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… telephonically April 3, 2019 – Decided April 24, 2019 Before Judges Nugent and Mawla. On appeal from Superior Court … for nearly twenty-four years at the time plaintiff filed a complaint for divorce in November 2014. During the marriage, … incurred after the date of complaint. The marital residence ultimately sold in September 2015, and the parties followed …
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… Argued May 14, 2019 – Decided July 3, 2019 Before Judges Yannotti and Gilson. On appeal from the Superior … wholesale or storage establishments; research laboratories; computer centers; and general business and professional … 108 N.J. Super. at 16-17). The applicant bears the ultimate burden of demonstrating that a pre- existing, …
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… ______________________________ NATIONWIDE INSURANCE COMPANY OF AMERICA and NATIONWIDE INSURANCE NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … and underwent medical treatment and fusion surgeries, each ultimately exhausting the $250,000 PIP limit. Nationwide …
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… Submitted May 1, 2018 – Decided July 30, 2018 Before Judges Hoffman and Mitterhoff. On appeal from Superior … his Miranda rights, defendant was uncooperative and made comments that there was no evidence against him. Detective … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." Id. at 141. In this case, …
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… Argued November 27, 2018 – Decided April 11, 2019 Before Judges Rothstadt and Gilson. On appeal from Superior … the trial court granted. At the time, however, due to a miscommunication, the prosecutor was unaware that the Office of … because they stemmed from a State investigation that was ultimately superseded by the 1 The State stipulated …
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… Submitted February 25, 2019 – Decided April 4, 2019 Before Judges Messano and Gooden Brown. On appeal from … 2018 Family Part order, dismissing her domestic violence complaint and temporary restraining order NOT FOR … course of the day during telephone conversations. Plaintiff ultimately relented and returned to defendant's apartment …
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… Argued October 10, 2018 – Decided February 26, 2019 Before Judges Suter and Firko. On appeal from Superior Court … drove up the street. She ran up to another person who was coming over to her, and he called 911. The police arrived … who robbed her. The trial court correctly determined "the ultimate burden remain[ed] on the defendant to prove a very …
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… Argued February 11, 2019 – Decided Before Judges Haas, Sumners and Mitterhoff. On appeal from … followed up with Dr. Basch, an orthopedic surgeon, who recommended more PT. He also discussed spinal injections and … spinal injection procedure, which made her nauseous and, ultimately, did little to alleviate her condition. As a …
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… Cross-Appellant. Argued December 18, 2018 – Decided Before Judges Rothstadt, Gilson, and Natali. On appeal from … G.Y.'s employment as a police officer after finding he had committed disciplinary infractions, including two counts of … some legally competent evidence must exist to support each ultimate finding of fact to an extent sufficient to provide …
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… Submitted October 23, 2018 – Decided Before Judges Geiger and Firko. On appeal from Superior Court … Defendant then picked her up and called the boys to accompany him to the hospital. [Id. at 480.] At the hospital, … alleged in the light most favorable to the defendant, will ultimately succeed on the merits. Ibid. Defendant did not …
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… Argued May 17, 2017 – Decided August 3, 2017 Before Judges Alvarez, Accurso and Lisa. On appeal from … had been paid through the filing date of the foreclosure complaint. In its answer, the Township acknowledged its … first instance be financed by the actual users but should ultimately be borne by all the properties benefited, …
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… Submitted May 2, 2017 – Decided Before Judges Fasciale and Sapp-Peterson. On appeal from the … summary judgment, and dismissing with prejudice, his complaint against defendants, the State of New Jersey, the … Passaic Cty., 377 N.J. Super. 585, 608-09 (App. Div. 2005). Ultimately, the question of whether an employer's action …
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… Argued March 1, 2017 – Decided August 29, 2017 Before Judges Fuentes, Carroll and Gooden Brown. On appeal … to November 2015. On January 7, 2016, plaintiff filed a complaint against defendant seeking injunctive relief under … leave him alone[.]" The court concluded that defendant's "ultimate purpose was to get plaintiff to respond to [her] …
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… Argued February 14, 2017 – Decided Before Judges Messano, Espinosa and Suter. On appeal from the … Union County because one of defendant's trial counsel had become a Superior Court judge in Middlesex County. PCR counsel … the stain on the box spring came from more than two people. Ultimately, however, the judge determined "[t]here were …
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… Submitted September 19, 2017 – Decided Before Judges Yannotti and Mawla. On appeal from Superior … POINT III THE DEFENDANT WAS PREJUDICED BY THE PREMATURE COMMENCEMENT OF HIS TRIAL. POINT IV SEEN EVEN UNDER THE MOST … alleged in the light most favorable to the defendant, will ultimately succeed on the merits. Furthermore, Rule …
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… and ECKERD CORPORATION, MICHELLE CAGA and LISA FORD, Defendants. _____________________________ Argued … gay man, appealed from a judgment dismissing his complaint after the first trial in this almost ten-year-old … of defendants Eckerd Corporation and Rite Aid . . . ultimately becoming manager of a Rite Aid store in Spring …
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… Argued February 12, 2018 – Decided Before Judges Ostrer and Whipple. On appeal from Superior … contact with plaintiff or the children. Plaintiff filed a complaint for divorce in May 2012. In October 2012, the … made "a preliminary showing of a reasonable probability of ultimate success on the merits"; and (4) "the relative …
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… Argued March 21, 2017 – Decided Before Judges Ostrer and Leone. On appeal from the Commissioner of Banking and Insurance. Gregg S. Sodini … license or the business entity itself. Even if Pucillo is ultimately proven to have engaged in illegality, the assets …
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… Submitted December 20, 2018 – Decided Before Judges Simonelli and Whipple. On appeal from Superior … a juvenile, was adjudicated delinquent for an act which, if committed by an adult, would constitute the crimes of … of irreparable misidentification," the defendant's "ultimate burden." See Henderson, 208 N.J. at 288-289. The …
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… Defendant-Appellant. Submitted October 17, 2018 – Decided Before Judges Alvarez and Nugent. On appeal from Superior … and "coherent." At around 11:00 p.m., when M.W. heard "a commotion," she went outside and saw Taylor arguing with … 245 (1988) (citing Wade, 388 U.S. at 240). However, "the ultimate burden remains on the defendant to prove a very …