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… LLC, Plaintiffs-Appellants, v. ZURICH AMERICAN INSURANCE COMPANY, Defendant-Respondent. _________________________ … Argued January 25, 2023 – Decided February 12, 2024 Before Judges Accurso, Vernoia and Natali. On appeal from the … could certainly be used and inhabited, just not in the way the business[] would have liked"). Applying what we …
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… hearing. 5 A-1513-21 and two passengers, then pulled away from the parking space without signaling. Leahy … he ordered Griffeth stop the BMW and expected Griffeth to comply. Leahy's report confirmed that he had "transmitted … be "based on 'specific and articulable facts which, taken together with rational inferences from those facts,' give rise …
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… by the homeowners' association of a private residential community in the Township of Toms River (Township). … Plaintiffs own property commonly known as 30 East Spray Way, in the Township (the Property). The Property is in the … answers to interrogatories and admissions on file, together with the affidavits, if 4 At our request the parties …
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… Argued January 14, 2019 – Decided February 5, 2019 Before Judges Sabatino and Mitterhoff. On appeal from Superior … PER CURIAM This matter arises from the development of a commercial park in Lakewood, New Jersey. Respondent RD … and the traffic in the rear of the hotel will be one way. The Board approved the application by a unanimous vote. …
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… LLC, d/b/a PINNACLE RISK SOLUTIONS, also d/b/a PINNACLE COMPANIES, Defendant-Respondent/ Cross-Appellant. … Argued May 1, 2019 – Decided July 15, 2019 Before Judges Accurso, Vernoia and Moynihan. On appeal from … orders, and not its reasoning, Do-Wop Corp. v. City of Rahway, 168 N.J. 191, 199 (2001), but that does not excuse the …
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… GROUP, LLC, PRC GROUP, JEWEL CONTRACTING, INC., EDWARDS & COMPANY, EAST COAST CONSTRUCTION SERVICES, CORP., BP ROOF … Therefore, he stated he grouped all of the defects together as "original construction defects." Nevertheless, … was no material factual dispute sufficient to stand in the way of summary judgment. Plaintiff argues that Judge O'Brien …
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… the police vehicle approached, one of the males walked away quickly. Although that caught the officers' attention, … who walked away. Detective Knox testified that it is common for individuals to sit on other persons' property to … is based on specific and articulable facts which, taken together with rational inferences from those facts, give rise …
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… Submitted March 23, 2020 – Decided April 13, 2020 Before Judges Sabatino and Geiger. NOT FOR PUBLICATION WITHOUT … (Natalie), from the litigation because a guardianship complaint was filed; and the underlying June 21, 2017 order … to her probation officer. In response, Natalie ran away from home. Natalie's godmother, D.Z. (Dana), and her …
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… County of Passaic, and Advoserv. She also made claims of common law negligent training and supervision, false 3 … Morillo v. Torres, 222 N.J. 104, 116 (2015)). Said another way, "a law enforcement officer can defend such a claim by … "[p]laintiff's [c]omplaint is dismissed with prejudice," together with its written decision that claims against the …
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… Submitted April 28, 2021 – Decided May 21, 2021 Before Judges Alvarez and Geiger. On appeal from the Superior … been received by defense counsel. Since discovery was forthcoming, the municipal court judge (MCJ) scheduled a status … incredible based on "his body language[,] demeanor, the way he testified, [and] the information he" provided. The …
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… Submitted April 27, 2021 – Decided May 18, 2021 Before Judges Haas and Natali. On appeal from the Superior … report, Thompson indicated he heard a "metal popping" sound coming from defendant's car, which was "indicative of a … come up from the basement. When defendant entered the stairway, he was off balance, staggering, and his pants were …
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… Submitted April 26, 2021 – Decided July 29, 2021 Before Judges Mayer and Susswein. On appeal from the Superior … Protection and Permanency (the Division) filed a verified complaint and order to show cause (OTSC) for custody of J.H. … not in evidence" or to "things that never happened." By way of example, defendant contends the Division in its …
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… Properties, LLC, summary judgment dismissing plaintiff's complaint. Based on our review of the record, we conclude … lien against the property for the labor and materials together with the deposit.3 The lien was recorded on May 7, … . . . (2) where a plaintiff has 'in some extraordinary way' been prevented from asserting his rights [and] . . . …
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… Union and two (2) employees representing the Township shall comprise the safety and health committee. The Township 3 … substantive arbitrability has been explained this way: When one party claims that a given dispute is … Freight, Inc. v. Loc. Union No. 560, Int'l Brotherhood of Teamsters, 49 N.J. 83, 96 (1976)). A contrary reading of …
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… and Rothstadt. On appeal from the New Jersey Civil Service Commission, Docket No. 2020-1017, and the Superior NOT FOR … agency] has acted, further review may be sought by way of appeal to the Appellate Division pursuant to R[ule] … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …
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… On appeal from the New Jersey Public Employment Relations Commission, PERC No. 2021-50. Eric M. Bernstein & … Article IX nor Article X address FMLA or NJFLA leave in any way. A-2786-20 4 8. On December 6, 2018, during negotiations … which provides: If it appears from the pleadings, together with the briefs, affidavits and other documents …
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… Submitted May 16, 2022 – Decided June 7, 2022 Before Judges Mayer and Natali. On appeal from the Superior … with the sale of a unit at a two- unit condominium complex. 3 A-3069-20 The Association's members are the … all legal fees and costs of suit incurred by [Shore] in any way related to this matter shall be paid by [McNamara]." In …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … He also found defendant's right to a fair trial was not compromised as there was overwhelming evidence of guilt, the … appearances of impropriety must be paramount. Judges must always "refrain . . . from sitting in any causes where their …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … On appeal from the New Jersey Public Employment Relations Commission, Docket Nos. SN-2017-047 and SN-2017-056. Steven … Legislature intended something other than that expressed by way of the plain language.'" Ibid. (quoting Marino v. …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … the inmate possessed drugs; the department's regulation compelling routine confirmatory tests of drug specimens; and … credible evidence in the record as a whole." Henry v. Rahway State Prison, 81 N.J. 571, 579-80 (1980). In determining …