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njcourts.gov
… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS NAUTILUS INSURANCE COMPANY AS SUBROGEE … Civil Action Decided: July 21, 2017. Sandra S. Grossman for Plaintiff (Law Offices of Steven G. Kraus, attorneys). … New York law, only the contractual language, and not the “ultimate intended use of a building is determinative” in …
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njcourts.gov
… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY MONMOUTH … Decided: August 18, 2020 Lynn E. Staufenberg, for plaintiff (Zager Fuchs, PC, attorneys). Robin Jill … and he complied with it. While Plaintiff’s conclusion was ultimately wrong, the court cannot find that Plaintiff’s …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE … the Commissioner published a notice of public sale in a newspaper. Ibid. Eventually, the respondent submitted a … Peralta suffered no harm since the same judgment would have ultimately been entered. Id. at 82-84. Peralta countered …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE … 1.40, and 1.24 based on its CBT-100S returns. The auditor ultimately determined to use the 1.35 ratio for all years to …
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njcourts.gov
… Argued June 8, 2017 – Decided Before Judges Hoffman, O'Connor and Whipple. On appeal from … her in the kitchen and told her to go outside. She complied and, approximately one hour later, defendant came … that, although the court considered this factor, the court ultimately rejected it as inappropriate. Defendant maintains …
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njcourts.gov
… Submitted February 7, 2017 – Decided Before Judges Fisher, Ostrer and Leone. On appeal from the … the admission of testimony about the Child Sex Abuse Accommodation Syndrome (CSAAS) constituted plain error and his … testimony was brief and avoided opining about the ultimate issue. To the extent Dr. Esquilin observed that …
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njcourts.gov
… Submitted May 2, 2017 – Decided Before Judges Ostrer and Vernoia. On appeal from the Superior … his photograph from the New Jersey Motor Vehicle Commission and showed it to Doe, who confirmed he bought … was, as here, strictly related to the investigation that ultimately resulted in the arrest. Id. at 387-88 (stating …
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njcourts.gov
… Argued January 25, 2017 – Decided Before Judges Simonelli and Carroll. On appeal from the … Within twenty-four hours of defendant's arrest, Letavish completed an arrest packet. The packet included his … 105 S. Ct. 2778, 2783, 86 L. Ed. 2d 370, 378 (1985). Ultimately, "courts will not inquire into the motivation of …
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njcourts.gov
… Submitted January 23, 2017 – Decided Before Judges Nugent and Haas. On appeal from Superior Court … spoke Spanish somewhat fluently and had no difficulty communicating in Spanish on a day-to-day basis. He spoke in … Defendant further argues that "[e]ven if she did otherwise ultimately give a knowing consent, the search was …
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njcourts.gov
… Submitted March 28, 2017 – Decided Before Judges Fasciale and Sapp-Peterson. On appeal from … employed until his termination in June 2014. As part of his compensation package, plaintiff maintained a retirement … funds. Plaintiff failed to respond to this request. This ultimately generated significant additional work not only …
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njcourts.gov
… Argued January 26, 2017 – Decided Before Judges O'Connor and Whipple. On appeal from New Jersey … years of age and Adam was two. The Department immediately commenced an investigation, which included interviewing the … he may believe as a lay person. "[An expert] is not the ultimate trier of fact; that is the role of the …
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njcourts.gov
… Defendants, and PHILIP BLANCH and ROBERT J. GORMAN, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … that Peter Paul Kaminski (Peter)1 was the victim of fraud committed by his daughter, Pauline Kaminski (Pauline), and … equity in the Wayne home he has occupied since 1953, and ultimately led to the filing of a foreclosure action by DB50 …
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njcourts.gov
… Submitted October 6, 2016 – Decided Before Judges Fuentes and Gooden Brown. On appeal from the … (NERA), N.J.S.A. 2C:43-7.2. Defendant was also sentenced to community supervision for life, N.J.S.A. 2C:43-6.4, and … and reason to fabricate together with expert testimony, and ultimately with all of that the jury believed [the victim] . …
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njcourts.gov
… Submitted February 6, 2018 – Decided Before Judges Carroll and Mawla. On appeal from Superior Court … in 2004. Plaintiff then obtained a new job with a printing company and earned $38,000 annually until he retired in … instead contended he should be awarded fifty percent. Ultimately, the judge concluded: [Plaintiff] is entitled to …
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njcourts.gov
… 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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njcourts.gov
… Plaintiff-Appellant, v. HARCO NATIONAL INSURANCE COMPANY, ADMINISTRATOR FOR STATE NATIONAL INSURANCE COMPANY, Defendant-Respondent. … purposely not being operated shifts to the claimant, the ultimate burden of persuasion as to the appropriateness of …
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njcourts.gov
… Submitted June 7, 2017 – Decided Before Judges Carroll and Gooden Brown. On appeal from … counts consisted of sexual assault and related offenses committed against four other victims. Counts one through … expert assistance . . . [or] to express a view on the ultimate question of guilt or innocence." Id. at 461. …
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njcourts.gov
… Respondent. _______________________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … the street runs through the NHA's Seth Boyden Project Complex, which was vacant and abandoned at the time of the … Blank gave notice to and sued the homeowners, whose counsel ultimately informed Blank the pipe belonged to the city. …
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njcourts.gov
… Argued November 27, 2017 – Decided Before Judges Accurso and Vernoia. On appeal from Superior … offense. N.J.S.A. 2C:39-5(b). A third-degree offense is committed when there is unlawful possession of a "handgun in … . . . ." Id. at 288-89. However, defendant bears the "ultimate burden . . . to prove a very 14 A-1378-16T1 …
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njcourts.gov
… Submitted December 12, 2017 – Decided Before Judges Yannotti and Leone. On appeal from Superior … a reasonable likelihood that his or her claim will ultimately succeed on the merits." Ibid. The court must view … late filing of a petition is equated with incorrect or incomplete advice, long-convicted defendants might routinely …