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… Submitted May 15, 2024 – Decided June 3, 2024 Before Judges Firko and Vanek. On appeal from the Superior … cross-motion to dismiss her October 14, 2022 verified complaint (the contempt complaint); and (2) the February 13, … Trustee were concerned about complying with the orders and ultimately an appropriate motion—on notice to Yael—was filed …
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… Submitted May 6, 2024 – Decided June 10, 2024 Before Judges Marczyk and Vinci. On appeal from the Superior … plaintiff and restrained defendant from the restaurant or communicating with its employees. Sometime after the consent … the divorce proceeding being dismissed. Because the court ultimately granted plaintiff an FRO based on defendant's …
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… Argued February 13, 2024 – Decided April 22, 2024 Before Judges Whipple, Enright and Paganelli. On appeal from … sexual assault, N.J.S.A. 2C:14-2(a)(2)(1), for acts committed between January and May 2016; (2) second-degree … suicide but purportedly received no help from the police. Ultimately, A.U. spoke with authorities at school and …
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… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS DANIEL S. DELGADO, on behalf of … BER L-418-23 CBLP CIVIL ACTION CORRECTED DECISION ON MOTION FOR SUMMARY JUDGMENT Decided: April 22, 2024 Philip D. … or about November 30, 2011, with the account and judgment ultimately coming into the hands of defendant LVNV. …
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… MD, SALMAN OKOUR, MD, and NJ BEST OB/GYN, Defendants, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Abdelmalak (collectively, plaintiffs), to file an amended complaint asserting claims against 3 A-3894-23 Dr. Martinez … SMH served the same incomplete set of medical records. Ultimately, following two case management orders directing …
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… Submitted October 16, 2023 – Decided February 24, 2025 Before Judges Gilson, DeAlmeida and Bishop- Thompson. On … and denying plaintiff's motion for leave to file an amended complaint in this dispute over mold plaintiff discovered in … the recommendation she would have canceled the contract and ultimately never incurred the costs of remediating mold in …
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… Argued December 5, 2024 – Decided January 27, 2025 Before Judges Mawla and Walcott-Henderson. NOT FOR PUBLICATION … their motion to set aside and vacate the Sheriff's sale of commercial property to plaintiff SB PB Victory, L.P., the … interest and Sheriff's fees.3 Plaintiff was the bidder, and ultimately paid $100 for the property. On December 26, 2023, …
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… Argued February 8, 2023 – Decided May 22, 2023 Before Judges Currier, Mayer and Enright. NOT FOR PUBLICATION … We affirm. I. In May 2020, plaintiffs filed a class action complaint against George Harms Constructions Company (GHCC) … 20l, the court must be careful not to take notice of the ultimate legal issue involved." 22 A-3393-21 Biunno, …
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… Argued May 23, 2023 – Decided September 5, 2023 Before Judges Gilson and Rose. On appeal from the Superior … order; (3) June 30, 2021, granting plaintiff's motion to compel legal fees; and (4) October 29, 2021, granting … in the process of applying to schools and K[aren]'s ultimate decision to matriculate at the University of …
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… Argued March 8, 2023 – Decided June 2, 2023 Before Judges Vernoia and Firko. On appeal from an … Montalvo's motion to dismiss second- degree conspiracy to commit aggravated assault, second-degree aggravated assault, … (1991) (quoting N.J. Trade Waste Ass'n, 96 N.J. at 18-19). Ultimately, the decision whether to dismiss an indictment …
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… Argued November 8, 2023 – Decided November 20, 2023 Before Judges Haas and Gooden Brown. On appeal from the … timeline of events. Chavis lived in the same apartment complex as Nock. Earlier in 2015, Chavis learned that … Gross decision. Defense counsel stated that if the court ultimately decided to admit the statement, he should be …
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… opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … including two counts of racketeering and conspiracy to commit racketeering, in violation of N.J.S.A. 2C:41-1, and … Division affirmed defendant’s conviction of 10 promoting, ultimately concluding that N.J.S.A. 2C:33-30 specifically …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-2509-21 THE ALLIANCE FOR SUSTAINABLE COMMUNITIES MERCER-MONMOUTH, MARY FAHY WOEHR, and SUSAN … the bifurcation procedure. He replied: "If the subdivision ultimately is not 11 A-2509-21 acceptable to the Board, then …
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… Argued March 5, 2024 – Decided August 6, 2024 Before Judges Rose and Perez Friscia. On appeal from the … weapon, N.J.S.A. 2C:39-5(b). 3 A-2581-21 case turned on the competing testimony of the only two surviving eyewitnesses: … the middle of th[e] struggle with a gun being pointed and ultimately being [fired]." Further, her "eyeglasses were …
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… Argued May 22, 2024 – Decided August 26, 2024 Before Judges Vernoia and Walcott-Henderson. On appeal from … he was armed. We reverse the court's ruling because the competent evidence presented by the State did not establish … swiped the Detective’s hand away and began to struggle, ultimately resulting in his arrest. Under all of these …
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… Submitted December 20, 2023 – Decided December 27, 2024 Before Judges Gummer and Walcott-Henderson. On appeal from the … in accordance with the plea agreement, the State would recommend a sentence of two consecutive five-year terms of … filed a memo opposing that. The court in its discretion can ultimately do so. That's my understanding." Defendant gave a …
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… Submitted October 17, 2024 – Decided December 2, 2024 Before Judges Marczyk and Torregrossa-O'Connor. On appeal from … a Tier Three sex offender pursuant to the registration and community notification provisions of Megan's Law, N.J.S.A. … 74 or more, high risk." T.T., 188 N.J. at 329. The State ultimately bears the burden of proving—by 15 A-0559-23 clear …
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… Argued September 12, 2024 – Decided October 4, 2024 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … "consists of a one-story, masonry, cold storage industrial complex comprised of approximately 72,600 square feet of … N.J. 221, 230 (1999) (citing Hopkins, 132 N.J. at 439). "Ultimately, all considerations must be balanced 'in a …
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… Submitted November 20, 2024 – Decided February 6, 2025 Before Judges Marczyk and Torregrossa-O'Connor. On appeal from … reasons set forth by Judge Pedro J. Jimenez, Jr. in his comprehensive written decision. I. We distill the following … 321 N.J. Super. 154, 170 (App. Div. 1999). 17 A-1734-22 Ultimately, "[a]n error by counsel, even if professionally …
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… Argued October 16, 2024 – Decided November 4, 2024 Before Judges Susswein and Perez Friscia. On appeal from the … and the Mazawey Law Firm's1 motion to dismiss plaintiff's complaint for failure to state a claim. We affirm in part, … to Rule 4:5-1(b)(2), a trial court shall not order the ultimate sanction of dismissal for a party's failure in a …