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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … defendants), and dismissed plaintiff's thirteen-count complaint alleging breach of contract and various negligence … in which both parties made certain concessions, but ultimately the court granted defendants a judgment of …
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… Cross-Appellant. Argued December 18, 2018 – Decided Before Judges Rothstadt, Gilson, and Natali. On appeal from … G.Y.'s employment as a police officer after finding he had committed disciplinary infractions, including two counts of … some legally competent evidence must exist to support each ultimate finding of fact to an extent sufficient to provide …
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… Argued October 10, 2018 – Decided February 26, 2019 Before Judges Suter and Firko. On appeal from Superior Court … drove up the street. She ran up to another person who was coming over to her, and he called 911. The police arrived … who robbed her. The trial court correctly determined "the ultimate burden remain[ed] on the defendant to prove a very …
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… Argued February 11, 2019 – Decided Before Judges Haas, Sumners and Mitterhoff. On appeal from … followed up with Dr. Basch, an orthopedic surgeon, who recommended more PT. He also discussed spinal injections and … spinal injection procedure, which made her nauseous and, ultimately, did little to alleviate her condition. As a …
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… Submitted February 25, 2019 – Decided April 4, 2019 Before Judges Messano and Gooden Brown. On appeal from … 2018 Family Part order, dismissing her domestic violence complaint and temporary restraining order NOT FOR … course of the day during telephone conversations. Plaintiff ultimately relented and returned to defendant's apartment …
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… Argued November 27, 2018 – Decided April 11, 2019 Before Judges Rothstadt and Gilson. On appeal from Superior … the trial court granted. At the time, however, due to a miscommunication, the prosecutor was unaware that the Office of … because they stemmed from a State investigation that was ultimately superseded by the 1 The State stipulated …
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… BUSINESS TRUST, Third-Party Defendants- Appellants, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … is a principal of Saminvest, a real estate investment company. In 2005 and 2006, Saminvest, through Samost, was … been contingent on the resolution of the zoning appeals. Ultimately, the judge concluded: [I]t's going to come down …
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… Submitted February 11, 2019 – Decided April 25, 2019 Before Judges Gooden Brown and Rose. On appeal from Superior … CPA, has determined his historical annual gross personal income to be between $115,000 and $130,000. Both parties … made "a preliminary showing of a reasonable probability of ultimate success on the merits"; and (4) "the relative …
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… telephonically April 3, 2019 – Decided April 24, 2019 Before Judges Nugent and Mawla. On appeal from Superior Court … for nearly twenty-four years at the time plaintiff filed a complaint for divorce in November 2014. During the marriage, … incurred after the date of complaint. The marital residence ultimately sold in September 2015, and the parties followed …
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… Submitted January 23, 2019 – Decided May 21, 2019 Before Judges Fisher and Hoffman. On appeal from Superior … investigation, failed to argue a key witness for the State committed perjury, and failed to contact witnesses from a … coercion leading to her identification of [defendant]." Ultimately, the judge denied defendant's petition. This …
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… Argued May 14, 2019 – Decided July 3, 2019 Before Judges Yannotti and Gilson. On appeal from the Superior … wholesale or storage establishments; research laboratories; computer centers; and general business and professional … 108 N.J. Super. at 16-17). The applicant bears the ultimate burden of demonstrating that a pre- existing, …
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… Submitted May 15, 2019 – Decided July 15, 2019 Before Judges Koblitz, Currier and Mayer. On appeal from the … robbery, N.J.S.A. 2C:15-1; second- degree conspiracy to commit armed robbery of employees of the gas station, … that struck the deceased victim. Although defendant's ultimate sentence was considerably more severe than that of …
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… ______________________________ NATIONWIDE INSURANCE COMPANY OF AMERICA and NATIONWIDE INSURANCE NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … and underwent medical treatment and fusion surgeries, each ultimately exhausting the $250,000 PIP limit. Nationwide …
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… Argued May 21, 2019 – Decided August 27, 2019 Before Judges Rothstadt, Gilson and Natali. On appeal from the … from a June 29, 2018 Law Division order dismissing their complaint against defendant State Operated School District … provides that "[t]he board of education shall have the ultimate burden of demonstrating to the arbitrator that the …
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… Argued May 2, 2019 – Decided August 22, 2019 Before Judges O'Connor and Whipple. On appeal from the … – you know, I need you to talk to me. None of Gosweiler's comments induced defendant to answer any questions. After … In fact, after many questions were posed to him, defendant ultimately told the detectives that he did not want to waste …
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… Argued September 9, 2019 – Decided October 7, 2019 Before Judges Fasciale, Rothstadt and Moynihan. On appeal from … made their request for documents under OPRA and the common law (the OPRA action). The second is a tort action … pursuant to N.J.S.A. 47:1A-10. Ibid. And, the GRC ultimately concluded that the custodian lawfully denied the …
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… Argued September 10, 2019 – Decided Before Judges Messano, Ostrer and Vernoia. On appeal from the … but remained a defendant at trial on his daughter's complaint. 3 A-3119-17T4 protection (PIP) benefits. … by this accident, or degenerative in nature. The judge ultimately ruled Mr. Napolitano was "unavailable" and the …
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… Submitted October 28, 2019 – Decided Before Judges Sabatino and Sumners. On appeal from the … who explained the theory of Child Sexual Abuse Accommodation Syndrome (CSAAS) regarding "a child's often … that he will face. . . ." Reddish, 181 N.J. at 595. Ultimately, the focus "must be on the defendant's actual …
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… Argued January 14, 2020 – Decided February 12, 2020 Before Judges Hoffman, Currier and Firko. On appeal from the … with three bullet wounds. He recognized the man from the community as Kason Wilson. Edgar also observed three spent … and Loco left the apartment, Pearson heard two gunshots. Ultimately, defendant was arrested on September 5, 2011. At …
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… Submitted January 21, 2020 – Decided Before Judges Sumners and Geiger. On appeal from the Superior … defendant to get on the ground. After defendant failed to comply, the police unsuccessfully attempted to gain control … as being issued by a judge)." Id. at 147. The jury ultimately convicted defendant of weapons charges. Id. at …