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… Argued May 2, 2018 – Decided June 25, 2018 Before Judges Fuentes, Koblitz, and Suter. On appeal from the Civil Service Commission, Docket No. 2016-718. Daniel J. Zirrith argued … to High Horizons. The Court held that "an agency is never free to act on undisclosed evidence that parties have had no …
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… Submitted June 8, 2017 – Decided Before Judges Lihotz and Hoffman. On appeal from Superior … stiff and she experienced pain on her left side. Plaintiff commenced six months of chiropractic care. Next, she began … there's many Appellate Division cases that say the jury is free to disregard what the doctors say. And again, I would …
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… Argued February 28, 2017 – Decided Before Judges Messano and Guadagno. On appeal from an … contract. Following the opening of the bids, an Evaluation Committee reviewed the bid packages to determine the "lowest … status as the lowest bidder and suggests that Newark is free to peremptorily reject USI's bid without justification. …
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… PASQUALE FALCETTI, JR., Plaintiff-Respondent, v. WATERFRONT COMMISSION OF NEW YORK HARBOR, Defendant-Appellant. … LLP, attorneys; Ms. Provost, on the briefs). George T. Daggett argued the cause for respondent. PER CURIAM On leave … does not affect our decision, and we note that plaintiff is free to challenge the sufficiency of the production and …
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… successfully petitioned the court for defendants civil commitment under the Sexually Violent Predator Act (SVPA), … is a certification from a public defender who admitted forgetting, or advising the pool attorney to whom this matter … even if he prevailed at trial, the State was still free to seek his civil commitment. There were other acts …
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… NO. A-2934-15T3 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CMALT REMIC SERIES 2007-A 7-REMIC PASS-THROUGH … it was unaffordable. In October 2014, plaintiff filed a complaint in foreclosure. Approximately two months later, … of the adverse party or by leave of court which shall be freely given in the interest of justice." R. 4:9-1. …
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… Argued November 27, 2017 – Decided Before Judges Sabatino, Ostrer and Whipple. On appeal from … for summary judgment, dismissing his Special Civil Part complaint against defendants TWC Administration LLC and its … See Hawkland, § 4-404:2 (stating that a bank should be free to pay a check notwithstanding a customer's imprint …
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… Argued February 26, 2018 – Decided Before Judges Ostrer and Rose. On appeal from Superior Court … Kaye." The arbitrator's role, 6 A-3684-16T1 therefore, "was completed once he issued that finding and he had no … Notably, the Morris Court observed the arbitrator was "free to apply his special expertise and determine that the[] …
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… Submitted February 13, 2018 – Decided Before Judges Hoffman and Gilson. On appeal from Superior … v. Fritz, 105 N.J. 42, 58 (1987). 7 A-1214-16T3 must overcome the presumption that' the attorney's decisions followed … prong of the Strickland/Fritz test. We note defendant is free to file a second PCR petition regarding that issue, but …
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… Argued November 14, 2017 - Decided Before Judges Gilson and Mayer. On appeal from Superior Court … reported what he believed to be illegal activities committed by other County employees. After reporting the … 118 S. Ct. 140, 139 L. Ed. 2d 88 (1997). "[J]udges are not free to err on the side of caution; it is improper for a …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … of the arbitrator in this case. Therefore, he performed a comprehensive review of the challenged portions of the … Parties who enter into agreements pursuant to the Act "are free to invoke [the Act's] procedures in toto or subject to …
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… Defendant-Appellant. Argued November 12, 2020 – Decided Before Judges Alvarez, Geiger, and Mitterhoff. On appeal from … or other court official, and appears to emanate from the Commissioner. The probation department of Rockland County, … maintained sobriety since then. He has remained infraction-free since 2007, although admittedly having lost his …
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… Argued September 14, 2020 - Decided Before Judges Mayer and Susswein. On appeal from Superior … equity, we affirm the trial court's ruling that Loree must compensate the Estate for the value of Dianne's share of the … suggesting that the property would not be given to her for free. At the conclusion of the trial, Judge Stein found …
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… Submitted October 5, 2020 – Decided Before Judges Rothstadt and Susswein. On appeal from the … judge's November 8, 2019 orders denying their motion to compel monetary compensation from plaintiff, Wells Fargo … exercised with great frugality and in none but a clear case free of doubt.'") (quoting In re Appl'n of Boardwalk Regency …
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… Submitted April 29, 2020 – Decided May 22, 2020 Before Judges Koblitz and Gooden Brown. On appeal from the … for the reasons expressed in Judge Robert Kirsch's comprehensive and well-reasoned written opinion. We … in view of the record before us. However, defendant is free to file a new PCR petition asserting that counsel …
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… Assistant Attorney General, of counsel; Jeffrey D. Padgett, Deputy Attorney General, on the brief). NOT FOR … a chair at work. Petitioner contends the latter injury, combined with deficits from his prior injury, rendered him … and permanency. In sum, although the matter is not free from doubt, there is ample substantial evidence in this …
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… Submitted December 14, 2021 – Decided February 15, 2022 Before Judges Rothstadt, Mayer, and Natali. On appeal from the … principal, Angel Cabrera, appeal from a June 11, 2021 order compelling arbitration of their dispute with plaintiff, … and "[t]herefore, all said contractors [were] free to bring whatever claims they may have [had] against …
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… Submitted March 10, 2020 – Decided April 30, 2020 Before Judges Messano and Susswein. On appeal from the … in her favor. In December 2017, plaintiff filed a verified complaint and order to show cause seeking to set aside the … here alleged the deed transfer was not the product of her free will, but, rather, the result of undue influence. …
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… Argued October 18, 2019 – Decided March 6, 2020 Before Judges Ostrer and Vernoia. On appeal from the Superior … and her husband Jeffrey Derstine alleged in a March 2014 complaint that a polypropylene mesh implanted in Kline's … the court apply the "market share liability doctrine" to free her from proving defendants made her mesh. Under the …
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… Submitted November 18, 2019 – Decided Before Judges Vernoia and Susswein. On appeal from the … of first-degree robbery and one count of conspiracy to commit robbery. He was sentenced to an aggregate … that were presented to the PCR court. Defendant is free to file a new PCR petition asserting that counsel …