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… from the May 6, 2016 Law Division order, dismissing their complaint with prejudice. In so doing, the trial court … the public portions of the building to avoid contact with visitors. Amelchenko explained that one of the accessory … in its applications because Lots 5.01 and 5.02 would ultimately be subdivided and potentially owned by two …
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… Submitted March 19, 2019 – Decided August 20, 2019 Before Judges Rothstadt and Gilson. On appeal from the … that was entered after a jury found him guilty of committing third-degree possession of a controlled dangerous … your findings as to the truth of the facts relied upon. The ultimate determination of whether or not the State has …
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… Argued March 21, 2017 – Decided Before Judges Leone and Vernoia. On appeal from Superior Court … 25, 2000, three agreements were executed between Nycoil Company ("Nycoil" or "the Seller") and N-C Acquisition, LLC … "permit a broad use of extrinsic evidence to achieve the ultimate goal of discovering the intent of the parties." …
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… INC., Defendants-Respondents, and PAGIOTIS DRAGONAS, JOSEPH FORSTER, SALVATORE SCHIBELL and TERENCE MARTIN, Defendants. … appeal from a March 29, 2017 order dismissing their complaint with prejudice, compelling the parties to … documents but "Terrance" in the transcripts. 9 A-3388-16T2 Ultimately, the parties agreed to the terms of the Sales …
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… 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 …
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… 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 …
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… 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 …
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… N.J.S.A. 2C:11- 3 A-0460-16T4 4(a)(1). The court ultimately sentenced Young to a prison term of fifty years, … erroneously denied his motion for a mistrial because a comment by the State 's sole eyewitness was "wholly improper … it. Accordingly, we conclude Bouie 's sentence must be revisited on remand for an evaluation taking into account the …
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… Argued January 22, 2019 – Decided March 11, 2019 Before Judges Messano and Rose. On appeal from Superior Court … At 9:06 a.m. on January 31, 2015, Burlington County Central Communications received a 9-1-1 call from B.W.1 B.W. shared … that defendant's statement was inadmissible, it is ultimately for the jury to decide whether the statement was …
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… 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 …
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… 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 …
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… 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, …
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… business, defendant VitaCare Pharma, LLC (VitaCare), a competitor of Soma.1 Defendants prevailed at trial, but … trade secret in its manufacturing process. Judge Ciuffani ultimately held that Soma failed to prove that the 1:1 trade … secrets. For example, Soma did not have contractors or visitors at its facility sign confidentiality agreements; …
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… Argued February 4, 2019 – Decided July 29, 2019 Before Judges Messano and Gooden Brown. On appeal from the … and an August 17, 2017 order, entering judgment on their complaint in lieu of prerogative writs in favor of their … to construct an open arbor/pergola on one side of the deck. Ultimately, the 4 A-0762-17T1 DeCiccos constructed a deck …
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… Submitted April 4, 2017 – Decided Before Judges Messano and Espinosa. On appeal from the … White raises the following points: POINT 1 THE PROSECUTOR'S COMMENTS AND THE TRIAL COURT'S JURY CHARGES DISTORTED THE … we cannot conclude the judge's instructions led to an "ultimate determination of guilt or innocence . . . 23 …
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… Individually, and as Superintendent of Schools for the Vernon Township School District, PAULINE ANDERSON, … granting summary judgment to defendants and dismissing his complaint alleging violations of the Conscientious Employee … was transferred from Walnut Ridge to Lounsberry, and ultimately terminated in 2012 "due to his failure to adhere …
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… Argued April 25, 2017 – Decided Before Judges Espinosa and Suter. On appeal from Superior … arrest and before his trial. 3 A-5066-14T2 without coming to a full and complete stop at a stop sign. Officer … his role was to make independent findings, as they were ultimately reflected in his oral opinion. We therefore defer …
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… Argued November 2, 2016 – Decided Before Judges Fuentes, Carroll and Gooden Brown. On appeal … 2 In an April 30, 2010 order, the trial court dismissed the complaint against defendant Jill Ojserkis for failure to … In opposing the motion, plaintiff certified that "at no 5 Ultimately, no change was made to plaintiff's physician …
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… Submitted May 30, 2017 – Decided June 12, 2017 Before Judges Sabatino and Nugent. On appeal from Superior … with the knife unless she performed oral sex on him. She complied. Then he made her take her pants off. He directed … or threat of violence. The mere fact that defendant was ultimately acquitted of kidnapping, terroristic threats, and …
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… Defendant-Appellant. Submitted May 10, 2017 – Decided Before Judges Simonelli, Carroll and Gooden Brown. On appeal … members who testified at the suppression hearing share a common surname, we refer to them by their first names in … to the validity of defendant's arrest however, because ultimately the police did not avail themselves of Frank's …