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… Argued October 29, 2024 – Decided November 27, 2024 Before Judges Gilson and Augostini. On appeal from the … from a January 22, 20241 order dismissing its foreclosure complaint for failure to state a claim upon which relief … N.J. 261 (2022). Plaintiff alleges the court erred in three ways: (1) in finding that it lacked standing; (2) in …
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… Submitted June 5, 2024 – Decided December 27, 2024 Before Judges Gummer and Walcott-Henderson. On appeal from the … and informed the coworker the license plate inquiry had come back as "unidentified." The license plate belonged to … re Stallworth, 208 N.J. 182, 194 (2011) (citing Henry v. Rahway State Prison, 81 N.J. 571, 579 (1980)). Further, the …
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… Argued December 12, 2024 – Decided January 16, 2025 Before Judges Walcott-Henderson and Vinci. On appeal from the … based on the test results and charging Picariello with incompetency, inefficiency or 3 A-1090-23 failure to perform … Firemen's Ret. Sys., 206 N.J. 14, 27 (2011)). We are "in no way bound by the agency's interpretation of a statute or its …
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… opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … of the opinion. James Meyers v. State Health Benefits Commission (A-27-22) (087633) (NOTE: The Court did not write … petitioner about free health benefits at “every step of the way during [petitioner’s] retirement planning”; and that …
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… Submitted January 8, 2019 - Decided Before Judges Accurso and Vernoia. On appeal from Superior … errors to the PCR court and only raised them to us by way of a motion to supplement the record, as well as "the … defendant provided no proof the prosecutor would have recommended him for PTI, rendering his claim no better than a …
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… Submitted December 4, 2018 – Decided Before Judges Yannotti and Gilson. On appeal from Superior … No. A-5762-03 (App. Div. Dec. 17, 2004). Following the completion of his prison sentence, defendant was civilly … that his trial counsel had been ineffective in a number of ways, including in (1) failing to call Dr. Reynolds to …
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… that the State failed to minimize the interception of communications not subject to interception, see N.J.S.A. … government can satisfy the necessity requirement in three ways: One is by showing the failure of other methods, which … N.J. Super. 280, 297 (App. Div. 1988). Furthermore, a target's surreptitious activities "rendered physical …
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… Argued April 1, 2019 – Decided April 23, 2019 Before Judges Messano, Fasciale and Rose. On appeal from … a May 25, 20181 order denying his motion to reinstate his complaint against Hermès of Paris (HOP) and Lorenzo Bautista … Arbitration offers a speedy, confidential and economical way for you and HOP to present the dispute to an …
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… Submitted February 28, 2019 – Decided May 22, 2019 Before Judges Simonelli and Whipple. On appeal from Superior … in the parking lot with the engine running and parked away from other vehicles. When Stevens approached the … field sobriety tests, though Stevens smelled no alcohol coming from defendant. Stevens administered the horizontal …
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… Submitted March 6, 2019 – Decided June 26, 2019 Before Judges Fuentes and Moynihan. On appeal from the … time of his death, Ralph owned real property in New Jersey commonly known as 24 Cornell Road, South Toms River (Cornell … by our practice. 2 That complaint was resolved by way of consent order and is not the subject of this appeal. …
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… Argued November 15, 2018 – Decided July 9, 2019 Before Judges Accurso, Vernoia and Moynihan. On appeal from … of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2017-5573. Gregory Lois … to benefits because he sustained his injuries while on his way home from work. Eastern explained it was investigating …
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… Argued October 4, 2018 – Decided July 17, 2019 Before Judges O'Connor, Whipple and DeAlmeida. On appeal from the New Jersey Public Employment Relations Commission, P.E.R.C. No. 2017-30. Stephen B. Hunter argued … continue to be paid. In the past, these calculations were always based on the actual schedule worked. Further, and …
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… Submitted February 7, 2019 – Decided August 22, 2019 Before Judges Whipple and DeAlmeida. NOT FOR PUBLICATION … sent a text message to her children stating, "I am on my way to Florida. All phones are on while I am gone. Make sure … was immaterial because there was an abysmal lack of communication from [Sara] to her children regarding the …
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… Submitted October 24, 2019 – Decided Before Judges Suter and DeAlmeida. On appeal from the New … provide information and documents regarding his spouse's income. See 3 A-3559-17T4 N.J.A.C. 10:71-5.5(a) (including the … 2006)). "However, a reviewing 8 A-3559-17T4 court is 'in no way bound by [an] agency's interpretation of a statute or …
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… defendant Robert Deja, a former employee who formed a company – before leaving plaintiff's employ – that would … cease or reduce doing business with [plaintiff], or in any way 5 A-1071-18T1 interfere with the relationship between … answers to interrogatories and admissions on file, together with affidavits, if any, show that there is no …
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… Argued November 4, 2019 – Decided January 3, 2020 Before Judges Sabatino and Geiger. On appeal from the Superior … agreed to pay plaintiff term alimony of $160 per week commencing one week after the sale of the marital residence … has been paid. So, we don’t have any issue . . . with the way it's categorized, Your Honor." As a result, the court …
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… Submitted January 13, 2020 – Decided Before Judges Sabatino and Sumners. On appeal from the … in question, but claimed he left the premises with a female companion before the shooting and went to another club in … him with the effective assistance of counsel in numerous ways. After duly considering these contentions and hearing …
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… Argued March 10, 2020 – Decided April 28, 2020 Before Judges Messano and Ostrer. On appeal from the Superior … 2C:25-17 to -35 (the PDVA). The judge concluded defendant committed harassment, N.J.S.A. 2C:33-4, a predicate act of … window and asked. Plaintiff refused to answer and drove away. Defendant claimed that the following day, he went to …
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… and ALLSTATE NEW JERSEY PROPERTY & CASUALTY INSURANCE COMPANY, Defendants, and UNITED SERVICES AUTOMOBILE … telephonically April 28, 2020 – Decided May 22, 2020 Before Judges Yannotti, Hoffman and Currier. On appeal from … erred by suggesting that under the policy, there is no way in which UIM coverage would ever be triggered. USAA …
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… appeal from orders dismissing their amended whistleblower complaint, in part for failure to state a claim and in part … if available or transfer to a truck that is farther away." Prime personnel met with Cook the first week in June … per diem shift structure and made further allegations of targeting and retaliation. Plaintiffs alleged Prime …