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… Submitted June 5, 2018 – Decided Before Judges Sumners and Moynihan. On appeal from Superior … motion to dismiss with prejudice plaintiff's class action complaint, which alleged violations of the Truth-in-Consumer … Simply put, the court found "[t]he violation, if there is one, is the overcharging, not the provision of a receipt." …
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… Argued February 13, 2018 – Decided Before Judges Gilson and Mayer. On appeal from Superior Court … a November 18, 2016 order dismissing with prejudice the complaint of JCMUA against NJ Transit. I. We accept the … Indeed, during oral argument on the motion, the court questioned counsel for JCMUA, and counsel acknowledged that gross …
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… Submitted March 6, 2018 - Decided Before Judges Hoffman and Mayer. On appeal from Superior Court … from the store when an unknown man entered her apartment complex behind her. The man demanded S.L. hand over her money. S.L. responded she did not have any money; at that …
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… Submitted December 14, 2017 – Decided Before Judges Rothstadt and Gooden Brown. On appeal from … distribution of the parties' mother's estate, Paul Hauke, one of the late Helen Hauke's adult children, appeals from … their mother's death in 2012 and led to their filing a complaint against Paul on October 11, 2012, alleging undue …
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… 2017 – Remanded Resubmitted February 12, 2018 - Decided Before Judges Fisher, Leone, and Vernoia. On appeal from Superior Court of New … trial court based on juror #11's testimony "concerning the communications between Patitucci and juror #11, the effect …
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… Submitted January 30, 2018 – Decided Before Judges Hoffman and Gilson. On appeal from Superior … probation, with 364 days in county jail, and fifty hours of community service. Defendant was also ordered to complete … trial counsel had passed away in 2015. Thus, the court reasoned that the State would be prejudiced by defendant's …
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… Submitted April 5, 2017 – Decided Before Judges Fuentes and Gooden Brown. On appeal from … NOT CONSTITUTE PROBABLE CAUSE TO ARREST AND SEARCH EVERYONE IN AN AUTOMOBILE. POINT II THE EVIDENCE SEIZED FROM THE … a three-year term of imprisonment for an unrelated offense committed in Cumberland County. Judge Jimenez ordered that …
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… Defendant. Argued May 15, 2018 - Decided June 13, 2018 Before Judges Hoffman and Mayer. On appeal from Superior Court … an August 9, 2016 order denying his motion to reinstate his complaint and granting a cross- motion filed by defendants … who brought the lawsuit. . . . [P]laintiff basically abandoned his lawsuit until such time as it was more convenient …
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… Submitted May 22, 2018 – Decided May 31, 2018 Before Judges Fasciale and Sumners. On appeal from Superior … waiver to object to the instruction on appeal," State v. Maloney, 216 N.J. 91, 104 (2013). Even so, we consider the … contention in Point I that the 4 A-2119-16T1 judge committed plain error by failing to define "attempt" – as to …
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… Argued May 8, 2018 – Decided May 17, 2018 Before Judges Reisner and Hoffman. On appeal from Superior … argued the cause for respondent (Kearney, Burns & Martone, PC, attorneys; Scott D. Burns, on the brief). PER … from working. Plaintiff's initial attorney failed to file a completed Case Information Statement (CIS), and apparently …
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… Submitted June 4, 2018 – Decided June 27, 2018 Before Judges Whipple and Rose. On appeal from Superior Court … 26, 2016 summary judgment dismissal of his personal injury complaint against defendant City of Camden seeking damages … toward him, causing his weapon to discharge two bullets. One bullet struck plaintiff's chest; the other hit L.D.M.'s …
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… Argued June 7, 2018 – Decided Before Judges Haas and Rothstadt. On appeal from Superior … the robbery charges Sergeant Audino was investigating were completely different from, and totally unrelated to, the … refused to let him speak to the defendant, and no one advised the defendant that his attorney was present and …
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… v. TOWNSHIP OF NEPTUNE, NEW JERSEY AMERICAN WATER COMPANY, Defendants-Respondents, and JERSEY SHORE UNIVERSITY … Submitted May 2, 2019 – Decided July 5, 2019 Before Judges Whipple and Firko. On appeal from the Superior … was responsible for connecting lines. Valve boxes, like the one plaintiff tripped over, are placed along mains, service …
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… Submitted January 29, 2019 – Decided May 16, 2019 Before Judges Suter and Geiger. On appeal from Superior Court … expectation of privacy in the gun because he abandoned it. Even if there were some expectation of privacy, the … of the public in which police ask questions and do not compel an individual to answer." State v. Rosario, 229 N.J. …
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… Argued September 21, 2018 – Decided April 15, 2019 Before Judges Simonelli and DeAlmeida. On appeal from Superior Court of New … Cardiology. The lease provides that the property is "completely assigned to" Metuchen Cardiology, which is the …
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… DIVISION DOCKET NO. A-3551-17T1 HARLEYSVILLE INSURANCE COMPANY OF NEW JERSEY, Plaintiff-Respondent, v. MEGA … Submitted March 20, 2019 – Decided April 8, 2019 Before Judges Currier and Mayer. On appeal from Superior Court … for the storage of valuables, including semi-precious stones. In March 2011, Companion was unable to unlock the safe …
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… Submitted January 25, 2019 – Decided April 5, 2019 Before Judges Whipple and DeAlmeida. On appeal from Superior … April 2, 2018 judgment of the Law Division dismissing its complaint with prejudice. We affirm. JSM runs a mobile-home … for their water consumption. In 2009, JSM sent Hall a one-year lease to renew her tenancy. That lease added …
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… Submitted July 16, 2019 – Decided July 31, 2019 Before Judges Vernoia and Mayer. NOT FOR PUBLICATION WITHOUT … Two months later, the Division filed its guardianship complaint. The trial on the Division's complaint was … not discrete and separate; they relate to and overlap with one another to provide a comprehensive standard that …
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… A-1943-13T3 A-1968-13T3 TOWNSHIP OF BERKELEY, Petitioner-Appellant, v. CENTRAL REGIONAL BOARD OF EDUCATION, … of Education of Toms River Regional School District. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Rothstadt and Sumners. 3 A-2768-12T3 On appeal from the Commissioner of Education, Agency Docket No. 348-11/09. …
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… A/S/O SEAN HOLEY, Plaintiff-Appellant, v. MERCURY INDEMNITY COMPANY OF AMERICA, Defendant-Respondent. Argued … telephonically July 10, 2017 – Decided July 31, 2017 Before Judges Simonelli and Carroll. On appeal from the Superior Court of New …