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… Submitted April 18, 2018 – Decided Before Judges Alvarez and Currier. On appeal from Superior … gun that he was not selling, describing it as a "little sub-compact joint that shit spit rapid." The prosecutor asked … upon it, so long as he clearly leaves to the jury the ultimate determination of the facts and the rendering of a …
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… Submitted January 22, 2018 – Decided Before Judges Messano and Vernoia. On appeal from Superior … 10(a), and second-degree possession of a weapon while committing a CDS offense, N.J.S.A. 2C:35-5(a) and N.J.S.A. … and not from opinions . . . or reasons given for the ultimate conclusion.'" State v. Scott, 229 N.J. 469, 479 …
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… v. EDWARD CRUZ and E.E. CRUZ & COMPANY, INC., Third-Party Defendants-Respondents. Argued May 1, 2018 – Decided May 10, 2018 Before Judges Carroll and DeAlmeida. On appeal from Superior … to discharge the mortgage throughout the entire litigation. Ultimately, the judge made certain reductions to the …
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… Argued May 21, 2018 – Decided June 27, 2018 Before Judges Ostrer, Rose and Firko. On appeal from Superior … M.D.'s motion for summary judgment and dismissing her complaint with prejudice for her failure to serve a Notice … question of [w]hether [defendant] was a State employee was ultimately resolved" and that "the complaint is not notice …
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… ASSISTANCE AND HEALTH SERVICES and UNITED HEALTHCARE COMMUNITY PLAN, Respondents-Respondents. … Argued January 7, 2019 – Decided February 4, 2019 Before Judges Fasciale and Gooden Brown. On appeal from the … at 195 (quoting In re Herrmann, 192 N.J. 19, 28 (2007)). Ultimately, the party challenging an agency's action bears …
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… Submitted March 15, 2017 – Decided Before Judges Carroll and Gooden Brown. On appeal from the … robbery, N.J.S.A. 2C:15-1(a)(1). In exchange, the State recommended dismissal of the remaining two counts of the … of counsel] claims involves matters of fact, . . . the ultimate determination is one of law[.]" Harris, supra, 181 …
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… Defendant-Appellant. Submitted May 10, 2017 – Decided Before Judges Alvarez and Manahan. On appeal from the Superior … son to his former wife. Patrolman Anthony Hering accompanied Annecchiarico. When the two officers arrived at … contained a brief portion of what I instructed you. But the ultimate issue as to whether or not the arrest was lawful or …
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… Argued December 20, 2016 – Decided Before Judges Leone and Vernoia. On appeal from the Superior … defendant's motion for an involuntary dismissal of the complaint with prejudice. Based on our review of the record … and judgments and not from . . . reasons given for the ultimate conclusion"). 12 A-1864-15T4 view, however, it is …
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… Argued April 25, 2017 – Decided Before Judges Fisher, Vernoia and Moynihan. On appeal from the … was not liable for damages arising out of sexual abuse committed against John Doe by one of the District's former … Dr. Dragan versus Dr. Shakeshaft and, you know, the jury ultimately agreed with Dr. Dragan and did not agree with Dr. …
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… NO. A-0220-15T2 SALLY PINNELLA, Plaintiff-Appellant, v. MEDFORD TOWNSHIP PUBLIC SCHOOL DISTRICT, Defendant/Third Party … reason, we affirm the summary judgment order. Plaintiff commenced this action by filing a complaint in February … characteristics in the presence of flooring contaminants." Ultimately, the expert concluded "[t]he most reasonable …
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… judgment order dismissing his personal injury negligence complaint against defendant Daniel Myers, and his wife, … considerations." Id. at 89. "[W]hether a duty exists is ultimately a question of fairness." Hopkins v. Fox & Lazo … defendants negligently failed "to properly supervise all visitors and invitees on the premises for the birthday …
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… Argued June 7, 2017 – Decided Before Judges Alvarez, Accurso and Lisa. On appeal from … to five years in State prison and required to register for community supervision for life under Megan's Law. Although … all were taken at the same time. She clarified that her ultimate opinion, that Della had been physically abused by …
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… Submitted January 19, 2017 – Decided Before Judges Alvarez and Accurso. On appeal from the Superior … to a written reprimand. The statute requires that "[a] complaint charging a violation of the internal rules and … 3 A-4921-14T3 notification on June 6, 2014, which the City ultimately dismissed because it believed belated service …
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… Defendant-Appellant. Submitted January 22, 2018 - Decided Before Judges Whipple and Rose. On appeal from Superior Court … the pertinent facts from the trial record. Acting on complaints of drug activity in a local park, Edison Police … it "will assist in understanding the witness' testimony"). Ultimately, admissibility of lay opinion rests with the …
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… Submitted November 28, 2017 – Decided Before Judges Reisner and Hoffman. On appeal from Superior … there is probable cause to believe that a crime has been committed, or is being committed, at a specific location or … method of filing a federal suit against the judge, which ultimately caused Judge Batten to recuse himself. In denying …
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… Argued November 14, 2017 – Decided Before Judges Yannotti and Leone. On appeal from Superior … 2016, which affirmed the Board's action and dismissed the complaint. Plaintiff Jeffrey J. Carr appeals from the trial … of the process[,] which would have certainly rendered the ultimate decision of the Board to be arbitrary, capricious …
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… Argued January 10, 2018 – Decided Before Judges Koblitz, Manahan, and Suter. On appeal from … the implantation of this medical device caused multiple complications that required extensive medical care, … on plaintiff, but the pain did not subside, which ultimately led to the removal of the right testicle. …
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… Submitted January 22, 2018 – Decided Before Judges O'Connor and Vernoia. On appeal from Superior … parole supervision for life, N.J.S.A. 2C:43-6.4, and compliance with the requirements of Megan's Law, N.J.S.A. … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Id. at 355 (quoting R. …
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… Submitted December 19, 2017 – Decided Before Judges Carroll and Mawla. On appeal from Superior Court … Defendant returned and was asked by detectives to accompany them to the station for questioning. Defendant … and mitigating factors, applied them to the facts, and ultimately determined to order the sentence suggested by the …
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… Submitted June 1, 2017 – Decided Before Judges Fuentes, Carroll and Gooden Brown. On appeal … that, due to a "glitch in the system[,]" which caused the computer to freeze during the interrogation, the audio … is fully able to sort out . . . [or] express a view on the ultimate question of guilt or innocence." Macon, 57 N.J. at …