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… Submitted December 11, 2023 – Decided April 2, 2024 Before Judges Berdote Byrne and Bishop-Thompson On appeal from … decision-making process" of her enrollment decision. A.R. ultimately decided to attend college in South Carolina and … related to the pandemic. Mistretta also owned a commercial building that housed the nightclub, which had …
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… v. MONMOUTH COUNTY, MONMOUTH COUNTY BOARD OF COUNTY COMMISSIONERS, and SEASTREAK, LLC, Defendants-Respondents. … Argued January 8, 2024 – Decided April 2, 2024 Before Judges Berdote Byrne and Bishop-Thompson. On appeal … in Crowe v. DeGoia, 90 N.J. 126, 132 (1982). The court ultimately concluded the County's rejection of NY Waterway's …
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… Submitted March 13, 2024 – Decided April 3, 2024 Before Judges Currier and Firko. On appeal from the Superior … without an evidentiary hearing. We affirm. I. This matter comes before us a second time. Defendant appealed from the … "had some conceivable effect on the outcome." Id. at 693. Ultimately, "[a]n error by counsel, even if professionally …
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… Argued December 12, 2023 – Decided May 2, 2024 Before Judges Sumners and Rose. On appeal from the Superior … Pravin Patel appeals the Rule 4:6-2 (e) dismissal of his complaint with prejudice against defendants Bharat Mukund … defendants, collateral estoppel has the same effect. The "ultimate issue" in this case has been determined: the amount …
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… Argued March 5, 2024 – Decided May 6, 2024 Before Judges Mayer, Enright and Paganelli. On appeal from the … was hired by the New Jersey State Police (NJSP). Leonardi completed police academy training both to become a police … (EMT) attended to one of the children who "coded," but ultimately survived. Leonardi assessed the other child, M.V. …
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… Submitted February 5, 2025 – Decided March 13, 2025 Before Judges Mayer and Rose. On appeal from the New Jersey … an undue hardship waiver of the penalty. The Assistant Commissioner of DMAHS upheld an initial decision by an … "some legally competent evidence must exist to support each ultimate finding of fact to an extent sufficient to provide …
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… Submitted May 22, 2024 – Decided July 23, 2024 Before Judges Currier and Susswein. On appeal from the … was charged as a juvenile with delinquency for acts that if committed by an adult would constitute first-degree … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Porter, 216 N.J. at 355 …
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… Submitted February 26, 2024 – Decided July 24, 2024 Before Judges DeAlmeida and Berdote Byrne. On appeal from the … me. Dispatcher: What's your first name? I have officers coming out there. Caller: [Jane J-A-N-E.] And my last name … against traffic, whom he stopped pursuant to Terry. Ibid. Ultimately, the two men admitted that they had stolen the …
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… Submitted May 14, 2024 – Decided August 7, 2024 Before Judges Smith and Perez Friscia. On appeal from the … in status from owner to employee, defendant's annual income dropped substantially. He then moved to reduce his … Id. at 570-72 (citing Deegan, 254 N.J. Super. at 358-59). Ultimately, a reduction in income may not always justify …
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… Submitted February 14, 2024 – Decided August 28, 2024 Before Judges Vernoia, Gummer, and Walcott- Henderson. On … the 9-1-1 operator, defendant performed CPR on the child, compressing her chest and breathing into her mouth. She did … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Porter, 216 N.J. at 355 …
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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. …
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… Argued October 9, 2024 – Decided October 28, 2024 Before Judges Paganelli and Torregrossa-O'Connor. On appeal … midnight on June 6, 2022. Lichty, then assigned to the Community Impact Division (CID), had been employed by the … predictions[.]" The analysis in any given case turns ultimately on the totality of the circumstances. [Rodriguez, …
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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 …