. Thus, by way of example: 1. Factual evidence of a violation of …
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… Argued October 31, 2023 – Decided November 28, 2023 Before Judges Rose and Perez Friscia. On appeal from the … from a June 1, 2022 final judgment, which dismissed their complaint in lieu of prerogative writs and entered judgment … as permitted by N.J.S.A. 40:55D-107. 4 A-3485-21 access by way of pull[-]down stairs to the third floor." The …
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… as tenants, (collectively, the parties) executed a written commercial lease on November 10, 1995 (the Original Lease). … any force or effect"; (8) "shall not be modified in any way . . . except by a writing executed by both parties"; (9) … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …
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… defendant's alimony obligation based on his reduced income, which stemmed from voluntary underemployment. … were married on June 8, 1992. The parties share one child together, born in September 2002. In June of 2019, the parties … establishes only the present support obligation and is "always subject to review and modification on a showing of …
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… Argued February 25, 2025 – Decided March 6, 2025 Before Judges Sumners and Perez Friscia. On appeal from the … as a Tier II sex offender pursuant to the registration and community notification provisions of Megan's Law, N.J.S.A. … and the experts rely on self-reporting, and they do[ not] always look at what the relevant and reliable evidence [is], …
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… and TAMAR, INC., Plaintiffs-Appellants, v. GEICO INDEMNITY COMPANY, Defendant-Respondent. … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … against all claims arising from any accident in any way incident to loading/unloading irrespective of causation, …
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… Argued November 20, 2024 – Decided March 25, 2025 Before Judges Mayer and Puglisi. On appeal from the Superior … order reinstating plaintiff Michael Wiseberg, Esq.'s complaint and NOT FOR PUBLICATION WITHOUT THE APPROVAL OF … complaint was of no consequence, and we agree. Either way, upon reinstatement, defendant had the opportunity to …
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… Submitted September 12, 2023 – Decided September 26, 2023 Before Judges Smith and Perez Friscia. On appeal from the New … the August 6, 2021 final agency decision of the Assistant Commissioner of the Division of Medical Assistance and … 354, 364 (App. Div. 2006). "Nevertheless, we are 'in no way bound by the agency's interpretation of a statute or its …