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… Ko, Keating Robinson, and Peggy McMahon dismissing the complaint. We affirm. We derive the following facts from the … not safe, displaying "an attitude" toward them, and making false complaints against them. In addition, prior to May … Her LAD claims are foreclosed by CEPA's election-of-remedies provision, N.J.S.A. 34:19-8, which plainly states that …
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… March 14, 2022 Before Judges Rothstadt, Mayer and Natali. On appeal from the Superior Court of New Jersey, Law … purposes of clarity, intending no disrespect. 2 We use initials to protect F.A.'s confidentiality. 3 A-0795-20 … and informed the officers that he planned to file a formal complaint. Plaintiffs further testified that the officers …
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… THOMAS B. WAGNER ARCHITECT, and THOMAS B. WAGNER, individually and as a representative of THOMAS B. WAGNER ARCHITECT, … and (2) denied plaintiffs' motion to file a second amended complaint. Defendant Wagner cross- appeals the February 16, 2018 and August 17, 2018 orders denying …
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… her spouse, Plaintiffs-Appellants, v. FORSGATE INDUSTRIAL COMPLEX a/k/a FORSGATE INDUSTRIAL COMPLEX, LP, FORSGATE … judgment to both defendants on May 2, 2019. Plaintiff appeals from both orders. Because plaintiff presented issues of …
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… PER CURIAM Plaintiffs Academy Hill Inc. (Academy Hill), a commercial real estate developer, and Merrick Wilson, its … to invalidate Ordinance No. 98-18. Other aggrieved parties also challenged the newly adopted zoning ordinance in a … in connection with the City Council's AINR designation embodied in Resolution No. 100-2018. Specifically, the PW …
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… Bonsall appeal from Law Division orders dismissing their complaint on NJT's summary judgment motion and denying their … out of control by the operator. . . . The [NJT] officials responsible for the maintenance of Whiten[a]ck Road at … was palpably unreasonable. The fundamental principles embodied in the TCA include the notion that governmental …
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… PHARMA, LP, PERDUE PHARMA, INC., THE PERDUE FREDERICK COMPANY, TEVA PHARMACEUTICALS USA, INC., TEVA LTD., CEPHALON, INC., JOHNSON & JOHNSON, … different medical specialties, but who treated similar maladies, could offer testimony even though not equivalently …
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… 28, 2020 Before Judges Ostrer, Vernoia and Susswein. On appeal from the Superior Court of New Jersey, Law Division, … no expert opinion to interpret it, and there was no competent evidence she actually suffered a medical episode. … that if a northbound witness had a red light, Derrico did also and not Wegner. The officer opined that Derrico had the …
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… April 21, 2020 Before Judges Rothstadt and Moynihan. On appeal from the Superior Court of New Jersey, Law Division, … Regina Longmuir and Douglas A. Longmuir, Jr., $35,010 "in compliance with the [c]ourt's July 19, 2016 [o]rder," which … on not admitting that this was a loan." The remand judge also observed that Douglas, during his trial testimony, "had …
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… and Stephanie Gianacakos and Scott Freeman were denied compensatory damages. We affirm the order without the … that emanated from the neighboring gym." 1 Defendants also filed a third-party complaint against Red Bridge Homes … the weight of the evidence. Defendants argue the remedies imposed by the trial court were overly broad. They …
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… go to the snack 1 To protect privacy interests, we use initials and fictious names because one of the plaintiffs and one … person, who turned out to be David. David fell and got up complaining of an injury to his arm. David, Max, Marvin, and … in a given state of facts in a prescribed manner in obedience to the mandate of legal authority, without regard to …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0663-18T1 ALIESETTE RUSSO and ANTHONY RUSSO, her husband, … case, defendant Platinum Realty Group, LLC (Realty), appeals from the trial court's grant of partial summary judgment … However, regarding Realty's cross-motion to dismiss the complaint, we extend to Russo "every reasonable inference of …
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… April 2, 2020 – Decided August 17, 2020 Before Judges Alvarez, Suter and DeAlmeida. On appeal from the Superior … the April 12, 2019 summary judgment order dismissing their complaint with prejudice. We review the order de novo, … adverse employment action targeting [plaintiff]." The court also found no "reasonable fact-finder could conclude that …
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… 9, 2019 – Decided October 24, 2019 Before Judges Fasciale, Moynihan and Mitterhoff. On appeal from the Superior … from an order for judgment dismissing with prejudice their complaint alleging professional malpractice against their … in contributing to the payment plan as directed." The court also found plaintiffs' experts, Jay Soled and Brunetti "gave …
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… DIVISION DOCKET NO. A-1717-18T1 BRUCE STEVENS, individually and on behalf of TERRAFORM, LLC, Plaintiffs-Appellants, … Berkshire Valley Associates, LLC's motion to dismiss the complaint and compel arbitration. We vacate the order and … Ave. Corp., 131 N.J. Super. 159, 167 (App. Div. 1974)); see also Hudik-Ross, 131 N.J. Super. at 167 (no waiver of …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0317-18T1 ALEXANDER FERRIS, an infant, by his GUARDIAN AD LITEM, … BLANCO-ALQUACIL, AFFINITY CARE OF NEW JERSEY, HEALTH AND COMFORT HOME CARE AGENCY, Defendants, and BOROUGH OF … the same road at intersections before and after. Plaintiff also cross-moved to reopen discovery in order to serve a …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4583-17T1 WALTER FRIEDAUER and ROBERT FRIEDAUER as EXECUTORS OF THE … Cross-Respondents, v. KARL P. SCHEUFFER, GLENSIDE EQUIPMENT COMPANY and BIL-JIM CONSTRUCTION, Defendants-Respondents, … Environmental, Inc. (Ashbritt). Ashbritt cross- appeals from the trial court's order denying its motion to bar …
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… 9, 2019 – Decided Before Judges Sumners, Geiger and Natali. On appeal from the Superior Court of New Jersey, Law … Brian Cohen, O.D., and Harmon Stein, M.D., arising out of complications caused by lasik eye surgery.1 Immediately … a consent form. The consent form disclosed that individuals who have "large pupils (greater than [seven] …
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… September 26, 2019 Before Judges Nugent and Accurso. On appeal from the Superior Court of New Jersey, Law Division, … Joon Sim, on the brief). PER CURIAM Marina Gleyzer appeals from a June 29, 2018 order permitting plaintiffs Yoon H. … court pursuant to Rule 4:57-1. Plaintiffs amended their complaint to add his estate and Gleyzer as administratrix. …
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… Middlesex County, Docket No. L-3014-16. Law Offices of Viscomi & Lyons, attorneys for appellants (Brittany Sadé Hale, … plaintiff, Gerardina Gomez, $115,000.1 Defendant appeals the denial of her motion for a new trial. She argues the … testing. December 2014 magnetic resonance imaging (MRI) studies of plaintiff's left shoulder were negative. May 2015 …