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… or defendant) motions for summary judgment in these two companion cases (referred to herein as the “Caprioti action” … against 47 plaintiffs, contending that they filed their Complaint more than 10 years after the purchase of their … once the moving party presents sufficient evidence in support of the motion, the opposing party must “demonstrate …
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… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE COMMITTEE ON OPINIONS RICHARD TUSCANO, individually and … Factual and Procedural History Plaintiff filed his complaint on May 24, 2010. Plaintiff alleged minority … action on grounds of res judicata. This result is also supported by the late filing of the res judicata defense, …
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… government to demonstrate exigent circumstances that overcome the presumption of unreasonableness that attaches to … a relevant factor in this case. The State did not present competent evidence illustrating that the relevant area was … the trial court’s decision, so long as those findings are ‘supported by sufficient credible evidence in the record.’” …
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… summarize all portions of the opinion. Linden Democratic Committee v. City of Linden (A-30-21) (086255) Argued April … until the next general election, a position the mayor supported. The Democratic Committee voted and swore in … provides procedures for filling vacancies in governing bodies of municipalities. The principal goals of the Vacancy …
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… least 30 days to give both parties time to file briefs with supporting affidavits and certifications. (pp. 12-13) 2. … applies wherever “there is a nexus between self-service components of the defendant’s business and a risk of injury … containers, not grapes, on the display. The Court finds it compelling that Sam’s Club elected not to sell grapes in …
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… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS MHA, LLC, Plaintiff, v. ANTHEM, INC., … agreement, as amended, “according to mutually agreed per diems reflecting the services provided to Anthem enrollees.” … the theories of liability alleged in the Complaint. Horizon points out that the sole allegations lodged by MHA relate to …
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… Prepared by the Comt ESTATE OF RONALD DOERFLER AND STEPHANIE DOERFLER, … outside of the language of the policy to provide further support for the intent of the language when the court is … Ins. Co., 124 F. Supp.3d 264 (S.D.N.Y. 2015). As Chubb points out, the Second Circuit affirmed the rejection of …
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… Action DOCKET NO.: ATL-L-2294-15 Order THIS MATTER having come before the Court the motion to enter injunctive relief … harm; (2) the movant asserts a settled legal right supporting its claim; (3) the material facts are not … necessary can be accomplished by some less onerous expedient.”). Again, Catanoso Defendants submit that Steelman …
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… by defendants1 to dismiss several portions of the amended complaints and second amended complaints of plaintiffs The … “borrowing” of Federal RICO structure, purpose and remedies justifies the appropriateness of “borrowing” the new … be applied to plaintiffs’ claims. More specifically, RBS points out that the various Prudential plaintiffs are …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CAPE MAY … release under Rule 3:21-10(b)(2) or judicial furlough. 7 In support of defendant’s Motion for Release or Furlough, … II. LEGAL ANALYSIS A. Exhaustion of Administrative Remedies The State, through the Cape May County Prosecutor’s …
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… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS CITY OF CAMDEN and the CITY OF : … Camden from 2000 to 2013, stating that Kille “need[s] to be comfortable with the legal structure proposed by Mr. … a tax exemption the Project will not provide sufficient income to make it economically viable which will prevent …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS ANTHONY ALLEYNE, individually and on … relating to the use of a CPAP machine and undergo sleep studies on an annual basis. Employees who are suspected of … to the merits of plaintiff’s claims. As plaintiff correctly points out, the issue of whether sleep apnea is a disability …
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… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS … accrual of the claim upon a showing by way of motion and supporting affidavits that the public entity or public … shall ordinarily be barred from the pursuit of other remedies. Millison, 101 N.J. at 169. The workers’ compensation …
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… to 1997, N&A was known as Nightingale & Associates, Inc., a company founded in 1975 as a turnaround management … 1380 (Del. 1993), Delaware courts had refused to apply remedies for alleged oppression; and plaintiff had not … a materially greater interest in the issues in dispute. In support of its position, the court relied on Kalman Floors …
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… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS … standing to bring the challenges asserted under its Complaint. I. Procedural History Plaintiff is the owner of … tax matter may be entered upon stipulation of the parties supported by such proof as the Court may require.” Under …
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… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY MALA SUNDAR … its depreciation tables “were developed from actual case studies of sales and market value appraisals and formed the … Real Estate, 605, 608-10. However, as plaintiff correctly points out, M&S’ data is usually national, therefore, it is …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS February 11, 2021 Lawrence S. Berger, … Block 75, Lot 1 (the “subject property”). The real property comprises a 22.84-acre rectangular shaped parcel located at … it is “entitled to an adverse inference with regard to the support that defendant[’]s appraisal and appraiser would …
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… 5:3-31 to -59, the evidence in the summary judgment record supports an action for gross negligence. On April 4, 2010, … a spinal cord injury. The injury rendered plaintiff an incomplete paraplegic. Sahara Sam’s contracted with Aquatic … against Sahara Sam’s. To 16 buttress this contention, he points to (1) Sahara Sam’s failure to post the signs with …
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… dressed and act as though nothing had happened. The victim complied, and the parties and defendant’s sister then … Sara and pulled her into a bathroom where she saw her bloodied face in the mirror and began to scream. Defendant … occurred during this period of time. In addition, defendant points out that he presented a witness, Jones, who testified …
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… a claim for PIP benefits with defendant GEICO Insurance Company (GEICO), and GEICO paid the policy limit for PIP coverage of $250,000. On June 19, 2011, plaintiff commenced suit against defendant Roselle EZ Quick LLC, which … court pending resolution of GEICO’s reimbursement claim. In support of its motion, GEICO argued, pursuant to N.J.S.A. …