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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … the statute's plain language is therefore the starting point. Patel v. N.J. Motor Vehicle Comm'n, 200 N.J. 413, 418 … a full set-off for the payment. However, as the judge pointed out, if defendant were permitted to offset its …
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… Public Defender, of counsel and on the brief). Yolanda Ciccone, Middlesex County Prosecutor, attorney for respondent … remaining charges. This appeal followed. II. In her first point, defendant maintains the police improperly searched … home to engage in drug transactions). III. In her second point, defendant maintains that Detective Maldonado acted in …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … it would be incorrect to deduct fifteen or sixteen points from Beagin's test results (the deviation from the … A review of testimony does not indicate that at any point did the appellant's attorney ask Hayes if the industry …
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… ask the parties to sign a mediation retainer. The parties conducted no discovery and did not disclose their assets. … plaintiff was not. Cohen denied representing defendant. He pointed to the "overly generous" terms of the agreement and … and Cohen's participation in crafting the final agreement "point to the inescapable conclusion that . . . Cohen did in …
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… individually and derivatively on behalf of the OCEAN CLUB CONDOMINIUM ASSOCIATION, Plaintiff-Respondent, v. CAROL … Condominium in November 2017. In June 2018, plaintiff was appointed to fill an empty seat on the Board. The following … of a court to enforce [the contract] as written." Cypress Point Condo. Ass'n, Inc. v. Adria Towers, L.L.C., 226 N.J. …
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… Esquire and Jonathan L. Triantos, Esquire of Brown & Connery, LLP, Counsel for Defendant, Associated Management, … measured by the cost of each service contract. Plaintiff points to a new claim added in the Second Amended Complaint … the product or the service contract. Defendant properly points out that to the extent plaintiff can show an injury, …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … presents the following arguments for our consideration: POINT I THE ALJ'S FINDING WAS ARBITRARY, CAPRICIOUS AND NOT … with the Articulated Purpose of the Spill Act[.] POINT II TWO CRITICAL EVIDENTIARY ERRORS ARE EACH …
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… of placing home health aids in various settings on a contractual basis. 2. Cheryl S. Oaks and Patricia J. Flowers … timelines to respond to discovery requests, the court is empowered with discretion to allow deviation from the rules in … its complaint. A move of plaintiff’s headquarters at some point during that time or even before filing would not …
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… including an “ascertainable loss” under the New Jersey Consumer 2 Fraud Act, as a result of receiving the “health … defendant’s online application questionnaire because at no point in the application process is the prospective … (which is “linked” to the online application) explicitly point out that Medicare recipients are not eligible for the …
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… Plaintiffs-Appellants, v. MICHAEL J. WRIGHT CONSTRUCTION COMPANY, INC., Third-Party Defendant. … the interests of justice[.]" 5 As contained in a fourth point heading, defendants argue that a nearly one-year delay … or that it was her intention to expand the business to the point where they would be needed. The judge also found that …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … court's May 16, 2023 order denying his petition for postconviction relief ("PCR") following an evidentiary hearing. … On appeal, defendant argues in his brief as follows: POINT I THE DEFENDANT ESTABLISHED THAT HE EXPRESSLY …
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… from a March 24, 2023 Special Civil Part order, denying reconsideration of a December 23, 2022 order that dismissed … APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … and plaintiff paid the initial $2,362.50 deposit. At some point thereafter, a dispute arose concerning the permits for …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … the judge found defendant was "not entitled to appointment of counsel" on his motion because defendant … papers." On appeal defendant raises the following argument: POINT I THE [TRIAL] COURT ERRED IN SUMMARILY DENYING …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … hearing as the basis for its appeal. On appeal, defendant contends: it has no liability for damage to plaintiff's car … when its judgment was never called into exercise, and the point of law was never taken into consideration, but was …
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… v. NATIONAL PAYMENT SYSTEMS, INC., d/b/a CONCORD PAYMENT SYSTEMS, Defendants-Respondents. … APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … by the entirety. Before us, plaintiff argues a single point: BECAUSE [HIS WIFE] DID NOT CONSENT, THE JUDGMENT IS …
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… Submitted November 1, 2018 – Decided Before Judges O'Connor and Whipple. On appeal from Superior Court of New … APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … for showing a meritorious defense is that there is no point in setting aside a default judgment if the ultimate …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … if the actor's license was suspended or revoked for a second or subsequent violation of [N.J.S.A. 39:4-50] or … other monetary penalties. He appeals, arguing in a single point: THE JUDGE DEPRIVED DEFENDANT OF HIS RIGHTS TO PRESENT …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … The judge determined that a plenary hearing was required to consider whether circumstances had changed and, if so, to … or simply lacked support. For example, the judge pointed out that Michael relied on what he claimed were …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … to the November 16, 2017 counsel fee decision. As the judge pointed out, that date was not an opportunity for further … mother by denying plaintiff parenting time. The judge appointed a mediator and a parenting time supervisor to …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … A. Hector's claim for specific performance of a real estate contract and rider. After reviewing the record in light of … Super. 501, 507 (App. Div. 1997). His arguments on this point warrant no further discussion. R. 2:11- 3(e)(1)(E). …