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… conclusions on issues of law. Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). We consider … of Prop.: Servitudes, § 1.2 (Am. Law Inst. 2000)). "The proponent of the easement must establish the elements by the … irrevocable if the licensee expends substantial sums of money pursuing the privilege while the licensor acquiesces to …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-0011-16T2 WIDMAN, COONEY, WILSON, MCGANN & FITTERER, Plaintiff-Respondent, v. … 1:36-3. December 6, 2017 2 A-0011-16T2 plaintiff Widman, Cooney, Wilson, McGann & Fitterer's (Widman) favor, and an … of her father's estate. On June 22, 2015, Widman filed a complaint alleging defendant owed $74,742.35 in attorney's …
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… On Site d/b/a Centrix Staffing, Inc. (Centrix), a company that provided workers to defendant Waste Management … without regard to fault, and surrenders common law tort remedies against his or her employer and co- employees, except … the Workers Compensation Act and the "recovery against one bars the employee from maintaining a tort action against …
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… OF CLARA PINKMAN, Plaintiff-Appellant, v. SPARTAN OIL COMPANY, Defendant-Respondent, and P&S FUEL, LLC, … Those discussions proved unsuccessful, but defendant reasoned it had to remain at the property pending these … the property. Further, as defendant's counsel stated in one of the emails, "[t]he purpose of the consent order is …
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… order denying its motion to stay plaintiff's class action complaint pending arbitration and to compel individual … commercial vehicles. On March 28, 2016, plaintiff filed a one-count class action complaint and jury demand, alleging … found unenforceable in any action in which class action remedies have been sought, this entire arbitration clause shall …
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… February 15, 2017 – Decided Before Judges Fuentes, Simonelli and Carroll. On appeal from the Superior Court of New … the Shahs)1 in approximately a dozen limited liability companies (LLCs), each with the designation S&P. These … In order to construct the stores, the partners borrowed money from defendant HJS Funding, LLC (HJS), which was owned …
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… On appeal from the New Jersey Public Employment Relations Commission, P.E.R.C. No. 2017-30. Stephen B. Hunter argued … to pay received, if any, as a member of a reserve component of the Armed Forces of the United States, to leave of … N.J. at 323). Where "the Legislature's chosen words lead to one clear and unambiguous result, the interpretive process …
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… D. Piderit argued the cause for respondent (Yolando Ciccone, Middlesex County Prosecutor, attorney; Joie D. Piderit, … order denying without prejudice his motion to modify his commitment to the Juvenile Justice NOT FOR PUBLICATION … that is only available for persons under twenty-one years old. According to Dr. Bhise, due to lengthy 4 …
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… Livingston Mall Venture (LMV) dismissing his complaint in lieu of prerogative writs in its entirety. We … District, to allow construction of a four-story hotel and a one-story freestanding restaurant within the municipality. … increase traffic in the area. The Township then commissioned a traffic study to consider the impact of future …
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… NO. A-3458-19 IN THE MATTER OF COUNTY OF ESSEX, Petitioner-Appellant, and ESSEX COUNTY PBA LOCAL 382, … On appeal from the New Jersey Public Employment Relations Commission, PERC No. 2020-40. Angelo J. Genova argued the … of declining to consider before arbitration what remedies may be appropriate or enforceable if an arbitrator were …
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… thus affords no basis upon which to vacate 1 Defendant abandoned the argument regarding the factual basis for the 2012 … not be charged as a second or subsequent offender in the complaint made against him in order to render him liable to … to defendant on the record—is improper, and we do not condone such practice. Cf. R. 7:14-1(a) (noting that a court's …
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… DIVISION DOCKET NO. A-2502-21 TOWN OF CLINTON, Petitioner-Respondent, v. BOROUGH OF LEBANON, … to consider a petition filed by the Town of Clinton's water company (Clinton) alleging the Borough of Lebanon (Lebanon) … delegated such authority solely to municipal governing bodies. In its March 9, 2022 final agency decision, which we …
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… NO. A-4019-17T2 800 SYLVAN AVENUE, LLC, a limited liability company organized under the laws of the State of Delaware, … to Mount Laurel I, the Court in Mount Laurel II fashioned a judicial remedy. Id. at 289-91. The Court created a … 1994); 31 N.J.R. 1479-82 (June 7, 1999). The Borough petitioned COAH for substantive certification based on its housing …
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… for school tuition for [his] three . . . children." The complaint alleged "mismanagement of and/or self-dealing … Ghazaly High School. When the school did not have enough money to pay the subcontractor, the school proposed it would … if the school or the subcontractor was underpaid, and that none of this could lead to the discovery of relevant …
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… Atlantic County, Docket No. C- 000008-18. Jacobs & Barbone, PA, attorneys for appellants (Edwin J. Jacobs, Jr., and … action, plaintiffs Heather Alper and Lucas Alper filed a complaint against defendants, alleging that Wolfson … for frivolous litigation for an abuse of discretion. Masone v. Levine, 382 N.J. Super. 181, 193 (App. Div. 2005) …
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… DIVISION DOCKET NO. A-2368-19 DIANNE MERWIN, Petitioner-Appellant, v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES' … of the court was delivered by DeALMEIDA, J.A.D. Petitioner Dianne Merwin appeals from the January 16, 2020 final … at an emergency room and discharged the following day with complaints of hip pain, neck pain, and a headache. She never …
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… APPELLATE DIVISION DOCKET NO. A-3633-19 BARRY MESMER, Petitioner-Appellant, v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S … suicide victim and his family. 3 A-3633-19 was assigned to comfort M.H.'s wife and son. He also transported M.H.'s … smelling the overwhelming stench of death from decaying bodies. Mesmer explained his reaction to these deaths differed …
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… Center (Fair Share) that resulted in a conditional order of compliance approving the settlement and plan. The order was … regulations to create "Affordable Housing 1 Residential Zone," and "Affordable Housing 2 Residential Zone." One … The OPMA does not apply to "informal or purely advisory bodies with no effective authority," and "to be covered by the …
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… of defendant Steven L. Rasner, D.M.D. and dismissing her complaint with prejudice for failure to provide an affidavit … defendant's motion. She deemed her original decision erroneous because she "inserted a cause of action in the … of the wrong tooth . . . ." The judge further reasoned "the existence of a poor outcome doesn't necessarily …
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… DIVISION DOCKET NO. A-2770-19 KATHLEEN WALKER, Petitioner-Appellant, v. SAKER SHOP-RITE, Respondent-Respondent. … of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2019-671. Mark T. … her parking lot accident is subject to the exclusive remedies provided under the Act. The accident occurred in the …