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… conclusions on issues of law. Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). We therefore … the sole contractual responsibility for the project. Under Paragraph 4 of the contract, entitled "Scope of Work," A&J … alteration in original) (quoting Cassano v. Aschoff, 226 N.J. Super. 110, 113 (App. Div. 1988)); see also Olivo v. …
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… restraining defendant from having any form of contact or communication with Mary, the mother of his son, Michael, … 630 (App. Div. 2015), the judge determined defendant's communication was a knowing violation of the FRO. According … at [']hey['] is sufficient communication to fall within the parameters of a contempt violation, as it was communication …
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… and Whipple. On appeal from the Division of Workers' Compensation, Department of Labor, Claim Petition No. … Jersey." The judge therefore concluded: 4 According to its website, "FAIR Health is a national, independent, nonprofit … no differently than the same services rendered to an automobile accident victim at the same facility. N.J.S.A. …
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… the GAL's fee, plaintiff's outstanding shares of the 2013 income tax refund and the proceeds from the sale of the … to this appeal, the judgment incorporated a marital separation agreement (MSA), which provided that they have … and the sale of the marital home, in the amounts of $1,265 and $7,170.27, respectively, and attorney's fees in the …
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… In January 2013, plaintiff filed a medical malpractice complaint against Mountainside, seeking damages because of a … prejudice two motions by Mountainside to dismiss the complaint, extended discovery for thirty days to permit … v. Immigration & Naturalization Serv., 779 F.2d 1260, 1265 (7th Cir. 1985)). Here, there was no abuse of …
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… OF THE FAILURE OF DCPP AND THE COURT 3 A-5609-15T1 TO COMPLY WITH THE NOTICE REQUIREMENTS OF THE INDIAN CHILD … merit. On the record presented to us, there is no legally competent evidence that this child has any Native American … severe emotional harm the child would suffer if she were separated from the foster parent. The trial judge concluded …
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… Plaintiff testified defendant did not know she would be coming that day. Plaintiff was escorted to the marital home … at her stepfather and friend, telling them he would file a complaint against them. Plaintiff described defendant as … is two- fold. Silver v. Silver, 387 N.J. Super. 112, 126 (App. Div. 2006). The first step is to "determine whether …
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… motion for summary judgment dismissing his slip and fall complaint. Plaintiff alleges he slipped and fell in the … with five or six shower-heads. A six-inch-high threshold separated the showers from another tiled area with sinks and … et al., Prosser & Keeton on the Law of Torts, § 41, at 269 (5th ed. 1984)); see also Kulas v. Public Serv. Elec. & …
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… On his CIS, defendant claimed a net average weekly income of only $1,000, far less than his own reckoning of the … the parties were in serious financial trouble when they separated in 2013, and that plaintiff filed bankruptcy to … efforts, if any, he had made to secure employment, the status of his defunct corporations, or the status of his three …
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… the trial court entered a judgment dismissing plaintiff's complaint with prejudice. The medical malpractice claim is … of an expansion joint between two concrete slabs. Plaintiff commissioned two expert reports. The first expert, an … of possession. See, e.g., Michaels v. Brookchester, Inc., 26 N.J. 379, 382 (1958). We have recognized two "exceptions …
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… the plea offer without ever discussing his "immigration status or any immigration consequences of" pleading guilty. … counsel's only advice was "that the plea was the best outcome" without ever discussing "any other possible outcome … de novo." State v. Aburoumi, 464 N.J. Super. 326, 338 (App. Div. 2020). To establish a PCR claim of IAC, a …
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… defendant's car, she shined a flashlight into the passenger compartment. She immediately observed a large silver … rest its decision" must be articulated. State v. Mitchell, 126 N.J. 565, 579 (1992). The Sixth Amendment to the United States Constitution and Article I, Paragraph 10 of the New Jersey Constitution guarantee …
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… property, and plaintiff subsequently filed its foreclosure complaint. Defendant does not deny that it received service of the complaint and all subsequent notices leading to entry of … Charles A. Wright et al., Federal Practice & Procedure § 2697 (4th ed. 2020)). Here, if we grant defendant vacatur, …
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… Board panel's decision to revoke his PSL and MS status and impose a fourteen- month future eligibility term … and convincing evidence sustaining all violations and recommended revocation of PSL and MS and the imposition of a … revocation took place on different dates and involved disparate actions. We also note Wood did not 9 A-1692-18T1 …
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… a June 15, 2019 order, the motion judge denied a motion to compel arbitration filed by defendant Sky Zone Lakewood.1 We … reverse and remand for the trial court to enter an order compelling arbitration and staying the matter pending the … clause in conjunction with the arbitration clause. The two paragraphs were distinct and appeared under separate point …
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… __________________________ Argued October 26, 2020 – Decided Before Judges Fasciale and Mayer. On … granting defendants' motion to dismiss his second-amended complaint without prejudice under Rule 4:6-2(e) and the … and a September 16, 2019 order dismissing his third-amended complaint under Rule 4:6-2(e) with prejudice. The doctrine …
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… appeared at Brenda's home and told Tricia she must come to court later that day. When the child refused, … condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent … Court has held that "occasional discipline does not fit a common sense application of the statutory prohibition . . . …
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… 2 A-1091-18T2 Defendant R.G.F. appeals from the October 26, 2018 Family Part order, which was amended on October 30, … years later. In December 2016, plaintiff and defendant separated and defendant moved out of the apartment. Two years … told her he had the right to know where she is and he can come to the apartment whenever he wants. While plaintiff …
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… Petitioner Mary D'Arcy Bittner appeals from a February 26, 2019 final administrative determination of the Board of … In May 2013, Bittner was appointed by the City's Board of Commissioners as the City's solicitor under a professional … required the solicitor "be appointed by the board of commissioners for a term of one year" and stated the …
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… the merits. Accordingly, we reverse. The State's verified complaint for forfeiture alleged police had information in … returned and told the judge he had spoken to Bertucio's paralegal who "indicates [Bertucio] no longer represents Mr. … and fundamental fairness. State v. Melendez, 240 N.J. 268, 272 (2020). Mesadieu received neither here. The record …