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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … an October 11, 2024 order denying its motion to dismiss the complaint of plaintiff Borough of Caldwell ("Caldwell") for … as well. For completeness' sake, we note that Caldwell may ultimately prevail on either of those theories, but not on …
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… Argued November 12, 2025 – Decided December 1, 2025 Before Judges Susswein and Chase. On appeal from the Superior … sixteen- count indictment with second-degree conspiracy to commit carjacking, robbery and aggravated arson, N.J.S.A. … comment on that issue. 8 A-3418-23 [(Emphasis added).] Ultimately, after weighing the aggravating and mitigating …
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… Submitted November 18, 2025 – Decided December 5, 2025 Before Judges Gilson and Perez Friscia. On appeal from the … is limited . R. 1:36-3. 2 A-0936-24 motion to dismiss her complaint with prejudice under Rule 4:23-5(a)(2). Having … 4:23-5(a)(3). "[B]ecause dismissal with prejudice is 'the ultimate sanction,' it should be imposed 'only sparingly' …
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… Submitted October 15, 2025 – Decided November 20, 2025 Before Judges Susswein and Augostini. On appeal from the … N.J.S.A. 2C:25- 17 to -35. The judge found defendant committed two predicate acts of domestic violence: … going to hit" her. Feeling unsafe, D.D. called 911, and ultimately left the home. It was after this incident that …
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… Submitted January 27, 2026 – Decided February 5, 2026 Before Judges Perez Friscia and Vinci. On appeal from the … Special Civil Part order dismissing his breach of lease complaint against NOT FOR PUBLICATION WITHOUT THE APPROVAL … of one and all claims against each other." The court ultimately determined defendant "fulfilled the obligation to …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON … of the tests were not publicly disclosed until 2008, ultimately triggering a substantial drop in the company’s …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … the Board's motion for summary judgment and dismissing his complaint in which he alleged his termination violated the … plaintiff, establish a course of conduct by the Board that ultimately resulted in his termination. A jury could …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY MIDDLESEX … Decided: March 13, 2018 Elliot E. Braun, attorney for plaintiffs (Law Offices of Jan Meyer & Associates, … the purpose of the waiver of subrogation provision.” Ibid. Ultimately, the Appellate Division explained that because …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY SUSSEX … Decided: May 22, 2017 Shaina Brenner, Assistant Prosecutor, for plaintiff (Francis A. Koch, Sussex County Prosecutor, … municipal matters during his Drug Court special probation. Ultimately, defendant successfully graduated 4 On December …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY HUDSON … has been filed. Nonetheless, defendants seek to revisit an order that already is final and to compel the NJDOT … internal editing marks omitted). The fact that the Court’s ultimate determination is that the condemnation action …
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… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … OPINION Decided: August 25, 2020 Mara P. Codey, attorney for defendants, Sponzilli Landscaping Group, Inc. and … exercised 'for good cause shown and in the service of the ultimate goal of substantial justice.'" Casino Reinvestment …
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… Argued September 28, 2022 – Decided November 15, 2022 Before Judges Messano, Gilson, and Gummer. On appeal from the Division of Workers' Compensation, Department of Labor and Workforce Development, … novo. Hersh v. County of Morris, 217 N.J. 236, 243 (2014). Ultimately, if an "appellate court finds sufficient credible …
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… * NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE … of a substantial and meaningful change in value. The court ultimately determined that Lyndhurst failed to meet that …
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… Defendant-Appellant. Submitted February 1, 2017 – Decided Before Judges Fuentes, Carroll and Gooden Brown. On appeal … and sentenced to a consecutive ten-year prison term. In a companion opinion we release simultaneously with this … this mitigating factor here, we agree with the State that ultimately it does not change the sentencing calculus. …
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… Submitted November 10, 2022 – Decided February 10, 2023 Before Judges Gooden Brown and Mitterhoff. On appeal from the … an Essex County indictment with second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1 (count one); two … alleged in the light most favorable to the defendant, will ultimately 17 A-0255-21 succeed on the merits.'" State v. …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … That same day, defendant appeared in the SCPO office accompanied by his attorney, waived his Miranda1 rights and … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … wife, Plaintiffs-Appellants, v. FRANKLIN MUTUAL INSURANCE COMPANY, Defendant-Respondent, and THE FMI COMPANIES,1 COLIN … unsuccessful efforts, twice, to repair the well and ultimately, plaintiffs' replacement of the well, which …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … DOCKET NO. A-3834-12T3 SAE POWER INCORPORATED and SAE POWER COMPANY, Plaintiffs-Respondents, v. AVAYA INCORPORATED, … unit distributor. SAE participated in this process, but was ultimately not selected. When notified of Avaya's decision, …
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… Submitted January 19, 2022 – Decided November 23, 2022 Before Judges DeAlmeida and Smith. NOT FOR PUBLICATION WITHOUT … vacating the dismissal of plaintiff State of New Jersey's complaint; (2) the October 16, 2020 order granting the … 2018, Fuqua was incarcerated by the State on charges that ultimately lead to his conviction. Yet, the State did not …
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… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE … vetoing the legislation to maintain tax revenues that would ultimately help fund public schools. When the Gross Income …