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njcourts.gov
… Argued March 31, 2020 – Decided May 6, 2020 Before Judges Yannotti, Hoffman and Firko. On appeal from the … which is operated by defendant. The Master Deed for the complex allows owners to rent their units to third parties … The court reasoned that "even absent a plausible reading free of error, we would confirm the award if we …
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njcourts.gov
… Argued May 3, 2018 – Decided August 13, 2018 Before Judges Haas, Rothstadt, and Gooden Brown. On appeal … emergency room at Raritan Bay Medical Center (Raritan Bay), complaining of severe abdominal pain on her right side. The … 155, 165 (App. Div. 2001). Therefore, the fact-finder is free to "accept 5 We reject plaintiff's contention that …
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njcourts.gov
… Argued May 21, 2018 – Decided July 17, 2018 Before Judges Ostrer, Rose, and Firko. On appeal from Superior … sole trustee until his death. After his death, the trust income and principal distribution would be divided equally … v. Locurto, 157 N.J. 463, 474 (1999)). Further, we are not free to make our own credibility determination. Locurto, 157 …
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njcourts.gov
… Argued December 2, 2019 – Decided March 9, 2020 Before Judges Fasciale, Moynihan and Mitterhoff. On appeal … 1209 Church Road, LLC (developer) dismissing plaintiff's complaint with prejudice. Plaintiff argues the Board's … 30 (2013) (citations omitted).] 13 A-5767-17T4 As it was free to do, see Hawrylo v. Bd. of Adjustment, Harding Twp., …
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njcourts.gov
… Submitted June 4, 2019 – Decided July 11, 2019 Before Judges Rothstadt and Gilson. On appeal from the … (LAD), N.J.S.A. 10:5-1 to -42. Specifically, plaintiff complained that disciplinary actions taken against her were … as a defense in an administrative proceeding is free to later sue her employer for unlawful discrimination …
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njcourts.gov
… Submitted May 20, 2019 – Decided July 3, 2019 Before Judges Messano and Gooden Brown. On appeal from an … to suppress his statement to detectives as well as his accompanying handwritten letter of apology to the alleged … work, his family, anything of a general nature, he spoke freely and fluently." Nonetheless, the judge pointed out …
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njcourts.gov
… Argued October 10, 2019 – Decided January 22, 2020 Before Judges Koblitz, Whipple and Gooden Brown. On appeal … the sale proceeds was held in escrow by a title insurance company pending resolution of the priority dispute by a … over property to continue the exercise of that jurisdiction free from embarrassment or conflicts with other courts …
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njcourts.gov
… Submitted December 11, 2018 – Decided April 12, 2019 Before Judges Rothstadt and Natali. NOT FOR PUBLICATION … had been employed. After filing a claim under the Workers' Compensation Act ("Act"), N.J.S.A. 34:15-1 to -142, against … she accepted the "settlement voluntarily and of [her] own free will." In response to further questioning by Woodbury's …
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njcourts.gov
… Argued March 20, 2019 – Decided April 4, 2019 Before Judges Reisner and Mawla. On appeal from Superior Court … the parent of alternate residence. 19. [The son] shall commute from Hazlet . . . to [New York City] during the week … no longer be equitable and fair, the court also remains free to alter the prior arrangement." Id. at 359-60 (quoting …
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njcourts.gov
… Submitted February 12, 2019 – Decided Before Judges Yannotti and Gilson. On appeal from Superior … to appear before the Beis Din of America (Beis Din) and comply with its procedures for providing defendant a Jewish … the backdrop of the Establishment Clause, rather than the Free Exercise Clause of the First Amendment. Id. at 537. The …
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njcourts.gov
… of the victim. R. 1:38-3(c)(12). 3 A-0331-17T2 break free and told defendant to stop, but he "kept telling [E.N.] … the video recordings, police created a "be on the lookout" communication, which was distributed to local law … 530-31 (2016). The court has a continuing obligation to revisit defendant's competency if warranted. Purnell, 394 N.J. …
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njcourts.gov
… Argued telephonically May 6, 2020 – Decided June 23, 2020 Before Judges Fuentes, Haas and Mayer. On appeal from the … each of them." He further instructed that "[t]he person who committed the crime may or may not be in this group. And the … victim also stated he spoke to the detectives of his own free will. Having reviewed the totality of the circumstances …
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njcourts.gov
… Submitted March 31, 2020 – Decided June 18, 2020 Before Judges Gilson and Rose. On appeal from the Superior … 1:36-3. 2 A-3782-18T4 delinquent based on conduct that, if committed as an adult, would have constituted first-degree … jail," and told the defendant that "the truth would set him free." 239 N.J. at 52. Here, by contrast, the detectives …
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njcourts.gov
… Submitted May 9, 2016 – Decided Before Judges Lihotz and Nugent. On appeal from Superior Court … IN PART, BY (1) NOT CHALLENGING THE NO SHOW/NO RECOMMENDATION CONDITION; AND (2) NOT REQUESTING A HEARING ON … conditions. The court agreed to allow defendant to remain free on bail until sentencing. The judge informed defendant …
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njcourts.gov
… Argued March 9, 2016 – Decided Before Judges Fuentes, Koblitz and Kennedy. On appeal from … P.J.A.D. Plaintiff Dr. Fariborz Ashtyani's third amended complaint against defendants Critical Care Unit Resources, … Dr. Ting will also tell Dr. F. Ashtyani that he is free to negotiate his own contract with the hospital to …
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njcourts.gov
… ASSOCIATION, INC., Plaintiff-Appellant, v. RGD HOLDING COMPANY, LLC, ROBERT MARTIN COMPANY, LLC, RMC MEZZANINE … Argued telephonically October 17, 2017 – Decided Before Judges Fasciale, Sumners and Moynihan. On appeal from … provisions were not adhesive because the unit owners "were free to accept or reject the contract terms proposed by the …
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njcourts.gov
… Submitted October 10, 2017 – Decided Before Judges Messano and O'Connor. On appeal from Superior … FIVE MUST THEREFORE BE REVERSED. POINT III THE PROSECUTOR COMMITTED MISCONDUCT WHEN ERRONEOUSLY ADVISING THE JURY THAT … to assess whether the waiver of rights was the product of a free will or police coercion." State v. Nyhammer, 197 N.J. …
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njcourts.gov
… Plaintiff-Appellant, v. HARLEYSVILLE INSURANCE COMPANY OF NEW JERSEY and HANOVER INSURANCE COMPANY, … Argued October 5, 2017 – Decided Before Judges Simonelli and Gooden Brown. On appeal from … enforceable limitations to an insurance contract when free of ambiguity. Courts ordinarily should refrain from …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … by FISHER, P.J.A.D. This is the third time this matter has come before us. The first time, we reversed defendant's … and in violation of defendant's guaranteed right to be free from double jeopardy"; II(A). "Finality attached once …
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njcourts.gov
… RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … decide whether a Family Part judge may divert a delinquency complaint from court action without affording the juvenile … programs[,] . . . which 10 A-0326-18T3 [includes] . . . [']freeing the court to devote more of its time to serious and …