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… Submitted April 8, 2019 – Decided May 10, 2019 Before Judges Messano and Gooden Brown. On appeal from … (NOT RAISED BELOW)[.] Because we agree there was no competent evidence that the iPhone was worth $700, a crucial … credibility of the witnesses.'" Ibid. (second alteration in original) (quoting State v. Johnson, 42 N.J. 146, 157 …
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… Argued January 30, 2019 – Decided May 2, 2019 Before Judges Alvarez and Reisner. On appeal from Superior … the trial had been delayed on several occasions to accommodate defendant, who knew about the GPS issue many … 384 N.J. Super. 232, 243 (App. Div. 2006)) (alterations in original). It is well-settled that the State has a …
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… Plaintiffs- Respondents, v. ZURICH AMERICAN INSURANCE COMPANY, and LEXINGTON NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … the contractor was hired to perform." [Ibid. (alteration in original) (quoting Sanna v. Nat'l Sponge Co., 209 N.J. …
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… Submitted March 7, 2019 – Decided June 14, 2019 Before Judges Whipple and Firko. On appeal from Superior Court … with anything. They said they did not. Ortiz heard rustling coming from behind an area of shelving in the garden center. … defendant's participation.'" Id. at 403 (alteration in original) (quoting Phelps, 96 N.J. at 519). "[T]he …
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… Argued July 2, 2018 – Decided July 27, 2018 Before Judges Carroll and Rose. On appeal from Superior Court … Special Civil Part judgment, effectively dismissing its complaint for possession of an apartment in Edgewater.1 On … N.J. Super. 146, 193 (App. Div. 2008) (first alteration in original) (quoting Manalapan Realty, L.P. v. Twp. Comm. of …
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… Submitted November 29, 2017 – Decided Before Judges Fuentes and Koblitz. On appeal from the Board of … holding these two full-time public service positions compromised the safety of the public and of appellant's … lists this charge as N.J.A.C. 4A:2-2.3(a)(7). 2 Jetti was originally charged with N.J.A.C. 4A:2-2.3(a)(11), which has …
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… Submitted June 4, 2018 – Decided July 24, 2018 Before Judges Sabatino and Ostrer. On appeal from Superior … to that decision in July 2017. In an "amended verified complaint,"1 defendant Rajesh Komakula identified various … consider such a submission." The trial court adhered to its original view that the umpire's failure to disclose his …
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… NO. A-3747-16T3 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISITION TRUST 2006-CH2 ASSET … payment. On October 21, 2014, plaintiff filed a foreclosure complaint against defendant, who filed a contesting answer … the note or an assignment of the mortgage that predated the original complaint." Here, the motion judge 8 A-3747-16T3 …
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… Appellant, v. BOARD OF REVIEW, DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT and CLEAN HARBORS INDUSTRIAL SERVICES, … that appellant was disqualified from receiving unemployment compensation benefits on the ground that he left work … or state of health which does not have a work-connected origin but is aggravated by working conditions will not be …
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… APPELLATE DIVISION DOCKET NO. A-0081-17T3 LESSNER ELECTRIC COMPANY, Plaintiff-Appellant, v. FIDELITY AND DEPOSIT … Argued July 31, 2018 – Decided August 8, 2018 Before Judges Sabatino and Mawla. On appeal from Superior … and complete its work. This figure was comprised of the original amount agreed upon between Lessner and APS with an …
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… MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC., A NOMINEE FOR HOMECOMINGS FINANCIAL NETWORK, INC., Defendants. … a certification in which she provided facts concerning the origins of the transaction as she understood the situation. …
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… Argued December 6, 2018 – Decided April 12, 2019 Before Judges Simonelli, Whipple and DeAlmeida. NOT FOR … at Cherry Tree, LLC, entered a five year and five month commercial real estate lease commencing June 1, 2011, with … The newly named firm continued to make payments under the original lease with plaintiff. de Luca and Levine worked in …
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… Argued December 19, 2018 – Decided April 10, 2019 Before Judges Alvarez and Reisner. On appeal from Superior … Kean Univ., 434 N.J. Super. 1, 10 (App. Div. 2013). I. The common-law attorney-client privilege "protects … different co-plaintiffs who are unaffiliated with the original privilege). In our view, the Law Division judge's …
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… Argued October 10, 2018 – Decided Before Judges Yannotti, Gilson, and Natali. On appeal from … 2015, plaintiff, through her guardian ad litem, filed a complaint against Martin, her school, and the school board. … failure to discharge that duty.'" (second alteration in original) (quoting Caltavuturo v. City of Passaic, 124 N.J. …
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… Argued February 28, 2019 – Decided March 28, 2019 Before Judges Simonelli and Firko. On appeal from Superior … of defendant Wal-Mart Stores, Inc. (Wal-Mart). Lee filed a complaint against Wal- Mart on May 21, 2015, and claimed it … evidence. Movant reargues points made during the original motion. This appeal followed. 1 On January 19, …
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… Submitted December 12, 2018 – Decided Before Judges Accurso and Moynihan. On appeal from Superior … LAW RECOGNIZES THAT THE SMELL OF MARIJUANA IN THE PASSENGER COMPARTMENT DOES NOT AUTOMATICALLY PROVIDE PROBABLE CAUSE TO … turn then quickly turned back and then came back into his original lane of travel." The officer, accompanied by a …
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… Submitted November 7, 2016 – Decided Before Judges Sabatino, Nugent and Currier. On appeal from … The first order denied, in part, plaintiffs' motion to compel discovery. The second order granted summary judgment … in order to defeat summary judgment." Ibid. (alteration in original) (citation omitted). Rather, "once the moving party …
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… Argued on November 30, 2016 – Decided Before Judges Simonelli and Gooden Brown. On appeal from the … 2013 order, the trial court administratively dismissed the complaint against Turner for lack of prosecution pursuant to … Office, 408 N.J. Super. 376, 387 (App. Div.) (alteration in original) (quoting Borough of Berlin v. Remington & Vernick …
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… Submitted September 6, 2017 – Decided Before Judges Rothstadt and Vernoia. On appeal from the … of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2013-24264. Law Offices of … v. Cty. of Morris, 217 N.J. 236, 242 (2014) (alteration in original) (quoting Sager v. O.A. Peterson Constr., Co., 182 …
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… Submitted September 11, 2017 – Decided Before Judges Messano and Vernoia. On appeal from the Superior … but not the motion judge, considered oral argument. In a comprehensive written decision, the judge addressed these … car in the first instance. They said: Thus, even if his original reason for stopping defendant did not amount to …