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… Argued June 3, 2024 – Decided June 20, 2024 Before Judges Gilson and DeAlmeida. On appeal from the … Luis noticed that the black object was a handgun. In the commotion, Luis slapped the handgun out of defendant's hand … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Id. at 355 (quoting R. …
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… Argued April 24, 2024 – Decided July 10, 2024 Before Judges Currier, Susswein and Vanek. On appeal from the … granting defendants' motion to dismiss count four of their complaint, denying plaintiffs' cross-motion for summary … a motion for leave to amend "liberally" and "even if the ultimate merits of the amendment are uncertain." G & W, Inc. …
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… Argued April 17, 2023 – Decided May 3, 2023 Before Judges Whipple, Mawla and Walcott- Henderson. On appeal … He asked defendant for his driving credentials; defendant complied. Officer Chieppa noted defendant was "stumbling and … v. Tamburro, 68 N.J. 414, 421 (1975)). Thus, the Court ultimately held "lay opinion in respect of the cause of …
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… _________________________________ | OPINION This action comes before this court on Motion for Summary Judgment filed by … torn down because he felt that the foundation was unsafe. Ultimately, Plaintiffs decided against tearing down the …
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… Submitted September 11, 2023 – Decided September 19, 2023 Before Judges Sabatino and Chase. On appeal from the Superior … to proceed in the future." She expressed concern that a complaint would be sent to defendant through the mail … she and defendant were living together at the time. A.B. ultimately provided the police with a written statement, a …
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… Submitted September 12, 2023 – Decided September 20, 2023 Before Judges Whipple and Enright. On appeal from the Superior … in New Jersey to address ongoing financial disputes. They ultimately resolved their differences through counsel and … entirety; adjudicate him in violation of litigant's rights; compel defendant to satisfy his alimony arrears of over …
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… divide mediation costs in accordance with the parties' income; and denying defendant an award of counsel fees. Among … to establish child support despite the terms of the MSA. Ultimately, the judge entered an April 28, 2023, order … defendant's requests for counsel fees. The judge should revisit those rulings once a determination is made regarding …
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… Argued September 30, 2024 – Decided October 11, 2024 Before Judges Sabatino, Gummer, and Berdote Byrne. On appeal … principally because plaintiff has not shown she sustained a compensable "ascertainable loss" as the result of a CFA … pursue "all available remedies . . . even if the plaintiff ultimately loses on his damage claim but does prove an …
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… Submitted April 15, 2024 – Decided May 17, 2024 Before Judges Gilson, Bishop-Thompson, and Jacobs. On appeal … issues before us. This case involves a robbery and theft committed on the same day in Maple Shade Township. On June … determine the procedure sufficiently reliable, the jury ultimately decides the question. The model and supplemental …
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… Submitted January 22, 2024 – Decided May 17, 2024 Before Judges Gilson and Berdote Byrne. On appeal from the … Bergen Homes LLC (Great Bergen Homes). The lease was to commence September 15, 2019, and end September 14, 2020, … opinions, oral decisions, . . . or reasons given for the ultimate conclusion.") We grant deference to the trial …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … of Floor Resources, Inc. (Floor Resources), a New Jersey commercial floor company engaged in installation and … with the business operations of the corporation, had ultimate decision-making authority, and oversaw all …
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… Submitted October 29, 2024 – Decided November 4, 2024 Before Judges Smith and Chase. On appeal from the Superior … certif. granted, 244 N.J. 262 (2020). We recite the salient combined facts and history from our opinion: In 2013, J.R. … court directed counsel to sanitize B.G.'s testimony, and ultimately provided an appropriate limiting instruction to …
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… Argued December 2, 2024 – Decided December 24, 2024 Before Judges Sabatino and Jacobs. On appeal from the Superior … endangering the welfare of a child and sexual contact, acts committed against his granddaughter. Among the proofs … Worth's active involvement in arriving at the home and ultimately seizing the tissue from the wastebasket. The New …
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… INC., and VIRTUAL RADIOLOGIC CORPORATION, d/b/a VRAD, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Mahalchick, an eighty-one-year-old woman with multiple comorbidities, was taken and admitted to the emergency room … failing to serve its expert report timely. We held that the ultimate sanction of dismissal 16 A-3356-22 with prejudice …
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… Submitted October 22, 2024 – Decided November 20, 2024 Before Judges Smith and Vanek. On appeal from the Superior … ninety days and permitting plaintiffs to file a motion to compel outstanding discovery. Plaintiffs state that in late … inaccurate facts. The 775-day extended discovery period ultimately expired on June 26, 2023. On July 14, the trial …
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… their claims against defendants on November 2, 2022. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … use." Oceanport's Zoning Officer determined Gigi's "complie[d] [with the Borough's Zoning Code] as per [the 1984 … property owner [asserting the pre-existing use] has the ultimate burden with respect to the issue of abandonment as …
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… Argued September 10, 2024 – Decided September 24, 2024 Before Judges Firko, Bishop-Thompson, and Augostini. On appeal … we reversed the trial court's dismissal of plaintiffs' complaint and remanded for the court to make appropriate … not the plaintiffs, the court held plaintiffs were not the "ultimate consumer of the goods" under the CFA. Under these …
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… Argued April 8, 2024 – Decided May 6, 2024 Before Judges Gilson and Jacobs. On appeal from the Superior … eight through eleven); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2and N.J.S.A. 2C:15-1(a)(1) to … standard of care had a material impact on defendant's ultimate decision during trial to accept the plea agreement. …
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… OF P.B.R. ENTERTAINMENT, LLC, d/b/a MONSTER MINI GOLF FOR AN AMUSEMENT GAMES LICENSE. ___________________________ … New Jersey Department of Legalized Games of Chance Control Commission, Division of Consumer Affairs. Jeffrey Peter … Div. 2019). "[A] mere cataloging of evidence followed by an ultimate conclusion of liability, without a reasoned …
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… Submitted September 11, 2024 – Decided October 23, 2024 Before Judges Currier and Torregrossa-O'Connor. On appeal from … not reasonably 5 A-0950-23 probable that the gunshot had come from defendant's location as seen in the video footage. … The expert's testimony raised genuine questions which ultimately may have affected the results of the proceeding. …