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… Submitted October 31, 2017 – Decided Before Judges Fisher, Sumners and Moynihan. On appeal from … – that is a jury call – but that it was sufficient to compel lesser-included jury instructions. Instead of … that they were a "class match," leaving to the jury the ultimate determination. Reversed and remanded for a new …
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… CORPORATION, Plaintiff-Appellant, v. MAINARDI MANAGEMENT COMPANY, LP and UNION MEDICAL PARK, LLC, … Argued January 24, 2017 – Decided Before Judges Espinosa and Guadagno. On appeal from the … informal written decisions, or reasons given for the ultimate conclusion." Do-Wop Corp. v. City of Rahway, 168 …
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… Submitted November 14, 2018 – Decided Before Judges Gilson and Natali. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2016-3090 and 2016-3565. William B. … 449 N.J. Super. 409, 426 (App. Div. 2017) (explaining the ultimate question for an appellate court is whether the …
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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 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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… 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 … 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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… of his motions to suppress child-pornography files found on computer equipment in his home and his statement to a Warren … a resident and reasonably believes that the door is used by visitors, he is not [acting] unconstitutionally[.]"). … think[s] he will be amenable to probation." The court ultimately afforded substantial weight to the aggravating …
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… Submitted May 19, 2020 – Decided June 25, 2020 Before Judges Yannotti and Hoffman. On appeal from the … 3, 2009, an African-American male entered the store, complained that the lines 3 A-4615-18T1 were too long, and … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.’" State v. Porter, 216 …
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… ALLIANCE NETWORKS, INC., CIGNA HEALTH AND LIFE INSURANCE COMPANY, and EDWARD DAVIS, Defendants-Respondents. … Submitted May 20, 2020 – Decided June 22, 2020 Before Judges Koblitz, Gooden Brown and Mawla. On appeal from … the validity of a compromise disposition."). 7 A-0626-19T1 Ultimately, plaintiff refused to execute the settlement …
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… (Seton Hall) dismissing counts one and two of Capra's complaint; and an April 12, 2019 order granting summary … which was "extensive, rigorous and contemplative." Ultimately, he concluded that "Capra's record as a whole did … and one of your own professors) is not a basis to revisit the substantive and reasoned decisions made before my …
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… telephonically March 26, 2020 – Decided May 28, 2020 Before Judges Whipple, Gooden Brown, and Mawla. On appeal from … organization, the jail has a very strict chain of command. The Morris County Sheriff's Office Bureau of … content of a plaintiff's job responsibilities—and law—the ultimate constitutional significance of those facts. Flora …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3753-19 BCB COMMUNITY BANK, Plaintiff-Respondent, v. NICHOLAS … Submitted April 27, 2021 – Decided June 2, 2021 Before Judges Mawla and Natali. On appeal from the Superior … $1,209,870 remained on the Sparta mortgage. Defendants ultimately applied for a mortgage from plaintiff for the …
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… Argued April 21, 2021 – Decided May 20, 2021 Before Judges Sumners, Geiger, and Mitterhoff. On appeal from … XXIX, LLC (SMS) and third-party defendant Surety Title Company, LLC2 (Surety) and dismissing all claims, … through a Loan Purchase Agreement dated June 14, 2013. SMS ultimately agreed to accept $30,000 from the short sale …
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… Submitted September 23, 2020 – Decided August 20, 2021 Before Judges Fuentes, Whipple and Rose. On appeal from the … it was only as to that charge. So I've asked everyone to come back, reconvene . . . so that I could correct that … but as an unacceptable act of betrayal that warranted the ultimate punishment. Furthermore, defendant did not act on …
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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 13, 2019 – Decided May 1, 2020 Before Judges Fuentes and Accurso. NOT FOR PUBLICATION WITHOUT … the record developed before the court, we reverse. The competent evidence does not support the court's findings and ultimate legal conclusion that Becica occupied this property …
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… BUCKEYE PIPE LINE CO., LP, CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY, CHEVRON U.S.A. INC., CONOPCO, INC., CONSOLIDATED … WAKEFERN FOOD CORPORATION, Plaintiffs-Appellants, v. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … involve "non-monetary damages" simply because it entailed, ultimately, the payment of money. That position would read …
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… Submitted March 16, 2020 – Decided April 14, 2020 Before Judges Sabatino and Natali. On appeal from the Superior … children together. A dual judgment of divorce, with an accompanying matrimonial settlement agreement, was entered by … the "unfortunate effect of yielding more heat than light, ultimately leaving unresolved the central issues raised by …