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njcourts.gov
… Argued March 6, 2019 – Decided March 29, 2019 Before Judges Nugent and Reisner. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2016-2674 and 2018-1674. Victoria A. … denied Fiscella's request for reconsideration but ultimately awarded him fifty percent of his counsel fees for …
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njcourts.gov
… was not liable for damages arising out of sexual abuse committed against John Doe by one of the District's former … Dr. Dragan versus Dr. Shakeshaft and, you know, the jury ultimately agreed with Dr. Dragan and did not agree with Dr. … evidence was in conflict and witnesses' testimony was not always entirely consistent." Iacano v. St. Peter's Med. Ctr., …
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njcourts.gov
… 2016, which affirmed the Board's action and dismissed the complaint. Plaintiff Jeffrey J. Carr appeals from the trial … from the lease would contribute to the Church's budget. Members of the public were permitted to comment, and … of the process[,] which would have certainly rendered the ultimate decision of the Board to be arbitrary, capricious …
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njcourts.gov
… Submitted December 19, 2017 – Decided Before Judges Carroll and Mawla. On appeal from Superior Court … Defendant returned and was asked by detectives to accompany them to the station for questioning. Defendant … and mitigating factors, applied them to the facts, and ultimately determined to order the sentence suggested by the …
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njcourts.gov
… on plaintiff, but the pain did not subside, which ultimately led to the removal of the right testicle. … In January 2012, plaintiff was treated by Dr. John Galloway at Emory University Medical Center. Dr. Galloway … the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … governed by the Act, which provides: After the filing of a complaint or third-party complaint or the service of a … (4), and (8). "The application of these factors and the ultimate decision to award counsel fees rests within the …
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njcourts.gov
… and Firko. On appeal from the New Jersey Civil Service Commission, Docket No. 2015-2238. Donald C. Barbati argued … informal written decisions, or reasons given for the ultimate conclusion." (quoting Do-Wop Corp. v. City of Rahway, 168 N.J. 191, 199 (2001))). We have not considered the …
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njcourts.gov
… Submitted September 13, 2021 – Decided September 17, 2021 Before Judges Sumners and Vernoia. On appeal from the Superior … of his alimony obligation based on a reduction of his income following his retirement. The Family Part granted the … Id. at 13. We did not "express an opinion regarding the ultimate [alimony] award, leaving that determination to the …
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njcourts.gov
… We review de novo a ruling on a motion to dismiss a complaint for failure to state a claim under Rule 4:6-2(e), … in opposition to her cross-motion their "conversations always revolved around the fact that [he] could never own a … met that obligation. We express no opinion about the ultimate merits of Jessica's claims. We hold only that the …
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njcourts.gov
… Submitted May 17, 2021 – Decided June 4, 2021 Before Judges Gooden Brown and DeAlmeida. On appeal from the … a jury in Tennessee of assault and battery with intent to commit rape and burglary. He was sentenced to ten to twelve … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Id. at 355 (quoting R. …
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njcourts.gov
… Argued December 12, 2018 – Decided January 14, 2019 Before Judges Accurso and Vernoia. On appeal from Superior … initials "DZ" on a Miranda form. The first officer used a computer to fingerprint defendant and inputted the prints in … demonstrate the reasonable likelihood that his claim will ultimately succeed on the merits under the two-pronged test …
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njcourts.gov
… Additionally, the MSA addressed equitable distribution, and ultimately, plaintiff received $1,714,148.24 as her share of … '[t]he duties of former spouses regarding alimony are always subject to review or modification by our courts based … For these reasons, the motion judge was not required to revisit and recalculate the college obligation anew and did …
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njcourts.gov
… ASSISTANCE AND HEALTH SERVICES and UNITED HEALTHCARE COMMUNITY PLAN, Respondents-Respondents. … Argued January 7, 2019 – Decided February 4, 2019 Before Judges Fasciale and Gooden Brown. On appeal from the … at 195 (quoting In re Herrmann, 192 N.J. 19, 28 (2007)). Ultimately, the party challenging an agency's action bears …
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njcourts.gov
… Argued September 18, 2018 – Decided October 3, 2018 Before Judges Hoffman, Suter and Geiger. On appeal from … FOP grieved the elimination of the benefit. The dispute was ultimately submitted to binding arbitration through the … its submission, claiming the email was "an attorney/client communication which clearly was intended for attorney/client …
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njcourts.gov
… ORDINANCES. Argued December 21, 2016 – Decided Before Judges Alvarez and Manahan.1 On appeal from the … Group, a consortium of approximately 270 municipalities combined with thirty-five other individual municipalities … represented builders in litigation against municipalities. Ultimately, the judge decided that the draft report …
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njcourts.gov
… those rules from the day we bought the trampoline. It's always a supervised situation." Winner imposed these rules … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … considerations." Id. at 89. "[W]hether a duty exists is ultimately a question of fairness." Hopkins v. Fox & Lazo …
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njcourts.gov
… minor. Argued October 1, 2018 – Decided November 15, 2018 Before Judges Fasciale, Gooden Brown and Rose. On appeal from … in Judge Linda Lordi Cavanaugh's written opinion that accompanied the order. I. The allegations of abuse and neglect … both experts credible and well-versed in their fields, she ultimately rejected Dr. Johnson's opinion that defendant did …
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njcourts.gov
… v. EDWARD CRUZ and E.E. CRUZ & COMPANY, INC., Third-Party Defendants-Respondents. Argued … to discharge the mortgage throughout the entire litigation. Ultimately, the judge made certain reductions to the … the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the …
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njcourts.gov
… answers to interrogatories and admissions on file, together with the 3 Plaintiff uses the phrase "exceptional … 164 N.J. 11 A-2134-16T4 at 118-19. "The first task is always to determine when the claim accrued. The discovery rule … question of [w]hether [defendant] was a State employee was ultimately resolved" and that "the complaint is not notice …
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njcourts.gov
… her brother entered defendant's car. As defendant drove away from the market, he told S.D. that he needed to stop at … S.D. understood was defendant's home, she and her brother accompanied defendant to the front door, where they were let … of discharging their function as fact finders on the ultimate issue of guilt or innocence." Hampton, supra, 61 …