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… and the two responding officers. The judge found defendant committed the predicate acts of simple assault, N.J.S.A. … on November 22, 2021, she and defendant were in her car together when he became "enraged," drove dangerously, … unsupported or inconsistent with the evidence in such a way that the interests of justice were offended. Rather, the …
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… and was primarily used to ensure the children were completing their homework. Although the victim had never … residence: one in the victim's bedroom and one in the hallway, which is shared by the entire house. The hallway 3 … as follows: "The statute that I will read to you, read together with the indictment, identifies the elements which …
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… Argued January 8, 2025 – Decided February 18, 2025 Before Judges Rose, DeAlmeida and Puglisi. On appeal from the … order granting defendant Wells Fargo Bank, N.A.'s motion to compel arbitration and stay the proceedings. We reverse.1 I. … 444. If, "at least in some general and sufficiently broad way," the language of the clause conveys that arbitration is …
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… RONALD SHEA, Petitioner-Appellant, v. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … evidence" and question what proofs are required to overcome the "presumption" that properly addressed mail arrived … (quoting Herrmann, 192 N.J. at 27-28). Yet, "we are 'in no way bound by an agency's interpretation of a statute or its …
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… Argued January 7, 2025 – Decided January 27, 2025 Before Judges Susswein and Perez Friscia. On appeal from an … and defendant's person, because he believed defendant had committed CDS-related criminal offenses. The detective … first floor of the Suydam Street house and "any porch, hallway, laundry room, basement, garage, or other area where …
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… Argued December 17, 2024 – Decided January 31, 2025 Before Judges Smith and Vanek. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2023-1734 and 2024-189. Daniel J. … 1993), aff'd, 135 N.J. 306 (1994)). However, "we are in no way bound by the agency's interpretation of a statute or its …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS LANDCOR HOLDINGS, L.P., Plaintiff, vs. … would lead to a duplication of time, costs, and efforts. Plaintiff asserts that amounts received by Individual … to be unduly complex or confusing. Eschle v. E. Freight Ways, Inc., 128 N.J. Super. 299 (Law Div. 1974); Fuschetti …
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… Plaintiff-Appellant, v. ATRIUM POST ACUTE CARE AT WAYNEVIEW, 2020 ROUTE 23 OPERATING COMPANY LLC, d/b/a ATRIUM POST ACUTE CARE OF WAYNEVIEW, KBWB … Argued February 14, 2023 – Decided May 15, 2023 Before Judges Susswein and Fisher. On appeal from the Superior …
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… from an interlocutory order of the Division of Workers' Compensation, Department of Labor and Workforce Development, … issue at trial and "[t]here is no plausible, practical way to have the employee testify related to truthfulness … the testimony of the petitioner and other witnesses, together with any stipulation of the parties, and after such …
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… Submitted October 2, 2024 – Decided October 17, 2024 Before Judges Mayer and Rose. On appeal from an interlocutory … battery. While doing so, a shopping bag fell from the same compartment, which appeared to contain a handgun. Police … constitutional and enforceable." Id. at 511. Stated another way, the other provisions of N.J.S.A. 2C:58-4 were not …
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… LLC, Petitioner-Appellant, v. NEW JERSEY MOTOR VEHICLE COMMISSON, Respondent-Respondent. … Submitted September 12, 2023 – Decided October 11, 2023 Before Judges Enright and Paganelli. On appeal from the New … Div. 2001) (citations omitted). Further, "we are 'in no way bound by [an] agency's interpretation of a statute or …
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… Argued November 30, 2022 – Decided November 15, 2023 Before Judges Gooden Brown and DeAlmeida. On appeal from the New Jersey Civil Service Commission, Docket No. 2021-822. Robert K. Chewning argued … Ctr., 127 N.J. 500, 513 (1992). However, we are "in no way bound by the agency's interpretation of a statute or its …
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… OF THE BOROUGH OF SADDLE RIVER and THE MICHAELS DEVELOPMENT COMPANY I, LP, Defendants-Respondents. … Argued June 5, 2024 – Decided August 14, 2024 Before Judges Vernoia and Walcott-Henderson. On appeal from … the relocation of the backup generator and vent pipe away from his property line, sediment control, traffic flow, …
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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 … upon the particular circumstances of a given case." 700 Highway 33 LLC v. Pollio, 421 N.J. Super. 231, 236 (App. Div. …
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… ________________________________ FRANKIE JEROME, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … to dismiss with prejudice those counts of plaintiffs' complaints asserting claims for vicarious liability arising … beyond anything authorized by the District and not in any way actuated by a purpose to serve her employer. See Davis …
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… Argued October 9, 2024 – Decided October 21, 2024 Before Judges Mayer and Rose. On appeal from the Superior … same day as the accident, plaintiff went to the hospital complaining of pain in her chest, arm, and back. At the … 414 N.J. Super. 274, 289 (App. Div. 2010). "Said another way, a litigant must initially demonstrate that the [c]ourt …
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… NO. A-2353-22 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY … MERS as nominee for NCMC, assigned the note to plaintiff by way of a corrective assignment of mortgage. The assignment … 2018, plaintiff, as trustee for RASC, filed a foreclosure complaint. Plaintiff hired a process server to serve …
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… DIVISION DOCKET NO. A-5474-16T1 RICHARD J. BADOLATO, COMMISSIONER OF THE NEW JERSEY DEPARTMENT OF BANKING AND … an admission of any wrongdoing, but merely an economical way to resolve litigation, or (3) no statement." The written … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …
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… Argued May 21, 2019 – Decided July 18, 2019 Before Judges Rothstadt and Natali. On appeal from the … to plaintiff was improper because it "over-imputed income" to defendant and "under-imputed income" to plaintiff; … business," which the judge found "to be not credible in any way, shape, or form." Defendant appeared to have never filed …
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… Finkelstein argued the cause for appellant. Jeffrey D. Padgett, Deputy Attorney General, argued the cause for … Petitioner retired in July 2013 after twenty-eight years of combined service as a teacher and superintendent. The Board … whole." Ibid. (alteration in original) (quoting Henry v. Rahway State Prison, 81 N.J. 571, 579- 80 (1980)). Here, the …