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… Argued November 1, 2021 – Decided December 9, 2021 Before Judges Sabatino, Rothstadt and Natali. On appeal from … railroad tracks. There 3 A-4934-18 was no train immediately coming and the victim was able to climb back safely onto the … and not risk going to trial. The fact that defendant was ultimately not found guilty of first-degree robbery months …
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… Argued November 29, 2021 – Decided December 9, 2021 Before Judges Fasciale and Firko On appeal from the Superior … judgment, and denying plaintiff's motion to amend the complaint; and an August 20, 2020 order awarding the Estate … for leave to amend be granted liberally,' even if the ultimate merits of the amendment are uncertain." Prime …
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… APPELLATE DIVISION DOCKET NO. A-1733-19 COZZOLI MACHINE COMPANY, Plaintiff-Respondent, v. CROWN REAL ESTATE … Argued September 28, 2021 – Decided December 7, 2021 Before Judges Messano and Accurso. On appeal from the Superior … in 2010 and took title to the property in 2012; title ultimately vested with defendant Crown Real Estate Holdings, …
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… WILLIAMS and BLANCHE JONES, individually and as fiduciary for SHARON WILLIAMS, Defendants-Appellants. … WITH PREJUDICE, INSTEAD OF FINDING SUBSTANTIAL COMPLIANCE BY MS. WILLIAMS WITH N.J.S.A. 2A:53A-27, AND … or in-depth in their description of services rendered," ultimately, summary judgment was appropriate because the …
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… Submitted December 14, 2021 – Decided January 19, 2022 Before Judges Mayer and Natali. On appeal from the Superior … Jones issued a conforming January 20, 2020 order and a comprehensive and thorough written opinion that addressed … doubt," when considering the totality of the evidence, he ultimately had "no doubt Patel drove drunk." He also …
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… Argued January 5, 2022 – Decided January 14, 2022 Before Judges Whipple, Geiger, and Susswein. On appeal from … Part proceedings. The parties married in 1992. Following a complicated pregnancy, Jerry was born in 2000. At age three, … moved to have both parents appointed as co-guardians. Ultimately, by order dated December 2, 2020, the court …
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… Argued January 3, 2022 – Decided February 15, 2022 Before Judges Messano, Accurso, and Enright. On appeal from an … filed by defendants that the project, which had already commenced, would be significantly delayed, resulting in … was aware when it executed the Agreement that a court could ultimately void the contract. Furthermore, Taylor said …
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… Submitted February 14, 2022 – Decided February 24, 2022 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … allegedly failed to diagnose or detect signs of Acute Compartment Syndrome. On December 17, 2018, plaintiff first … or at least given her reasons for denying oral argument, ultimately, State defendants' due process rights were not …
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… Submitted April 28, 2022 – Decided May 6, 2022 Before Judges Mawla and Alvarez. On appeal from the Superior … She stated she went to defendant's house and he agreed to come to the Prosecutor's office to speak with detectives. … explained how to treat the video evidence and left the ultimate determination of the facts and credibility of the …
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… Submitted April 25, 2022 – Decided May 2, 2022 Before Judges Fasciale and Vernoia. On appeal from the … home. Id. at 3. M.F. testified the man gestured for M.F. to come over to the man's porch, but M.F. went directly into … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." Ibid.; see also State v. …
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… Argued June 9, 2022 – Decided July 25, 2022 Before Judges Hoffman, Geiger and Susswein. On appeal from the … to lot size, setbacks, land coverage, height, and parking." Com. Realty and Res. Corp. v. First Atl. Props. Co., 235 4 … history of the property and the testimony from the trial. Ultimately, the municipal judge was "convinced beyond a …
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… Submitted August 2, 2022 – Decided August 9, 2022 Before Judges Geiger and Rose. On appeal from the Superior … to third-degree possession of CDS in exchange for a recommended two-year non-custodial term of probation and … to demonstrate a reasonable likelihood his PCR claims would ultimately succeed on the merits. We reach this conclusion …
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… RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … of New Jersey charged juvenile M.P. with conduct which, if committed by an adult, would constitute second-degree … We have no doubt that the court alone is vested with the ultimate decision-making authority regarding any change in …
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… RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … the Office of the Public Defender to obtain and pay for the competency evaluation the court determined was required … the examination is to assist the judge " who must make the ultimate determination[] as to competency." State v. Moya, …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … matrimonial appeal, we consider whether a court may compel reimbursement of college tuition, forensic … defendant's child support obligation.3 Defendant's appeal, ultimately dismissed, and plaintiff's cross-appeal followed. …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … H. Outland was found guilty of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1, and … comporting with two particular rules of evidence, and the ultimate issue that must be addressed by the jury." Having …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … order, later confirmed as a final judgment, dismissing its complaint that challenged the Township's 2015 denial of a … to Chapter 91 requests run "the risk that the property will ultimately be found to be income-producing. In such a case, …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … he continued to earn less than the $400,000 average yearly compensation he alleged he earned at his prior job. … he would have earned had he not quit his job, and what he ultimately earned after securing substitute employment. He …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … a firearm presents a grave and clear danger to not only the community, but also to himself. To make matters worse, … is not unchecked because the assignment judge retains 'ultimate authority' to review the prosecutor's waiver …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Moores attempted to get payment from their flood insurance company and their homeowners' insurer. When those efforts … N.J. at 267-68). The court, not the parties, retains the ultimate authority to control the joinder of parties and …