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… JERSEY DEPARTMENT OF HUMAN SERVICES- DIVISION OF FAMILY NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … CROSS COUNTY ORTHOPAEDICS, P.C., PROGRESSIVE INSURANCE COMPANY, Defendants. _____________________________ Argued … "plaintiff[s were] somewhat complicit in the procedure ultimately employed." 407 N.J. Super. at 596. We may infer …
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… Submitted December 14, 2020 – Decided Before Judges Currier and Gooden Brown. On appeal from the … of stocks paid to defendant/ex-husband as part of his compensation as an executive of Ross Stores, Inc. For the … in sellable net shares of 1,724 shares, which were ultimately placed into the -1941 E-Trade account. …
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… Argued January 13, 2021 – Decided March 29, 2021 Before Judges Whipple, Rose and Firko. On appeal from the Tax … of a municipality's assessment of property, with the concomitant burden on the taxpayer to prove that the property's … analyzed the physical characteristics of the property. He ultimately determined the single- tenant opinion was the …
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… Submitted January 27, 2021 – Decided March 23, 2021 Before Judges Ostrer and Enright. On appeal from the Superior … 2019 denial of their motion to amend their answer, and the companion orders dated August 30, 2019 orders, which granted … Id. at 456. "Since dismissal with prejudice is the ultimate sanction, it will normally be ordered only when no …
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… Submitted December 2, 2020 – Decided Before Judges Geiger and Mitterhoff. On appeal from the … This appeal arises from a January 27, 2017 armed robbery committed by defendant outside a liquor store in Elizabeth. … offender extended term. And, while the State's motion was ultimately granted, the fifty-year NERA term initially …
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… Submitted January 19, 2021 – Decided March 10, 2021 Before Judges Currier and DeAlmeida. On appeal from the … officers were searching. Immediately after Agosta made his communication, Sergeant Schwint informed him over the radio … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Id. at 355 (quoting R. …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … after mortgage foreclosure to a portion of a residential community subject to defendant Iron Gate at Galloway … rooted in principles of equity, is used 'to compel the ultimate discharge of an obligation by the one who in good …
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… and ROBERT REYERS, and CLAUS AND REYERS COMPANY, a Delaware Corporation, Defendants. … Argued October 17, 2019 - Decided August 6, 2020 Before Judges Alvarez, Nugent, and Suter. On appeal from the … were made in furtherance of fraud. The trial court ultimately granted Habitate's motion in part but determined …
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… Submitted February 4, 2020 – Decided Before Judges Yannotti and Hoffman. On appeal from the … N.J.S.A. 2C:18-2 (count one); second-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2, N.J.S.A. 2C:18-2(a)(1) and … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22-10(b). To prevail …
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… Argued October 21, 2019 – Decided March 9, 2020 Before Judges Rothstadt and Mitterhoff. On appeal from the … entered by the Law Division that dismissed plaintiff's complaint, imposed sanctions against plaintiff and granted … various motions for injunctive relief, discovery, and ultimately the dismissal of the complaint and the entry of …
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… Submitted February 5, 2020 – Decided April 20, 2020 Before Judges Koblitz and Gooden Brown. On appeal from the … a spent 9mm shell casing in a shot glass inside the glove compartment of the vehicle's interior. After completing the … window to exhibit his [driving] credentials," the defendant ultimately admitted to the officer he had been "smoking …
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… telephonically March 23, 2020 – Decided April 14, 2020 Before Judges Sumners and Geiger. On appeal from the Board of … to N.J.S.A. 43:1-3 and N.J.A.C. 17:1-6.1. We affirm. I. Commencing on September 1, 1993, Cooke was employed by the … disability retirement benefits but was granted, and ultimately accepted, ordinary disability retirement benefits …
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… Argued February 26, 2020 – Decided April 13, 2020 Before Judges Koblitz, Whipple and Gooden Brown. On appeal … on February 14, 2018, Rothman filed a tax foreclosure complaint pursuant to N.J.S.A. 54:5-86 to -87 of the Tax 3 … more than 'substantial consideration'" regardless of "the ultimate sales price of the renovated property." Rotonda …
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… Submitted March 3, 2020 – Decided April 8, 2020 Before Judges Currier and Firko. On appeal from the Superior … by two police officers, who read the "Mercer County Uniform Complaint/Arrest Warrant Notice Form" to defendant, … demonstrating a reasonable likelihood that his claim will ultimately succeed on the merits. State v. Preciose, 129 …
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… APPELLATE DIVISION DOCKET NO. A-1761-18T2 JAMISON BRIDGEFORTH, Plaintiff-Appellant, v. COMPASS GROUP USA, INC., GOURMET DINING, LLC, TONY MOON, and … been waived. However, these new facts would not change the ultimate outcome of the original motion. [Plaintiff] does …
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… Argued January 9, 2020 – Decided June 3, 2020 Before Judges Nugent and DeAlmeida. On appeal from the … court granted defendant FCA US LLC's motion to dismiss the complaint with prejudice due to plaintiff Tyler J. … in view of the Supreme Court's admonition that the ultimate sanction of dismissal with 19 A-3194-18T2 prejudice …
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… Submitted March 18, 2020 – Decided June 2, 2020 Before Judges Whipple and Mawla. On appeal from the Superior … JERSEY CONSTITUTION WAS VIOLATED BY THE STATE'S FAILURE TO COMPLY WITH THE VIENNA CONVENTION OF CONSULAR RELATIONS. … N.J.S.A.39:4-129(a), among other charges that were ultimately dropped. It is not clear from the record what …
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… telephonically April 29, 2020 – Decided June 2, 2020 Before Judges Fuentes, Haas and Enright. On appeal from the … direct that defendant be resentenced in the event the outcome of defendant's suppression motion remains unchanged … of the vehicle. It also is not known if the dog would have ultimately reacted positively to the presence of narcotics …
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… Submitted March 31, 2020 – Decided June 18, 2020 Before Judges Gilson and Rose. On appeal from the Superior … 1:36-3. 2 A-3782-18T4 delinquent based on conduct that, if committed as an adult, would have constituted first-degree … as a juvenile, thus it was the trial judge who made the ultimate factual findings and considered the weight to be …
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… Submitted January 28, 2020 – Decided March 13, 2020 Before Judges Yannotti and Firko. On appeal from the Superior … experience[,]" the waistband is an area where individuals commonly carry firearms. Detective Hambrecht testified that … Id. 9 A-1602-18T3 at 8 (citing Terry, 392 U.S. at 21, 27). Ultimately, reasonable suspicion is "something less than the …