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… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON … argues that since dismissal with prejudice is the “ultimate sanction”, it is ordered only when no lesser …
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… Submitted November 29, 2023 – Decided March 5, 2024 Before Judges Vernoia and Walcott-Henderson. On appeal from … on the PCR petition, Judge Robert H. Hanna issued a comprehensive and well-reasoned thirty-six-page written … against Detective Thiel was "unsupported." The trial court ultimately concluded defendant "failed to shoulder his …
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… Submitted October 3, 2023 – Decided January 18, 2024 Before Judges Gooden Brown and Natali. On appeal from the … a New Jersey real estate investment limited liability company, purchased the property for $97,900. On December 30, … inspection" on June 17, 2020. According to Rodriquez, they ultimately "passed all inspections," "have been working on …
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… YMCA, Plaintiffs-Appellants, v. THE NORTH RIVER INSURANCE COMPANY, UNITED STATES FIRE INSURANCE COMPANY, and … Argued November 28, 2023 – Decided February 21, 2024 Before Judges Gooden Brown and Natali. NOT FOR PUBLICATION … consequential damages for defendants' breach of contract. Ultimately, defendants moved for summary judgment, which was …
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… Submitted May 2, 2023 – Decided June 23, 2023 Before Judges Messano and Rose. On appeal from the Superior … later to his parents and police. Ibid. The child's badly decomposed remains were not recovered on the marshy banks of … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" State v. Porter, 216 …
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… Submitted December 12, 2022 – Decided June 27, 2023 Before Judges Whipple, Mawla, and Smith. On appeal from the … and police obtained a search warrant for the trailer component which uncovered hidden drugs. After a hearing, the … He contends a canine sniff was unnecessary because Williams ultimately provided the officers with his identifying …
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… Argued April 17, 2024 – Decided May 30, 2024 Before Judges Currier and Susswein. On appeal from the … not wish to obtain a temporary restraining order (TRO) or complete an affidavit that evening. Because P.K. was heavily … slip op. at 7.] We added, "[s]hould the trial court ultimately determine the warrant is invalid, the evidence …
njcourts.gov
… opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … The Association is managed by a Board of Trustees (Board), comprised of seven members, who are all unit owners. … judgment but remanded the matter for reconsideration of the ultimate amount of attorneys’ fees. We hold that the …
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… Submitted May 29, 2024 – Decided June 5, 2024 Before Judges Gooden Brown and Natali. On appeal from the … sorry for raping you and . . . if I promise to never . . . come back 1 To establish ineffective assistance of counsel, … retain an expert is strategic as "calling an expert whose ultimate opinion on cross-examination may have been …
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… Submitted October 25, 2023 – Decided November 22, 2023 Before Judges Enright and Paganelli. On appeal from the … We glean the facts from the motion records. Defendant is a combat veteran of the United States Army. He also served in … to 2005 led to the deterioration of his mental health and, ultimately, his criminal convictions. Defendant's legal …
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… Argued October 16, 2023 – Decided December 11, 2023 Before Judges Sabatino, Mawla, and Vinci. On appeal from the … (a) A person is guilty of carjacking if in the course of committing an unlawful taking of a motor vehicle . . . [that … State has met its burden of proof. Id. at 419. The Court ultimately ruled that the trial judge's failure to explain …
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… LIMITED I/S/H/A MACQUORIE GROUP LIMITED, KIEWIT DEVELOPMENT COMPANY, and THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, … Submitted February 6, 2025 – Decided March 4, 2025 Before Judges Mawla, Natali, and Vinci. On appeal from the … to duties." Dunphy v. Gregor, 136 N.J. 99, 108 (1994). "Ultimately, [determining] whether a duty exists is a matter …
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… Argued October 9, 2024 – Decided January 9, 2025 Before Judges Gooden Brown and Smith. NOT FOR PUBLICATION … defendant failed to appear for trial on plaintiffs' fraud complaint, the judge converted the trial to a proof … they filed demands for arbitration on behalf of HBI, ultimately obtaining arbitration awards that led to the …
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… below: Page 3, last line of paragraph – “a cause of action for” added; Page 9, footnote 5, “Borough of” added to … second line - “taxpayer’s and the taxing district’s complaints” added; Page 14, first paragraph, line 4 changed … the Tax Court proceedings, plaintiff retains the burden of ultimate persuasion to upset the county tax board judgment …
njcourts.gov
… Plaintiff-Appellant, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, THE TRAVELERS INDEMNITY COMPANY, TRAVELERS PROPERTY … HOME ASSURANCE COMPANY, Defendants-Respondents. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … unlike Sensient Colors, there was no concern about "the ultimate remediation of the site" in view of "the earlier …
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… Argued April 26, 2023 – Decided July 11, 2024 Before Judges Gooden Brown and DeAlmeida. On appeal from an … agreements with Gambardella, which resulted in each becoming fifty- percent shareholders of OAH. CS represented … courts do not 'defer to the trial judge's findings' or ultimate decision." Hudson, 443 N.J. Super. at 282 (quoting …
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… Submitted March 13, 2025 – Decided March 19, 2025 Before Judges Mawla and Vinci. On appeal from the Superior … of the proceedings. On September 24, jury selection recommenced. On October 1, while jury selection was … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22-10(b). The …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … court did not abuse its discretion in ordering defendant to comply with explicit and detailed provisions of the MSA. Nor … Revisions to the initial draft were exchanged. The parties ultimately agreed to and executed the MSA, and both …
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… Argued June 7, 2023 – Decided October 4, 2023 Before Judges Accurso, Vernoia and Natali. On appeal from the … upon a showing that such use in a specified location will comply with the conditions and standards for the location or … to store 400 cars on the site but reduced it to 366 and ultimately to 300 to accommodate the Board's engineer's …
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… Submitted May 29, 2024 – Decided September 16, 2024 Before Judges Gooden Brown and Natali. NOT FOR PUBLICATION … January 28, 2022, filed an order to show cause and verified complaint, seeking custody, 2 A Dodd removal refers to the … with her daughter and was compliant with services. Ultimately, the judge granted defendant joint legal custody …