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… JERSEY APPELLATE DIVISION DOCKET NO. A-3163-22 GREENBRIAR COMMUNITY ASSOCIATION, INC., Plaintiff-Appellant, v. CARLA … Submitted May 20, 2024 – Decided July 9, 2024 Before Judges Gilson and Berdote Byrne. On appeal from the … and reasonable attorneys' fees to be fixed by the court together with costs of the action. Moreover, plaintiff was the …
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… Submitted February 28, 2023 – Decided May 4, 2023 Before Judges Geiger and Berdote Byrne. On appeal from the … and thorough written opinion. We add the following brief comments. On March 12, 2010, defendant scaled a building and … we afford deference to the PCR court's findings of fact, but our interpretation of the law is de novo. State v. …
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… Submitted April 15, 2024 – Decided September 5, 2024 Before Judges Gilson and Bishop-Thompson. On appeal from the … of recordation of the Miranda1 warnings and waiver as a factor in analyzing whether defendant understood and waived … was "neither cognitively nor incapable of abstract comprehension"; (3) the record amply supported the judge's …
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… Submitted May 16, 2023 – Decided August 9, 2023 Before Judges Messano and Gummer. On appeal from the Superior … executor of the estate of John Y. Wei, filed this pro se complaint against defendants Penn National Insurance Company … as follows: I am satisfied . . . that they are not, in fact, different parties, for purposes of . . . res judicata …
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… MICHAEL MARIGLIANO, JR., Defendants, and GEICO INDEMNITY COMPANY,1 Defendant-Respondent. Argued October 4, 2023 – Decided November 21, 2023 Before Judges Currier and Firko. On appeal from the Superior … Bufardeci. Plaintiff further contends there was an issue of fact whether 3 On September 13, 2022, the court issued an …
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… Submitted December 4, 2023 – Decided April 1, 2024 Before Judges DeAlmeida and Berdote Byrne. On appeal from the … on defendants obtaining a $300,000 written mortgage loan commitment from a lender with terms at least as favorable as … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …
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… Submitted April 16, 2024 – Decided May 1, 2024 Before Judges Smith and Perez Friscia. On appeal from the New Jersey Civil Service Commission, Docket No. 2021-1628. Destribats Campbell Staub … Bennette's lack of candor was "an egregious aggravating factor." The Commission then issued an FAD adopting the …
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… Submitted January 29, 2024 – Decided July 12, 2024 Before Judges DeAlmeida and Bishop-Thompson. On appeal from … jury charged defendant with first- degree conspiracy to commit murder or attempted murder, N.J.S.A. 2C:5-2 and … The judge further determined defendant provided an adequate factual basis for his plea and entered a plea "freely and …
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… Submitted May 29, 2024 – Decided July 19, 2024 Before Judges Sumners and Rose. On appeal from the Superior … of the parties' stipulation of settlement, we affirm. The facts and procedural history are not complicated. In May 2018, defendant obtained a $50,000 loan …
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… Argued August 5, 2019 – Decided August 13, 2019 Before Judges Rose and Mitterhoff. On appeal from the Superior … restraining defendant from having any form of contact or communication with Mary, the mother of his son, Michael, … [defendant]. Further, the judge "g[a]ve some weight to the fact that it was . . . a mere happenstance that all parties …
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… Argued April 23, 2018 – Decided Before Judges Sabatino and Ostrer. On appeal from Superior … erectile dysfunction treatments, and licensed defendant to compound and sell some of its formulas. According to … summary judgment, a hearing is to be held to establish the facts unless the available competent evidence, considered in …
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… Submitted June 4, 2018 – Decided Before Judges Whipple and Rose. On appeal from Superior Court … affirm the trial court's decision. We discern the following facts from the record on appeal. The parties were married in … are so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to …
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… Submitted August 1, 2018 – Decided Before Judges Hoffman and Currier. On appeal from Superior … THERE IS A REASONABLE PROBABILITY THAT IF THE DEFENDANT'S FACTUAL ASSERTIONS WERE FOUND TO BE TRUE, ENFORCEMENT OF THE … sufficient to relax the time limits." Id. at 580. "Absent compelling, extenuating circumstances, the burden of …
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… Submitted December 5, 2018 – Decided Before Judges Fuentes and Moynihan. On appeal from the Board … appeal; (2) the Appeal Tribunal's decision was not based on competent evidence; (3) appellant's conduct did not amount … v. Bd. of Review, 152 N.J. 197, 210 (1997). "If the Board's factual findings are supported 'by sufficient credible …
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… Successor Trustee to JP Morgan Chase Bank, NA as Trustee for the Structured Asset Mortgage Investments II Trust, … Assignment of Mortgages for Essex County. The note, which accompanied the mortgage, contained an indorsement from … of certification in order to authenticate a document. In fact, "the authenticity of, and authority to make, each …
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… MARIE THEEZAN, Plaintiff-Appellant, v. THE ALLENDALE COMMUNITY FOR SENIOR LIVING, Defendant-Respondent. … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …
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… Submitted February 11, 2019 – Decided Before Judges Haas and Mitterhoff. On appeal from Superior … agreed to dismiss the other counts of the indictment, and recommend that defendant be sentenced to a maximum … State v. Mauricio, 117 N.J. 402, 418-19 (1990)). "Among the factors pertinent to this issue are included the quantity of …
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… OF REVIEW, DEPARTMENT OF LABOR and SPRINT/UNITED MANAGEMENT COMPANY, Respondents. Submitted January 14, 2019 – Decided Before Judges Fasciale and Rose. On appeal from the Board of … connected with the work." We affirm. We glean the salient facts and procedural history from the record before the …
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… right, title and interest, and SMS FINANCIAL XXVII LLC, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … that BOA was the holder of the note at the time the complaint was filed; the note was not endorsed to BOA; the … determines "there is no genuine issue as to any material fact challenged and that the moving party is entitled to a …
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… ZAKIR HOSSAIN, Petitioner-Appellant, v. DEPARTMENT OF COMMUNITY AFFAIRS HURRICANE SANDY DIVISION, … Submitted May 4, 2017 – Decided Before Judges O'Connor and Whipple. On appeal from the New … his wife, and children evacuated Atlantic City together. Thereafter, petitioner resumed living with his wife …