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… Submitted February 12, 2020 – Decided Before Judges Whipple and Mawla. On appeal from the Superior … the school district. Both parents signed documents which recommended that, based on the child's academic needs and the … evidence because the reports essentially create an issue of fact with regards to the child's best interest such that a …
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… DIVISION DOCKET NO. A-2951-18T2 CRESTWOOD VILLAGE 5 COMMUNITY ASSOCIATION, INC., Plaintiff-Respondent, v. RAKESH … Submitted January 28, 2020 – Decided March 16, 2020 Before Judges Yannotti and Currier. 1 In its complaint, … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …
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… VENTURES, LLC, SOLOMON MERMELSTEIN, and ACTIVE REALTY COMPANY PROFIT SHARING PLAN, Defendants-Respondents, and SEYMORE RUBIN, KNIGHTS ABSTRACT, INC., TRIDENT LAND NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … During the oral ruling, the court made findings of fact regarding substantive issues in the case. He determined …
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… Submitted May 11, 2020 – Decided June 22, 2020 Before Judges Messano and Ostrer. On appeal from the Superior … Yew appeals from an order dismissing with prejudice his complaint that Inservco Insurance Services, Inc., the … not have been dismissed because he alleged sufficient facts to support his claims; the court erred by dismissing …
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… Submitted June 2, 2020 – Decided July 14, 2020 Before Judges Fisher and Gilson. On appeal from the New Jersey Civil Service Commission, Docket No. 2019-253. Caruso Smith Picini PC, … he was on leave; and, alternatively, (2) there are disputed facts concerning the City's reasons for the bypass and the …
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… Submitted February 1, 2021 – Decided June 15, 2021 Before Judges Suter and Smith. On appeal from the Superior … of the negotiated plea agreement, the State agreed to recommend defendant be sentenced on the indictable charge to … Fritz, 105 N.J. 42, 61 (2004). We defer to a trial court's factual findings made after an evidentiary hearing on a …
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… Submitted December 19, 2019 – Decided Before Judges Alvarez and Suter. On appeal from the Superior … trial court did not abuse its discretion in concluding the facts of the case presented no rational basis to include a … vehicle on Broad Street in Elizabeth when he "observed a commotion on the sidewalk to the right of the bus stop …
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… Submitted October 16, 2019 – Decided Before Judges Yannotti and Hoffman. On appeal from the … We affirm. I We begin with a summary of the relevant facts established at defendant's trial, as set forth in our … accident. He "dialed 911 and asked for an ambulance to come to [his] address." Defendant's trial counsel declined …
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… November 4, 2019 – Decided November 19, 2019 Before Judges Koblitz, Whipple, and Mawla. On appeal from the … Antonelli.1 We affirm. In 2013, the parties entered into a commercial lease agreement for units in defendant's building … a pleading: whether a cause of action is "suggested" by the facts.'" Gonzalez v. State Apportionment Comm'n, 428 N.J. …
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… Submitted May 23, 2022 – Decided July 12, 2022 Before Judges Messano and Accurso. On appeal from the Superior … for an unlawful purpose, N.J.S.A. 2C:39-4(a).1 The State recommended the judge impose concurrent sentences aggregating … filed a supplemental certification that challenged facts alleged by police in their reports and in the …
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… Submitted December 14, 2021 – Decided December 29, 2021 Before Judges Rothstadt and Mayer. On appeal from the Superior … (CIA or Act), N.J.S.A. 2A:53-7 to -11, and dismissing her complaint with prejudice. We affirm. Defendant is organized … conduct precluding immunity under the Act. We summarize the facts. On February 9, 2019, plaintiff fell and suffered …
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… Submitted December 2, 2021 – Decided December 10, 2021 Before Judges Alvarez, Haas, and Mawla. On appeal from the … for reconsideration. We affirm. We glean the following facts from the record. On October 24, 2019, plaintiff … stated defendant sent $100,000 on behalf of Cash Flow to a company in China, care of a client of Cash Flow. The August …
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… Submitted February 3, 2022 – Decided May 13, 2022 Before Judges Mawla and Mitterhoff. On appeal from the … to Rule 4:21A-6(b)(3). We affirm. We discern the following facts from the record. On or about April 25, 2015, … did not settle. On January 20, 2017, plaintiffs filed a complaint against defendants alleging: 1) breach of …
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… Submitted May 5, 2022 – Decided May 13, 2022 Before Judges Haas and Mawla. On appeal from the Superior … On February 5, pursuant to his Megan's Law obligations, he completed his annual verification and registration … understandable language setting forth all . . . critical facts and . . . essential elements' of the alleged offenses …
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… Submitted April 25, 2022 – Decided May 5, 2022 Before Judges Rose and Enright. On appeal from the Superior … against PCR counsel with a sworn statement "alleg[ing] facts sufficient to demonstrate counsel's alleged … ineffective, the Supreme Court has stated: PCR counsel must communicate with the client, investigate the claims urged by …
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… Submitted April 20, 2021 – Decided May 7, 2021 Before Judges Fisher and Gummer. On appeal from the Superior … economic issues. Because we must defer to the trial judge's factual findings, we conclude that Stacey's arguments have … Lacking the Essential "Meeting of the Minds" Component. II. THE MEDIATOR'S NOTES ARE NOT ENFORCEABLE AS A …
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… Argued April 22, 2020 – Decided April 30, 2021 Before Judges Fuentes, Mayer and Enright. On appeal from the … motions for summary judgment and dismissed plaintiff's complaint based on his inability to describe what caused him … answers to interrogatories and admissions on file, together with affidavits, if any, show that there is no …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … A CONSCIOUS INTENTION TO DO SO. II. THE MUNICIPAL COURT COMMITTED REVERSIBLE ERROR BY FAILING TO DISQUALIFY [THE … the following reasons. The main issue concerns whether the factual record supported the Law Division judge's …
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… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON … motions contains more detailed of the underlying facts and circumstances. See Harris v. Harris, 2024 N.J. …
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… by plaintiff (and/or to plaintiff’s property). It is for you the members of the jury to determine whether the … which results in material interference with the ordinary comfort of human existence, i.e ., annoyance, inconvenience, … negligence may be asserted as a defense. “The operative facts rather than the label should control and the result …