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- A-2897-17T3/A-4402-17T3 Opinionnjcourts.gov… Argued March 7, 2019 – Decided May 2, 2019 Before Judges Whipple and Firko. On appeal from Superior Court … motion for reconsideration summarily dismissing his complaint in which he attempted to set aside decedent, Lucy … exercised 'for good cause shown and in the service of the ultimate goal of substantial justice.'" Casino Reinvestment …
- A-1138-17T4 Opinionnjcourts.gov… Argued January 22, 2019 – Decided April 26, 2019 Before Judges Haas, Sumners and Mitterhoff. On appeal from … F. Hernandez was convicted of first-degree conspiracy to commit the murder of Jose Luis Ortiz, N.J.S.A. 2C:11-3(a)(1) … or knowing serious bodily injury of Bernal, which ultimately resulted in Bernal's death. The clear essence of …
- A-4710-16T3 Opinionnjcourts.gov… Submitted March 7, 2019 – Decided April 24, 2019 Before Judges Simonelli and Firko. On appeal from Superior … 2C:35-5(b)(11) (Count V); possession of a firearm while committing a CDS offense, second-degree, N.J.S.A. … merely establishes the mechanism by which a trial court ultimately will determine whether a genuine 23 A-4710-16T3 …
- A-2898-16T4 Opinionnjcourts.gov… Argued October 17, 2018 – Decided July 9, 2019 Before Judges Fuentes, Accurso and Vernoia. On appeal from the … behalf of themselves and others similarly situated, filed a complaint alleging defendants and their co-defendants, … and judgments and not from . . . reasons given for the ultimate conclusion"), and a respondent on appeal may assert …
- A-3169-16T4 Opinionnjcourts.gov… Argued January 30, 2019 – Decided July 3, 2019 Before Judges Koblitz, Ostrer and Currier. On appeal from the … surprised to find Sylvia was not alone. Her son Xavier had come to help his parents and stood with his mother in the … to dismiss the indictment before a second judge, who would ultimately preside over the trial, arguing the missing …
- A-3715-16T3 Opinionnjcourts.gov… Argued February 5, 2019 – Decided June 21, 2019 Before Judges Rothstadt, Gilson and Natali. On appeal from … She also alleged that the officer made sexually suggestive comments and gestures towards her. Plaintiff told the … defendant had no reason to believe that evidence would not ultimately be produced. Similarly, as to the civil action …
- A-3275-17T4/A-3382-17T4 Opinionnjcourts.gov… sentenced both defendants in accordance with the State's recommendations. Defendants now appeal from a June 17, 2016 … officers who testified were highly credible and reliable." Ultimately, the judge determined both motor vehicles were … because the resident has given implicit consent to visitors to approach the home that way." State v. Domicz, …
- A-5140-16T1 Opinionnjcourts.gov… Submitted October 28, 2019 – Decided Before Judges Fasciale and Moynihan. On appeal from the … Suggs was the sole witness who testified to his alleged comment about shooting the victim in the eye, and no … The judge devoted considerable attention to factor nine, ultimately finding the factor favored a finding of …
- A-2889-17T2 Opinionnjcourts.gov… not express any concerns with the promotion process. The composition of the Department was defined under Chapter 51 … spent at the deposition on matters that would have to be revisited due to plaintiff's behavior. Counsel stated he spent … public concern requirement is not satisfied where a lawsuit ultimately seeks to advance interests personal to the …
- A-5570-17T4 Opinionnjcourts.gov… with Landrum inside the house. When Lanaras heard "commotion inside," he interceded and removed Landrum from … the Tenant's family members, domestic employees, guests or visitors. According to plaintiff, paragraph 22 makes it … Chi [h]ouse, and whether that 19 A-5570-17T4 negligence ultimately led to a for[e]seeable and violent assault is an …
- A-2543-18/A-3415-18 Opinionnjcourts.gov… (A-3415-18) November 29, 2021 – Decided January 6, 2022 Before Judges Messano and Enright. NOT FOR PUBLICATION WITHOUT … reached for his own gun and trained it on Williams. Johnson commanded Williams to show his hands and not to move. … him from absconding. Johnson struggled to detain Islam but ultimately handcuffed him to a railing while Islam attempted …
- A-0131-20 Opinionnjcourts.gov… Argued February 3, 2021 – Decided December 30, 2021 Before Judges Ostrer, Accurso and Vernoia. NOT FOR PUBLICATION … conduct could be measured and determined to be incompatible with a clear mandate of public policy, as … was not fit for duty. The termination decision "was ultimately modified to reflect a resignation in good …
- A-1645-19 Opinionnjcourts.gov… COUNTY IMPROVEMENT AUTHORITY, and STATE OF NEW JERSEY, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … was not a part of the approved design. Construction was completed in 1995, with the Department's resident engineer … the Hamilton Avenue light rail station with the Arena ultimately died because none of the concerned public …
- A-3188-18 Opinionnjcourts.gov… Submitted November 16, 2020 – Decided December 2, 2021 Before Judges Currier, Gooden Brown and DeAlmeida. On appeal … When later questioned by a detective, defendant admitted to committing various acts of sexual abuse on Anna at the … of discharging their function as fact finders on the ultimate issue of guilt or innocence." Ibid.4 The State …
- A-3206-18/A-3951-18 Opinionnjcourts.gov… (A-3951-18) December 9, 2021 – Decided March 10, 2022 Before Judges Alvarez and Haas. NOT FOR PUBLICATION WITHOUT … The officers followed the proper procedures, [and] completed a show[-]up identification worksheet for each … despite finding that Calero was not a credible witness. She ultimately concluded the stop was lawful because: 10 …
- A-0976-18 Opinionnjcourts.gov… Submitted February 3, 2022 – Decided February 23, 2022 Before Judges Mawla and Mitterhoff. On appeal from the … as wearing red and a do-rag. Based on the footage and from community interactions, detective Rinaldo Arroyo identified … to prove identification beyond a reasonable doubt. The ultimate issue of the trustworthiness of an identification …
- A-0500-19 Opinionnjcourts.gov… of the court was delivered by OSTRER, P.J.A.D. In this commercial contract dispute, we consider whether an … Clicking on the "Terms & Conditions" link brought the visitor to a document entitled "Machinery Terms and … someone comfortable with navigating websites might have ultimately found the "Seller's Machinery Terms and …
- A-0483-20 Opinionnjcourts.gov… as a condition of probation; the presumption can be overcome only when a state prison sentence would be a serious … General memorandum addresses cases involving out-of-state visitors who are arrested while in possession of firearms … a crime as intended by our laws. [Pa 30.] The trial court ultimately determined that these circumstances overcame the …
- A-0877-19 Opinionnjcourts.gov… Argued September 29, 2021 – Decided October 26, 2021 Before Judges Whipple, Geiger and Susswein. NOT FOR … unable to speak with Sarah, who was in a medically induced coma. Quainoo spoke to Jared at the hospital. Jared … meaning of Title Nine. Jared did not dispute that finding. Ultimately, Judge Katz found, by a preponderance of the …
- A-4962-18T2 Opinionnjcourts.gov… Argued November 12, 2020 – Decided Before Judges Alvarez and Geiger. On appeal from the Tax Court … of its ABELCET and PERMAX assets from non-operational income to taxable apportionable operational income; and (2) … comprising of physicians or surgeons, and/or hospitals for ultimate use by mostly cancer patients, it was also targeted …