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… her exterior door unlocked so her two older children could come and go from the house. On the afternoon of April 18, … a temporary restraining order (TRO) against him. Defendant ultimately dismissed the TRO.5 There was no evidence of any … fashion, recognizing that '[w]hether a duty exists is ultimately a question of fairness.'" Id. at 322 (alteration …
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… a teacher's performance through the assessment of five competencies: (1) Lesson Design and Focus; (2) Rigor and … 18A:6-117 to -129. TEACHNJ also amended the procedural processes for tenure teacher charges under the … stating: "The board of education shall have the ultimate burden of demonstrating to the arbitrator that the …
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… couple numerous attempts to pay the rent arrears, plaintiff ultimately instituted eviction proceedings and was granted a … 17, 2017. Thereafter, plaintiff filed a small claims complaint against defendant, alleging that as the … in an extended colloquy with defense counsel, the court ultimately denied the motion and awarded plaintiff $3000, …
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… WEBB, LLC, Petitioner-Appellant, v. NEW JERSEY PINELANDS COMMISSION, Respondent-Respondent. … resources." N.J.A.C. 7:50- 1.3. The Commission "bears the ultimate responsibility for implementing and enforcing the … N.J.A.C. 7:50-1.4. Although the Commission retains the ultimate responsibility for enforcing the Act and the CMP, …
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… He said, among other things: "Most of the defendants that come into this 3 A-2215-15T4 courtroom are people that … habeas corpus proceedings in the federal courts which were ultimately denied by the Supreme Court in 2005. Lopez v. … report would have made a difference in the sentencing process since it did not fit into any mitigating factor per …
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… pertinent to this appeal from the record. Following the completion of a sentence served at the Adult Diagnostic and … also ordered defendant's return to the STU, and he was ultimately re-committed at the STU following a hearing. We … STU for temporary commitment pending a hearing, and he was ultimately re-committed under the SVPA. 11 A-0622-16T1 The …
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… The downspouts channel rain water and snowmelt into the common alleyway between defendants' two buildings, and also … downspouts." He acknowledged that "[t]he water might have come from the downspouts, but it [alternatively] could have … have connected to defendants' downspouts. 10 A-1264-16T3 Ultimately, regardless of whether principles of sidewalk …
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… her employment with the District based on her unbecoming conduct in handling the eligibility and placement of … hearings is what drew the attention of the attorneys and ultimately the attention of the [State-appointed] monitor to … board as well as . . . state law including . . . at the due process meetings with students and their advocates. And it …
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… award of counsel fees in May 2014 was due to defendant's noncompliance with the court order providing for discovery. As … that "there is no precise formula . . . [and that t]he ultimate goal is to approve a reasonable attorney's fee that … N.J. 372, 388 (2009). We are satisfied the judge's approach ultimately produced a reasonable fee award. Affirmed. … …
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… cuff tear with two bone anchors, as well as subacromial decompression, and debridement of glenohumeral labral fraying. … exceeding weight and range of motion restrictions to Ames' ultimate injuries. Plaintiffs had no expert or treating … deviation from the standard of care proximately caused the ultimate injuries suffered by Ames. III. "To prove medical …
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… Plaintiff-Appellant, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, Defendant-Respondent. … demanding a trial de novo. 1 The Court in DiProspero ultimately ruled that this so-called "second prong" of AICRA … the supersedeas bond.4 4 In the unpublished portion of our ultimate opinion in May 2006, we questioned, but did not …
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… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2013-16505. Adam M. Segal … conceded that osteoarthritis can occur as part of the aging process. The Board called Francis Meetere, M.D., who … osteoarthritis." The judge also found Malone credible, and ultimately concluded: [w]hen called upon to make findings …
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… LLC, and Chayim Goodman, appeal the dismissal of their complaint, which contained, among others, a claim that … were identified at each of four attempted deliveries, are ultimately proven, plaintiffs would have demonstrated the … Super. 11, 21-24 (App. Div. 1985) (where we discussed but ultimately did not decide whether the sale of a custom-built …
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… prohibited, as the Court later observed, "anyone from becoming a party to a tax-foreclosure proceeding or from … POLICY. II. THE CONSIDERATION FROM BANDI IS ILLUSORY AND ULTIMATELY PAID FOR BY DEFENDANTS OUT OF THEIR OWN EQUITY. … Legislature's intentions in N.J.S.A. 54:5-89.1, the Court ultimately recognized that a court's view of nominal …
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… Espichan pleaded guilty to second-degree conspiracy to commit robbery and aggravated sexual assault, N.J.S.A. … "a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 … v. Kentucky, 559 U.S. at 372. Although defendant was ultimately sentenced to a twelve-year prison term with four …
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… have been raised in direct appeals from the multiple civil commitment orders that have been entered against him … as a sexually violent predator does not violate the due process or ex post facto clauses. We agree and affirm. In … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." Ibid. See also Marshall, …
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… under N.J.R.E. 404(b) and the principles of fresh complaint. We affirm for the reasons set forth below. I. The … element that was hotly contested. The test that the Court ultimately fashioned included an aspect that plainly … some confusion during pre-trial argument, however the judge ultimately admitted Lisa Fritz's Pine Hill sex assault …
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… v. CHRISRYAN, LLC, STATE FARM FIRE AND CASUALTY COMPANY, and STEVE MEEHAN, Defendants, and HARRY MOREY,1 … defendant. In August 2019, defendant moved for, and was ultimately granted summary judgment, which is the basis of … Auth. of Newark, 9 A-2792-19 38 N.J. 578, 583 (1962)). "Ultimately, [New Jersey] Supreme Court cases repeatedly …
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… for the reasons set forth in Judge David J. Weaver's comprehensive twenty-six-page written decision that … a more friendly promissory note" or "start the litigation process." After George and Bob chose the latter option, … admittedly never amended this certification. 5 A-3711-19 ultimately settled and was subsequently dismissed with …
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… Detective Abode had sufficiently investigated the owner. Ultimately, the State decided not to question Detective … aggravating and mitigating factors that are supported by competent credible evidence in the record. Assuming the … charge. Defendant violated probation three times and ultimately went to state prison. Additionally, defendant …