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… NOT TO BE PUBLISHED WITHOUT APPROVAL FROM THE COMMITTEE ON OPINIONS NVL, INC., a Delaware Corporation and … 2016. It is undisputed that the 2016 LOI superseded and replaced entirely the 2014 LOI. The 2016 LOI was drafted by … at 535-536. If, after analyzing the evidence in the light most favorable to the non-moving party, the motion court …
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… suit alleging damages associated with the repair and replacement of the defective work, specifically, the plaintiff … presumed to be part of the basis of the bargain "once the buyer has become aware of the affirmation of fact or … part of the task, the defendants overlooked one of the most important element that could be proven by discovery: …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … for the territory was $136,000.1 Because SDAs receive a commission on the products they sell, the purchase price was … the PFI district sales manager, confirmed that "[f]or almost two weeks after closing," he accompanied plaintiff as …
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… Submitted March 29, 2023 – Decided July 7, 2023 Before Judges Mayer and Bishop-Thompson. On appeal from the … defendant pleaded guilty to third-degree conspiracy to commit theft from a person. The State dismissed the … his or her claim, viewing the facts alleged in the light most favorable to the defendant, will ultimately succeed on …
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… Submitted June 7, 2023 – Decided July 20, 2023 Before Judges Firko and Natali. On appeal from the Superior … is insufficient evidence supporting the judge's finding he committed the predicate act of harassment, and therefore, … 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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… 1 Alternatively, defendant moves pursuant to R. 8:4-3(c) for leave to file an Answer out of time. NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY 495 Dr. Martin … a $13,779 (“2017 refund”) through the amended return. Almost one year later, on August 29, 2022, the Division denied …
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… Argued February 6, 2024 – Decided February 26, 2024 Before Judges Smith and Perez Friscia. NOT FOR PUBLICATION … 8, 2018) (slip op. at 1-15). We therefore only recite the most salient facts here. On January 31, 2014, Tyrone … that CURE insured. On December 8, 2014, plaintiff filed a complaint in the Law Division, Atlantic County, against …
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… explained in Judge Marilyn C. Clark's thoughtful and comprehensive written opinion. I. Shortly after midnight on … applicable. She reasoned, "defendant committed one of the most calculating, terrible, horrific and cruel offenses . . … . . ongoing efforts to assist him," there was no basis to revisit his twenty-four-year NERA sentence. She observed, too, …
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… Argued May 10, 2023 – Decided June 27, 2023 Before Judges Currier and Enright. On appeal from the Superior … and Dutko knocking and yelling, "Sheriff's officers[,] come to the front door. Mr. Fair, come to the front door." … in the backyard, he noticed "movement" in "the top most far right window." Borgia shined his flashlight at the …
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… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS DOMINICK ALFIERI, SUPERIOR COURT OF … sent Defendant a new Promissory Notes (the “Second Replacement Note”) in the amount of $5,754,131.57. Id. at ¶ … the value that Dominick seeks contradicts Plaintiff’s most fervent testimony about the operations of the Alfieri …
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… Argued February 12, 2024 – Decided April 18, 2024 Before Judges DeAlmeida and Berdote Byrne. On appeal from … June 1, 2023." Counsel for appellants and plaintiffs communicated shortly thereafter and appellants sought to … the expert is a 'professional witness' or 'hired gun' who mostly offers opinions that largely seek to vindicate a …
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… Argued January 14, 2025 – Decided March 3, 2025 Before Judges Smith, Chase and Vanek. On appeal from the … . . . . In February 2018, plaintiff filed a Law Division complaint seeking damages for defendant's breach of the … Super. 229, 232 (App. Div. 1990). Although the doctrine "most commonly applies to the binding nature of appellate …
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… evidence" and question what proofs are required to overcome the "presumption" that properly addressed mail arrived … on its website and email to Certifying Officers is misplaced. In In re State & School Employees' Health Benefits … it is persuasive. Id. at 284. The Court observed: As with most agency action, there is room for debate over what is …
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… OF EDUCATION and DR. ANGELICA ALLEN-MCMILLAN, ACTING COMMISSIONER, Respondents-Respondents. Submitted November 7, 2024 – Decided January 16, 2025 Before Judges Currier and Torregrossa-O'Connor. On appeal from … the [s]tatewide average equalized total tax rate for the most recent available calendar year and is spending at least …
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… Foligno (collectively, defendants) and dismissing their complaint with prejudice. The motion judge granted the … summary-judgment record, viewing the evidence in a light most favorable to plaintiffs, the non-moving parties, and … ALJ acknowledged Michael "had previously complained of workplace harassment by Chief Foligno" and that Michael and his …
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… POST ACUTE CARE AT WAYNEVIEW, 2020 ROUTE 23 OPERATING COMPANY LLC, d/b/a ATRIUM POST ACUTE CARE OF WAYNEVIEW, KBWB … Coordinated Transp., 124 N.J.L. 38 (E. & A. 1940), is misplaced, as that case is readily distinguished from Repko. In … steps were taken to comply with the statute. 14 A-0145-21 Most significantly, plaintiff has not provided a reasonable …
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… Argued May 21, 2024 – Decided June 13, 2024 Before Judges Smith and Perez Friscia. On appeal from the New Jersey Commissioner of Education, Docket No. 10-12/22A. Oded … "it was not until 2013[] that they changed [the address on] most of their vital documents to Brigantine," and those …
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… Submitted January 30, 2024 – Decided March 28, 2024 Before Judges Mayer and Paganelli. On appeal from the Superior … A-1450-22 On February 14, 2020, Dattolo filed a five-count complaint against EMC and Morgan. Dattolo alleged: (1) … trial court's determination of the lodestar amount is the most significant element in the award of a reasonable fee …
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… Submitted December 10, 2024 – Decided December 24, 2024 Before Judges Perez Friscia and Bergman. On appeal from the … Esther Jean summary judgment and dismissing Enoch's complaint with prejudice. After reviewing the record in … established in the summary judgment record in the light most favorable to plaintiff, the non-moving party. See …
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… Argued October 2, 2024 – Decided November 15, 2024 Before Judges Marczyk and Torregrossa-O'Connor. On appeal from … Michael Crane1 filed an order to show cause and verified complaint seeking an order compelling an accounting from … that there were no such lyric sheets in that room anywhere. Most importantly, plaintiff doesn't provide even a shred of …