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… G. MORGAN, h/w, Plaintiffs-Appellants, v. WEST CAPE MAY COMBINED ZONING AND PLANNING BOARD, Defendant-Respondent, … Argued February 9, 2021 – Decided February 24, 2021 Before Judges Haas and Mawla. On appeal from the Superior … negative criteria. [Ten Stary Dom, 216 N.J. at 30.] Satisfaction of the positive criteria requires "proof that the …
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… Argued January 25, 2021 – Decided February 12, 2021 Before Judges Sabatino and Gooden Brown. On appeal from the … with a flawed analysis of the aggravating and mitigating factors. The trial court denied relief to defendant, and we … from his role in a series of armed robberies he and others committed one early morning in August 2006. A gas station …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … in court and in arbitration. Although defendants cannot compel arbitration because of their failure to pay the … adjudicating numerous claims involving a common nucleus of facts for which individual recovery will be small. See …
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… Submitted September 10, 2019 – Decided Before Judges Messano and Ostrer. On appeal from the Superior … consuming multiple trial days, the trial court issued a comprehensive written opinion resolving these issues. In … and charged with the responsibility to make decisions together." However, as noted, Emma was referring to joint …
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… Submitted July 28, 2020 – Decided August 6, 2020 Before Judges Sumners and Mayer. 1 The record provided does … Nonetheless, summary judgment dismissal of plaintiff's complaint was not appropriate pending the court's … index finger, severing her the flexor tendon. Zamperla manufactured the ride in October 1995, and installed it at Great …
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… Argued October 18, 2019 – Decided February 28, 2020 Before Judges Ostrer, Vernoia and Susswein. On appeal from the … is limited. R. 1:36-3. 2 A-4910-17T2 PER CURIAM The key factual issue in this auto accident case was who had the … no expert opinion to interpret it, and there was no competent evidence she actually suffered a medical episode. …
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… Submitted November 18, 2019 – Decided Before Judges Fasciale and Rothstadt. On appeal from the … of the third-degree offense of violating the conditions of Community Supervision for Life (CSL), N.J.S.A. 2C:43-6.4(d), … of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce …
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… Submitted October 21, 2020 – Decided Before Judges Geiger and Mitterhoff. On appeal from the … of contract case, plaintiff Anello Fence, LLC filed a complaint in the Special Civil Part against defendant. The … N.J. Super. 415, 418 (App. Div. 2007). Without stating any factual findings or providing any analysis, the court simply …
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… September 14, 2020 – Decided September 29, 2020 Before Judges Messano, Hoffman and Smith. On appeal from the New Jersey Commissioner of Education, Docket No. 160-7/17. Flavio L. … "The district did not find evidence your child was the target of the investigated act of [HIB]." A letter to J.D.'s …
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… Argued November 12, 2020 – Decided February 3, 2021 Before Judges Alvarez and Mitterhoff. On appeal from the … from April 15 to May 9, 2006, and defendant's filing of a complaint with New Jersey's Board of Marriage and Family … N.J.R.E. 404[(b)] Because It Does Not Satisfy the Cofield Factors. iii. The Failure to Give a 404(b) Charge That …
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… Argued December 15, 2020 – Decided Before Judges Gilson and Gummer. On appeal from the Superior … from an April 2, 2020 amended order that dismissed her complaint without prejudice and effectively compelled … that issue should be determined by the arbitrator. I. The facts relevant to compelling mediation and arbitration are …
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… Submitted November 16, 2020 – Decided Before Judges Fasciale and Rothstadt. On appeal from the … a 50% owner of a business and his "gross annual earned income from his business ha[d] been approximately $1,100,000 … was competent). Here, the motion judge rejected defendant's factual assertions that he claimed supported a finding that …
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… Submitted September 25, 2019 – Decided Before Judges Fuentes, Haas and Enright. On appeal from the … judgments permitted plaintiff C.B. to proceed on separate complaints to adopt Daniel and Annie. C.B. is the husband of … of this matter. Instead, we incorporate by reference the factual findings and legal conclusions contained in 2 The …
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… Submitted November 18, 2019 – Decided Before Judges Messano and Susswein. NOT FOR PUBLICATION … Although defendant again began treatment, his initial compliance soon faltered. He failed to complete the … v. E.P., 196 N.J. 88, 104 (2008)). We defer to the judge's factual findings because she had "the opportunity to make …
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… DEPARTMENT OF ENVIRONMENTAL PROTECTION, SITE REMEDIATION COMPLIANCE AND ENFORCEMENT, Respondent-Respondent, and DES CHAMPS … Des Champs decided to cease its operations at Okner altogether. Before terminating its operations on the site, Des …
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… Submitted December 12, 2019 – Decided Before Judges Alvarez and DeAlmeida. NOT FOR PUBLICATION … Division to contact his probation officer to determine his compliance with substance abuse restrictions. As a result, … 605 (2007). 11 A-1864-18T4 We will uphold a trial judge's factfindings if they are "supported by adequate, …
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… Argued December 18, 2019 – Decided January 24, 2020 Before Judges Whipple, Gooden Brown and Mawla. On appeal from … substantively arbitrable.1 The City then filed a verified complaint and order to show cause in the Chancery Division … RESTRAINED ARBITRATION BASED UPON A MISAPPLICATION OF THE FACTS AND THE LAW. After carefully reviewing the record and …
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… ROCKLEIGH COUNTRY CLUB, LLC, Plaintiff-Appellant, v. HARTFORD INSURANCE GROUP a/k/a THE HARTFORD d/b/a HARTFORD FIRE INSURANCE COMPANY, STRATEGIC INSURANCE PARTNERS, INC., PHILIP D. … record demonstrates "no genuine issue as to any material fact challenged and that the moving party is entitled to a …
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… Argued January 5, 2022 – Decided January 21, 2022 Before Judges Sabatino and Mayer. On appeal from the Superior … a jury of drug related offenses. We affirm. The following facts are derived from an evidentiary hearing on defendant's … watch, he saw a zipper sealed bag sticking out of a second compartment beneath the first compartment of the car's …
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… Argued March 22, 2022 – Decided April 19, 2022 Before Judges DeAlmeida and Smith. On appeal from the Superior … Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35; defendant committed the predicate offenses of harassment, N.J.S.A. … several times, spoke often on the phone, and vacationed together in Cape May, Atlantic City, and at a local resort. …