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… March 1, 2023 – Decided March 15, 2023 Before Judges Mitterhoff and Fisher. On appeal from the Board of Trustees of the … this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. 2 … member in another classroom requesting help with a non-compliant student. When Buday arrived in the classroom, she …
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… this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. 2 … in the second- degree range. In a July 19, 2022 order and accompanying written decision, the PCR judge denied … review orders on appeal rather than opinions or reasons proffered for the ultimate conclusion. See Do-Wop Corp. v. …
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… from the loss of their son, and their stress was further compounded by attending to the mental wellbeing of their … on April 16, 2021, they had still not received an official cause of death or cause of the fire by November … law." D.D. v. Univ. of Med. & Dentistry of N.J., 213 N.J. 130, 147 (2013) (citing McDade, 208 N.J. at 473-74). Public …
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… defendant James Zeller's motion to dismiss plaintiffs' complaint for failure to state a claim. We reverse and … Super. 546, 565 (App. Div. 2017) (citing Reese v. Weis, 430 N.J. Super. 552, 568 (App. Div. 2013)). "[T]he trial … However, expressions of opinion are protected. Kotlikoff v. Cmty. News, 89 N.J. 62, 68 (1982). As our Supreme …
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… 29, 2024 – Decided November 7, 2024 Before Judges Firko and Augostini. On appeal from the Superior Court of New … this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. 2 … defendant's contentions and rendered an oral decision and comprehensive written statement of reasons, with which we …
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… N.J.S.A. 2C:11-3(a)(1) and (2). State v. Melvin, No. A-3003-14 (App. Div. Mar. 1, 2017) (slip op. at 5). The judge … consideration of evidence adduced at trial that defendant committed the murders in finding and weighing the … is no victim named in the unlawful possession of a weapon offense. The judge abused his discretion by finding …
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… NO. A-3895-15T3 LIZA ATAMY, Appellant, v. BOARD OF REVIEW and PATERSON CHARTER SCHOOL FOR SCIENCE AND TECHNOLOGY, … this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. … reviewing the factual findings made in an unemployment compensation proceeding, the test is not whether an …
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… for suspected criminal activity. During their watch, the officers saw a green minivan tailgating another car. The … minivan, Captain Rizzo recognized an odor of raw marijuana coming from the passenger side of the car. When Rizzo … 413 (App. Div. 2011) (quoting State v. Williamson, 138 N.J. 302, 304 (1994)). The automobile exception "authorize[s] [a] …
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… MARIE THEEZAN, Plaintiff-Appellant, v. THE ALLENDALE COMMUNITY FOR SENIOR LIVING, Defendant-Respondent. … G. Christopher Bally argued the cause for respondent (Law Office of Steven J. Tegrar, attorneys; G. Christopher Bally … 2006); Blessing v. T. Shriver & Co., 94 N.J. Super. 426, 430 (App. Div. 1967). No single factor is dispositive, but …
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… Jersey, Law Division, Essex County, Indictment Nos. 09-11-3088 and 09-11-3090. Joseph E. Krakora, Public Defender, … under one indictment, the most serious being first-degree offenses of aggravated manslaughter and attempted murder, … aggravated manslaughter, and the charge of conspiracy to commit murder was dismissed. 4 A-1552-17T3 In Indictment …
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… summary judgment and dismissing his personal injury complaint. We affirm. Waitikowich was the general contractor … correct. See Prudential Prop. & Cas. Ins. Co. v. Boylan, 307 N.J. Super. 162, 167-69 (App. Div. 1998). "To sustain a … Indem. Ins. Co., 62 N.J. 229, 234 (1973) (quoting Reynolds Offset Co., Inc. v. Summer, 58 N.J. Super. 542, 548 (App. …
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… Edward Fradkin argued the cause for appellant (Law Offices of Edward Fradkin, LLC, attorneys; Edward Fradkin, … this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. 2 … PDVA. In her TRO application, plaintiff alleged defendant committed the following predicate acts under the PDVA: …
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… EXCESSIVE AND UNDULY PUNITIVE. We affirm. The underlying offenses arise from an incident in which defendant, accompanied by two other men, physically attacked first C.H., … For example, in State v. Hammond, 338 N.J. Super. 330 (App. Div.), certif. denied, 169 N.J. 609 (2001), we held …
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… OF EDUCATION,1 Respondent/Cross-Respondent- Respondent, and BOROUGH OF ISLAND HEIGHTS, BOARD OF EDUCATION OF THE … this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3. 2 … Rothstadt and Sumners. 3 A-2768-12T3 On appeal from the Commissioner of Education, Agency Docket No. 348-11/09. …
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… this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. … 15.1 Tracy L. Riley argued the cause for appellant (Law Offices of Riley and Riley, attorneys; Ms. Riley and Rachel … the New Jersey State Office of Fiscal Accountability and Compliance (OFAC) investigated possible overpayment to Board …
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… this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. … assault, N.J.S.A. 2C:12-1b(1), as a lesser-included offense of first-degree attempted murder, N.J.S.A. 2C:5-1 … carefully analyzing each of defendant's contentions. In his comprehensive oral opinion, Judge Paone found that trial …
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… this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. 2 … (count six); second-degree possession of a firearm while committing a CDS crime (guns and drugs), N.J.S.A. … individual from being twice placed in jeopardy for the same offense. State v. Kelly, 201 N.J. 471, 484 (2010). Under …
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… this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3. April … real estate. We affirm both orders. I. The foreclosure complaint filed by Wells Fargo alleged that in June 2003, … note and mortgage were validly signed. Under N.J.S.A. 12A:3-308(a), "each signature on the instrument is admitted unless …
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… real estate. We affirm both orders. The foreclosure complaint filed by Wells Fargo averred that in August 2007, … counterclaims. The matter proceeded as uncontested with the Office of Foreclosure and final judgment of foreclosure was … due process. Simmermon v. Dryvit Sys., Inc., 196 N.J. 316, 330 (2008) (quoting Kremer v. Chem. Constr. Corp., 456 U.S. …
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… County Prosecutor, attorney for respondent (Lisa Sarnoff Gochman, Legal Assistant, of counsel and of the brief). … this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. … in the residence.2 Officer Sofield returned to the house, accompanied by defendant's mother. Sofield and another …