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… extrinsic evidence including legislative history and committee reports. (pp. 12-13) 2. The refusal statute … That amendment was prompted by a Motor Vehicle Study Commission report recommending enhanced penalties for refusal convictions that …
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… and superseding/intervening causation, but not on comparative negligence. The court also provided a … consequences and superseding/intervening causation, and not comparative negligence, but improperly referenced “but for” … the causation charge, the trial court failed to tailor the complex concepts of causation to the theories and facts …
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… (Kimball) as the architect and engineer. Defendant Natkin & Company (Natkin) was designated the principal contractor for … the hot water was distributed to the various buildings that comprised the Project. Perma-Pipe, Inc. (Perma-Pipe) … certain inmate housing units. Certificates of substantial completion for those elements were executed on May 16, 1997. …
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… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … Ibid. Thereafter, Plaintiff subsequently engaged Mark Dietrich, CPA/ABV (“Dietrich”) to critique the fair market valuation of the …
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… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … of the Case Before the Court is a Motion to Dismiss the Complaint filed by the defendant, Dawn Frankl (“Dawn” or “Defendant”), seeking to dismiss the Complaint pursuant to R. 4:6-2(e). The plaintiffs, Cooling …
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… 1 NOT FOR PUBLICATION WITHOUT APPROVAL OF THE COMMITTEE ON OPINIONS : SUPERIOR COURT OF NEW JERSEY FOX … DOCKET NO. MID-L-2818-16 : CIVIL ACTION : HANOVER INSURANCE COMPANY : OPINION and SANO BROKERAGE CO., Inc., : … Ltd. (“Fox”), is the motion by Defendant, Sano Brokerage Company, Inc., (“Sano”) to dismiss the Complaint for failure …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS VILLAGE SQUARE MADISON AVENUE, LLC, … per month (the “Carrying Cost Charges”), for the period commencing on the date that is five (5) months after the … Section 11.18 below) and ending on the earlier of the Rent Commencement Date or the date this Lease is terminated by …
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… NOT FOR PUBLICATION WITOUT APPROVAL FROM THE COMMITTEE ON OPINIONS Ironridge Global IV, Ltd. SUPERIOR … forum non conveniens; and the doctrine of election of remedies. 1. Comity Defendant argues that Rule 4:6-2(a) permits … than the location of Olde Monmouth. 3. Election of Remedies Defendant argues that plaintiff’s California Superior …
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… heirs and executor of the estate of Viviana Ruscitto, filed complaints seeking compensatory and punitive damages on numerous counts after Ruscitto’s death from leiomyosarcoma, a rare cancer that cannot be reliably diagnosed …
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… Although the statute predates automotive window tinting, it commonly serves as the statutory basis for tinted window … that the driver of a vehicle, or its occupants, is committing a motor-vehicle violation or a criminal or … (App. Div. 2002). Through 2013, all motor vehicles had to comply with N.J.A.C. 13:20-33.7’s safety requirements to …
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… Point Condominium Association, Inc. v. Kinsale Insurance Company (A-76-20) (085606) Argued January 3, 2022 -- Decided … may assert claims against defendant Kinsale Insurance Company, alleged to have insured those entities, under the … Inspections and Testing LLC, a construction inspection company. The relevant policies both contained an arbitration …
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… Docket No. UNN-C-148-19 CIVIL ACTION OPINION This matter comes before the Chancery Division by way of Plaintiff’s, … agrees, upon such election by Landlord and Landlord’s remedies at law on account of this breach are inadequate.” See … Lease. Section 15.05 of the Lease Agreement states, All remedies of the Landlord in this lease are cumulative and not …
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… in the affirmative. We reverse the order dismissing the complaint and remand this matter. These are the facts … services, across all AIG major lines of business (LOBs), companies, branches, departments, divisions, and organizational units. This includes computer services, data resource planning, component, data …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CAMDEN … plaintiff failed to exhaust required administrative remedies because it never submitted an application to the zoning … plaintiff had failed to exhaust its administrative remedies when it failed to appeal the zoning officer’s decision …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CAMDEN … TYRELL JOHNSON, Defendant. Decided: April 12, 2019 Kaitlyn Compari, Assistant Prosecutor, for plaintiff (Mary Eva … most people, particularly when placed in a semi-anonymous online setting, where there is both literal and figurative …
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… P.A. (Ocean), appeal from orders denying their requests to compel plaintiff to sell her shares in Ocean to defendants … 163 N.J. 77 (2000). 2 The judge dismissed plaintiff's complaint against defendant Richard J. DeGroote, M.D. … erred by denying her motion for leave to file an amended complaint stating additional causes of action dismissing her …
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… Cross-Appellants, v. CHICAGO TITLE INSURANCE COMPANY, Defendant-Appellant/ Cross-Respondent. … in the record and briefs refers to the entire procedure embodied in N.J.S.A. 48:12-125.1, which gives the government the … and not contrary to public policy." Flomerfelt v. Cardiello, 202 N.J. 432, 441 (2010) (internal quotation marks …
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… THE TRIAL, THE TRIAL COURT FAILED TO REEVALUATE DEFENDANT'S COMPETENCE. POINT II THE TRIAL COURT ERRED IN IMPOSING A … those cars, the Chevrolet driver veered into the lane of oncoming traffic, again running a red light. When the … 1, 2014, after watching a television show about American soldiers being wounded overseas, he "drove down to Fort Dix and …
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… J. McGrover downloaded certain documents from Spencer's computer system into his private email account. When … entered an order on November 8, 2013, dismissing Spencer's complaint. In a written decision, Judge Toskos determined … only "incidental personal use" of their work computers and online resources, and paragraph twenty-four provided that …
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… anything [it’s] just that I read you your rights.” Without comment, defendant reviewed and signed the card. The … and respond to questions.” The court also cited defendant’s comment that he was “going to jail regardless,” viewing that … use by law-enforcement agencies in New Jersey, and make recommendations as to best practices on this issue. Second, …