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… INC., and VIRTUAL RADIOLOGIC CORPORATION, d/b/a VRAD, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Mahalchick, an eighty-one-year-old woman with multiple comorbidities, was taken and admitted to the emergency room …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 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … use."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 …
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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 October 10, 2018 – Decided October 31, 2018 Before Judges Yannotti and Gilson. On appeal from Superior … contrary to N.J.S.A. 2C:11-4(a)(1). The State agreed to recommend that the court sentence defendant to eighteen years … in combination clearly and convincingly establish the ultimate fact and lead to the conclusion that the evidence …
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… Submitted September 18, 2018 – Decided Before Judges Yannotti and Rothstadt. NOT FOR PUBLICATION … proceeding. The Sandy-impacted homeowner shall apply to the commissioner, on forms to be provided by the department, for … appealed to the Department of Community Affairs (DCA) and ultimately reached a settlement on July 27, 2016, that …
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… DIVISION DOCKET NO. A-3236-16T5 IN THE MATTER OF THE CIVIL COMMITMENT OF N.W., SVP-279-02. ______________________ … Argued August 29, 2018 – Decided October 16, 2018 Before Judges Alvarez and Gooden Brown. On appeal from … of N.W. on February 7, 1 The sex offense charges were ultimately dismissed. 2 MAP, a component of the clinical …
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… Submitted February 26, 2019 – Decided July 18, 2019 Before Judges Rothstadt and Natali. On appeal from the … 2015 guilty plea to one count of third-degree conspiracy to commit theft, N.J.S.A. 2C:5-2(a)(1), N.J.S.A 2C:20-3(a). The … with Riley's services. She also understood that it was ultimately the judge's decision as to what the punishment …
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… Argued December 20, 2018 – Decided July 15, 2019 Before Judges Simonelli, Whipple and DeAlmeida. On appeal from … filed an internal harassment and hostile work environment complaint with her employer based on her treatment by union … an investigation into Burkert and his brother. Plaintiff ultimately withdrew the complaint and her appeal of the …
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… Argued March 18, 2019 – Decided May 6, 2019 Before Judges Fasciale and Rose. On appeal from Superior Court … 60,000 shares of defendant ExxonMobil Corporation's common stock, held in street name through a brokerage firm. … a proper purpose, we discern no error in the judge's ultimate decision to exclude the proffered evidence and deny …
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… Submitted February 25, 2019 – Decided May 1, 2019 Before Judges Messano, Gooden Brown, and Rose. On appeal from … or rejection of an application to enter PTI. Subpart (e) accomplishes two goals. It specifically advises a defendant … these factors only serve to inform a decision on the ultimate principal announced in O'Neill: "the admissibility …
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… Submitted March 25, 2019 – Decided April 23, 2019 Before Judges Messano and Rose. On appeal from Superior Court … used in the shooting was seized from defendant's glove compartment shortly after the incident. Defendant was … credible," and determined the stop was justified. Ultimately, the judge concluded the seizure of the firearm …