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… cart, at which time he slipped and fell.. Plaintiff's complaint alleged he was injured after slipping in … stated he returned home after he fell due to pain and revisited the parking lot to investigate the next day. During … in a different area. Plaintiff's liability expert similarly 8 A-0439-24 failed to pinpoint any specific …
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… Judges Mayer and Vanek. On appeal from the New Jersey Commissioner of Education, Docket No. 221-7/24. Murphy … J. Platkin, Attorney General, attorney for respondent Commissioner of Education (Luke D. NOT FOR PUBLICATION … additional notice directly to Adeyin. Because the Board points to no disputed facts regarding its non- compliance …
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… defendant's PCR petition for the reasons set forth in his comprehensive oral opinion. The judge considered each of the … his plea was entered. See Marshall, 148 N.J. at 158. Similarly, we discern no error in the judge's rejection of … how the mitigating factors applied with reference to competent, credible evidence in the record. To the extent …
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… the reasons stated in Judge Christopher Kazlau's lucid and comprehensive written opinion. We remand, however, for the … on defendant's judgment of conviction (JOC). I. We are familiar with this matter because we affirmed defendant's … was no evidence these strategies prejudiced defendant. Similarly, the presentation of alternative theories or nuanced …
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… order denying its motion to dismiss plaintiff Todd Jones's complaint for failure to comply with the Affidavit of Merit (AOM) requirement under … who worked for the named defendant.'" Hargett v. Hamilton Park OPCO, LLC, 477 N.J. Super. 390, 396 (App. Div. …
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… the occupants to put their hands on their laps and they complied. Freeman testified he did not look under the car … Sturmfels returned to the Charger and recovered a nine-millimeter gun from beneath it. Officers patted down the … by the motion court . . . ."). The statute contains similar language requiring a defendant to "reasonably assert …
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… those threats were removed and defendant could have then complained, but did not. As a result, defendant must do what … based on equitable fraud is for the trial judge alone.) Similarly, an affirmative defense of mistake is an equitable … the party’s will was overborne. Was the method employed by Miller sufficient under all the facts and circumstances to …
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… My Way Deli (Cicchetti) summary judgment and dismissing his complaint. We affirm. I. On November 7, 2022, plaintiff filed a complaint in the Superior Court of New Jersey. He alleged … in lieu of filing an answer, Cicchetti moved to dismiss the complaint under Rule 4:6-2(e). Cicchetti argued plaintiff …
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… GARAGE, Plaintiffs-Appellants, v. MAYOR and TOWNSHIP COMMITTEE OF BRICK, NEW JERSEY, Defendants-Respondents. … after a remand to the Law Division. Aulert v. Mayor & Twp. Committee of Brick, No. A-0426-18 (App. Div. Dec. 4, 2019). … go further. Let's say you have a car that's got a lot of miles, it needs an engine, a transmission, tires and so on, …
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… water tower located in Flanders. In 2022, plaintiff filed a complaint, which he amended four times, alleging that the … listed as a liability in the agreement. Plaintiff's initial complaint alleged claims against defendants Michael Zyndorf … On July 14, 2023, the Niece defendants moved to dismiss the complaint for lack of personal jurisdiction. On August 15, …
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… * NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY Kathi F. … NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS Opinion corrected October 11, 2017 - … with respect to defendant’s motion to dismiss plaintiff’s complaint for failure to provide income and expense data …
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… -1- NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS Corrected October 2, 2018-Pg. 1 … dealing with Consumer Home Equity Fees, Res[sic] 1-4 Family Fees, Sale of Forward Mortgages and Foreclosed … inquired as to whether it was sent via certified mail, similar to the notices sent by other states. This was followed …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … HON. EDWARD A. JEREJIAN, P.J.Ch. This matter comes before the Court upon application of Reeve & Van … material to the controversy is without merit. Defendant similarly argues that the arbitration award should be vacated …
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… May 31, 2012 A-0019-10T2 2 from his employment. He filed a complaint seeking compensatory and punitive damages and … worked with Swann. Each of Massaro's supervisors voiced similar opinions about his work performance. Jesupaul … initiative to do that . . . . A-0019-10T2 5 Steinthal similarly observed that Massaro's job title called for him to …
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… robbery and the second-degree offenses of conspiracy to commit robbery, unlawful possession of a handgun, possession … identifications, a topic the expert was admittedly more familiar with.” (slip op. at 31). “As a result, the expert’s … it was defendant’s voice she heard”—based on her familiarity with defendant and without prompting by police …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY MORRIS … because laches cannot be used to bar an action at law commenced within the statute of limitations. Fox v. Millman, 210 N.J. 401 (2012). All of Plaintiff’s claims, …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY LAW … a variety of consumer products. Of the approximately $40 million in revenue that Defendant claims to have generated … 2013, it estimates that 40-45% of that revenue, or $16-$18 million, is attributable to Defendant’s sales of Samsung …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY MIDDLESEX … conclusion. APPROVED FOR PUBLICATION November 5, 2018 COMMITTEE ON OPINIONS 2 I. Background Rutgers University … when a municipal court enters a pretrial order dismissing a complaint. R. 3:24(b). On appeal, both legal and factual …
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… old Lauren Klimko was injured when she fell from her family's pool ladder and hit her armpit on the ladder's safety … the manufacturer of the ladder, asserted a defense of comparative negligence and filed a counterclaim against … to properly secure the ladder if a problem developed. Similarly, Lauren was aware of the safety requirement …
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… an order dated March 19, 2010, denying leave to amend their complaint pursuant to Rule 4:9-1; an order dated July 9, 2010, dismissing their complaint (except as to plaintiff Nieves) pursuant to Rule … would prove to be futile and unduly prejudice defendants. Similarly, as to Nieves's CEPA claim, we agree that no …