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… Submitted November 29, 2023 – Decided July 23, 2024 Before Judges Vernoia and Gummer. On appeal from the Superior … at trial. We affirm. I. In October 2019, plaintiff filed a complaint alleging that on September 22, 2018, he had rented … and expeditious determinations between the parties on the ultimate merits[.]'" Midland Funding LLC v. Albern, 433 N.J. …
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… FRANK HOLTHAM, JR., (as Successor Personal Representative for the Estate of Frank Holtham, Sr. and Derivatively on … from a July 8, 2022, Chancery Division order dismissing his complaint without prejudice against defendants Catherine A. … A-3894-21 . . . [U]ntil that matter is determined, then the ultimate beneficiaries of CP&F [Realty] are unknown. Yes, as …
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… INC., Plaintiff-Appellant, v. MAYOR AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF HARRISON and WH DEVELOPMENT … OF THE TOWNSHIP OF HARRISON and WH DEVELOPMENT NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … prerogative writs seeking reversal of the Board's decision. Ultimately, the trial court reversed the Board's denial of …
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… Submitted December 11, 2024 – Decided February 12, 2025 Before Judges Paganelli and Torregrossa-O'Connor. On appeal … to aggravated manslaughter in exchange for the State's recommending twenty-five years' imprisonment. The offer … plea offer and, regardless, failed to show prejudice as he ultimately pled to the reduced aggravated manslaughter …
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… Submitted May 7, 2018 – Decided April 22, 2019 Before Judges Accurso, O'Connor and Vernoia. On appeal from … 2C:11-3 and N.J.S.A. 2C:5:1; and first-degree conspiracy to commit murder, N.J.S.A. 2C:11-3 and N.J.S.A. 2C:5-2. He was … and requested the witness not be recalled to the stand. Ultimately, both parties agreed that Martinez would not be …
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… Argued February 6, 2019 – Decided June 13, 2019 Before Judges Fuentes, Accurso and Moynihan. On appeal from … the trial court's September 25, 2017 order dismissing its complaint with prejudice.2 That order 1 Plaintiff … informal written decisions, or reasons given for the ultimate conclusion." Hayes v. Delamotte, 231 N.J. 373, 387 …
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… Submitted September 13, 2018 – Decided Before Judges Koblitz, Ostrer and Mayer. On appeal from … yard, laughing with a second, shorter man with a darker complexion. The two then fled the scene. Fifteen to twenty … had already fulfilled whatever duty he had – was a matter, ultimately, for the jury in assessing [the defendant]'s …
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… Submitted February 12, 2019 – Decided April 12, 2019 Before Judges Gilson and Natali. On appeal from Superior Court … counter. An individual holding a gun in his left hand then comes behind the counter and points a handgun at the … officers after he received and waived his Miranda1 rights. Ultimately, Drew implicated defendant in the robbery at the …
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… its lawsuit against two of its former key employees and a competitor that hired them. Among other things, plaintiff … appearance. The omission 19 A-0952-17T3 was unfortunate and ultimately prejudicial. Regardless of whether counsel had a … got away from the 'ideal transition company plan' and to revisit this proposal and a plan to get back to these numbers …
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… Submitted October 25, 2016 – Decided Before Judges Messano and Espinosa. On appeal from the Public Employment Relations Commission, Docket No. 2015-051. O'Brien, Belland & … were considered to have some ameliorative effect, it ultimately fails to do so because that question is not left …
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… Submitted September 20, 2017 – Decided Before Judges Simonelli and Rothstadt. On appeal from Superior … PER CURIAM A jury convicted defendant Carlos Rojas of committing first- degree aggravated manslaughter, N.J.S.A. … defendant's residence and questioned him about Hernandez. Ultimately, they transported defendant to the police station …
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… Submitted July 5, 2017 – Decided Before Judges Nugent and Accurso. On appeal from Superior … evidence. The facts the State established are comprehensively detailed in our decision on defendant's … the jury would not find Petty credible. Defense counsel's ultimate decision not to call Petty as a witness was a …
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… Argued April 25, 2017 – Decided Before Judges Espinosa, Suter and Grall. On appeal from … reverse in part. I. The parties were married in 1996; the complaint for divorce was filed fifteen years later in 2011. … the court appointed Brown to perform a lifestyle analysis. Ultimately, the court found defendant "did not refute the …
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… Submitted December 12, 2017 – Decided Before Judges Yannotti and Leone. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2012-950 and 2013-83. Stuart Ball, … Torsiello had ample time to examine the evidence before his ultimate departmental hearing in January 2014, where he had …
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… Submitted July 18, 2017 – Decided May 25, 2018 Before Judges Ostrer and Leone. On appeal from Superior Court … the males to "freeze" and "stop," but the males ignored the commands. 3 The police were not able to recover any video … Benedict interviewed." That remains true though the jury ultimately acquitted defendant of burglary under the "proof …
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… OF RONALD AVELLA, PATRICK AVELLA, and ANTHONY BIVIANO, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … On February 16, 2012, Biviano filed in Bergen County a complaint as executrix of the Estate, individually and on … settlement agreement. As the trial court found, the funds ultimately deposited in the escrow account were "those that …
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… Argued December 4, 2018 – Decided Before Judges Rothstadt and Gilson. On appeal from Superior … store, with an agreement from the State that it would recommend concurrent sentences. Defendant was then sentenced … The court asked for a consent order, but the order that was ultimately submitted did not contain the signatures of …
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… Submitted September 13, 2018 – Decided Before Judges Whipple and DeAlmeida. On appeal from Superior … imposed after entry of his guilty plea to conspiracy to commit aggravated assault. We affirm. I. The following facts … chase. The Court held that the pursuit of Tucker, and his ultimate capture, constituted unconstitutional seizures …
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… Argued March 6, 2017 – Decided Before Judges Sabatino, Nugent and Haas. On appeal from the … law judge ("ALJ"). Among other things, the DEP Commissioner determined that Des Champs was not entitled to … opinions that these aspects should result in shifting the ultimate burden of establishing entitlement to a DQE away …
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… Submitted January 9, 2018 – Decided Before Judges Yannotti and Mawla. On appeal from Superior … Thereafter, the court filed an order denying PCR. In an accompanying statement of reasons, the court found that … Id. at 688. The defendant is required to overcome the strong presumption that counsel exercised …