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… Argued December 5, 2023 – Decided January 3, 2024 Before Judges Whipple, Mayer and Paganelli. On appeal from the … individuals and corporations. Plaintiffs amended their complaint to add Cornucopia as a defendant, clarifying its … to fix the hours of business, we cannot lose sight of the fact that this lot was located in a high[-]crime area and …
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… Submitted May 21, 2024 – Decided June 4, 2024 Before Judges Enright and Paganelli. On appeal from the Board … to repay the benefits she received. We affirm. We glean the facts and procedural history from the record. In September … the evidence presented indicate[d] [Finkel]'s fear of becoming ill with the virus/fear of 5 A-2976-22 transmitting …
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… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON … motions requires the motion judge to (1) accept as true all factual assertions in the complaint, (2) accord to the …
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… Argued November 13, 2023 – Decided December 4, 2023 Before Judges Mawla and Vinci. NOT FOR PUBLICATION WITHOUT THE … Owen J. Lipnick, on the brief). PER CURIAM In this commercial foreclosure action, appellant Simon Zarour … applicable principles of law, we affirm. We summarize the facts developed in the record. On April 29, 2008, Zarour …
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… Submitted December 18, 2024 – Decided January 8, 2025 Before Judges Mayer and Rose. On appeal from the Superior … & Associates, P.C. appeals from a January 5, 2024 order compelling it to provide discovery to defendant J. Rapaport … "if . . . complete discovery was not, in 5 A-2459-23 fact, served upon [defendant]." After concluding defendant …
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… Submitted January 18, 2024 – Decided June 25, 2024 Before Judges Accurso and Gummer. On appeal from the Superior … judgment in favor of defendants and dismissed plaintiff's complaint with prejudice. Plaintiff argues the court erred … concerning the preparation of the will. Because the court's factual and credibility findings were based on substantial …
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… Submitted December 7, 2022 – Decided September 22, 2023 Before Judges Accurso and Natali. NOT FOR PUBLICATION WITHOUT … from the Family Part's April 8, 2020 order entered after a fact-finding trial that he abused and neglected his … the hearsay statements of non-party children without comment. See, 5 A-0503-21 interview defendant as she had …
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… Submitted September 26, 2023 – Decided October 13, 2023 Before Judges Gilson and Berdote Byrne. On appeal from the … Rockland and Farhana owned the other 58%; Azam handled the company's finances. Before this litigation, the parties had … alleged Azam lied or deliberately concealed material facts when Azam testified he personally loaned all $1.9 …
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… Submitted July 9, 2024 – Decided July 15, 2024 Before Judges Natali and Paganelli. On appeal from the … to dismiss the remaining counts of both indictments and recommend a twelve-year custodial term with a … and weighing the applicable aggravating and mitigating factors, the court sentenced defendant largely consistent …
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… Argued April 24, 2024 – Decided May 16, 2024 Before Judges Vernoia and Walcott-Henderson. On appeal from … We disagree and affirm. I. We discern the pertinent facts from the summary judgment record, viewing them in the … against the patron and the restaurant. Defendants filed a complaint on plaintiff's behalf against the restaurant and …
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… Submitted September 17, 2024 – Decided October 21, 2024 Before Judges Gilson and Bishop-Thompson. On appeal from the … 16-04-1216. Jennifer N. Sellitti, Public Defender, attorney for appellant (John J. Bannan, Designated Counsel, on the … OF COUNSEL AND BECAUSE THERE ARE GENUINE ISSUES OF MATERIAL FACTS IN DISPUTE, THE PCR COURT ERRED IN DENYING AN …
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… Argued October 1, 2018 – Decided October 22, 2018 Before Judges Gooden Brown and Rose. On appeal from Superior … 11 and March 28, 2017, essentially dismissing plaintiffs' complaint on comity grounds. The January 11, 2017 order … JOMMS acknowledged in the complaint that Legend had, in fact, made loans to JOMMS amounting to "approximately …
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… Argued June 4, 2019 – Decided June 26, 2019 Before Judges Fasciale and Rose. On appeal from the Superior … R. 1:36-3. 2 A-4945-17T4 This appeal arises out of a complaint filed by plaintiff NJHR5, LLC, seeking to quiet … record demonstrates "no genuine issue as to any material fact challenged and . . . the moving party is entitled to a …
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… Argued May 21, 2019 – Decided June 11, 2019 Before Judges Geiger and Enright. On appeal from Superior … because they had signed an "Energy Star Certificate of Completion" form when ESM had concluded its work. That form … demonstrate "there is no genuine issue as to any material fact challenged[.]" Brill v. Guardian Life Ins. Co. of Am., …
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… Argued September 20, 2018 – Decided October 2, 2018 Before Judges Fuentes, Accurso and Vernoia. On appeal from … prepare his case with his counsel; counsel did not obtain a complete copy of the discovery materials; counsel "failed to … de novo standard of review applies to mixed questions of fact and law. Id. at 420. Where, as here, an evidentiary …
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… DIVISION DOCKET NO. A-2404-15T5 IN THE MATTER OF THE CIVIL COMMITMENT OF E.B. – SVP-724-15. … Submitted October 10, 2017 – Decided Before Judges Accurso and O'Connor. On appeal from Superior … I don't think it was his intent to fail . . . . So the fact [he] did not end up, that we know of, having contact, I …
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… Argued May 24, 2017 – Decided Before Judges Simonelli, Gooden Brown and Farrington. On … to dismiss for failure to serve an affidavit of merit in compliance with the Affidavit of Merit (AOM) statute, … TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the …
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… Argued May 17, 2017 – Decided July 12, 2017 Before Judges Alvarez and Accurso. On appeal from Superior … McKenney testified that as they drove north, he saw a man "coming from the back of the Brooklawn Diner towards a … warrantless arrests. 6 A-0178-16T2 Applying that law to the facts, Judge Schuck concluded the officers initial stop of …
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… Submitted May 9, 2017 – Decided Before Judges Ostrer and Leone. On appeal from Superior Court … hearing. We affirm. I. Defendant testified to the following facts at his July 23, 2013 plea colloquy. Around 4:00 a.m. … broken arm which required permanent plates and screws. Her companion received injuries on both of his hands, his left …
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… Submitted January 31, 2017 – Decided Before Judges Ostrer and Leone. On appeal from Superior Court … R.1:36-3. April 3, 2017 2 A-5123-14T4 I. The following facts are contained in the transcripts and the April 2, 2015 … In exchange for defendant's guilty plea, the State recommended a ten-year sentence on Count One and a seven-year …