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… (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 NOT FOR PUBLICATION WITHOUT … The officers followed the proper procedures, [and] completed a show[-]up identification worksheet for each … despite finding that Calero was not a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 …
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… Argued January 23, 2020 – Decided May 6, 2020 Before Judges Koblitz, Whipple and Gooden Brown. On appeal … at one another. As the argument became increasingly combative, some guests tried unsuccessfully "to break it … counsel's effective cross-examination of Buchanan, who ultimately admitted that he was pressured to incriminate …
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… Submitted February 24, 2020 – Decided March 9, 2020 Before Judges Sabatino and Sumners. On appeal from the … filed a brief. PER CURIAM Plaintiffs, Janek Patel and his company A&D Convenience Store, objected to approvals granted … application during the hearing process, the Planning Board ultimately considered the following variances and waivers as …
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… Argued December 11, 2019 – Decided Before Judges Koblitz, Whipple and Gooden Brown. On appeal … stalled over the price, and in September 2015, PPG filed a complaint and requested an order requiring Ten West to … alleged conversation, where they broached the prospect but ultimately decided against it. Such a "conclusory and …
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… JOHN ESMERADO in his official capacity as Records Custodian for the Union County Prosecutor's Office, … Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law right of access. The UCPO denied his request. 1 … who could unnecessarily be at risk by public disclosure." Ultimately, the court required that "all aspects" of the …
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… Submitted January 21, 2020 – Decided April 23, 2020 Before Judges Sabatino and Sumners. On appeal from the … NERA, which was not in effect at the time the offense was committed, but rather it is subject to an eight-year parole … for sexually assaulting Katie there, a side bar occurred. Ultimately, the court and defendant decided to withdraw the …
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… THOMAS E. HEDENBERG and RAY H. TRESCH, Plaintiffs, v. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … defendants) and dismissing plaintiffs' legal malpractice complaint against defendants, the January 23, 2018 order … v. Bachenberg, 139 N.J. 472, 479 (1995)). The question "ultimately turns on considerations of fairness and public …
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… and MATSON, DRISCOLL & D'AMICO, LLP, a/k/a MDD FORENSIC ACCOUNTANTS, Defendant, and ENGLE MARTIN & … for RTC's claim. In November 2012, Fedway hired Cotton Commercial USA, Inc. (Cotton) to perform certain repair and … that such an inference can be drawn 16 A-0297-18T4 because ultimately, RTC did not include the Cotton Costs in its …
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… 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 …
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… Argued September 29, 2020 – Decided Before Judges Fasciale, Mayer, and Susswein. On appeal from … observations of the character and demeanor of witnesses and common human experience that are not transmitted by the … completion analysis for a lump sum contract, and the court ultimately agreed. "The expert's failure 'to give weight to …
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… 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 …
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… 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 …
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… Submitted February 8, 2021 – Decided April 27, 2021 Before Judges Sabatino and Gooden Brown. On appeal from the … Instruction Necessitates Reversal. POINT II THE PROSECUTOR COMMITTED REVERSIBLE MISCONDUCT DURING SUMMATION BY … denying any involvement in the shooting, defendant ultimately admitted threatening Bernal with the gun in …
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… from orders1 entered in the Law Division dismissing their complaints that alleged defendant municipalities' ordinances … "whether a cause of action is 'suggested' by the facts." Teamsters Local 97 v. State, 434 N.J. Super. 393, 412 (App. … should be liberally granted, "without consideration of the ultimate merits of the amendment," it need not be granted …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … tasks, we hold that most of the challenged regulations comport with the terms and objectives of the governing … consideration of a pre-existing condition as part of the ultimate determination whether to approve or deny the …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … SUPPORTED BY REASONABLE SUSPICION THAT AN OFFENSE WAS BEING COMMITTED BECAUSE HIS LICENSE PLATE WAS NOT "OBSTRUCTED" … found the protective sweep was invalid. The Court held that ultimately, because the officers had control of the scene, …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … (the Board) conducted a full Board in-person hearing to complete Acoli's administrative parole process. The Court … judicial review, if critical of the substance of that ultimate determination by the Parole Board under the …
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… and HACKENSACK MERIDIAN HEALTH, Defendants-Appellants, and TEAMHEALTH HOLDINGS, INC. a/k/a TEAMHEALTH, … Room at defendant JFK Medical Center1 in January 2018 complaining of aching pain in his right ankle that had … and litigants in an increasingly complex, muddled, and ultimately useless doctrinal morass," argues "[a]n approach …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … 2021, which revoked her certificate of election for County Commissioner1 for the Third District in Atlantic County, … further notes that [twenty-three] of these voters did ultimately vote provisionally bringing the number down to …
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… 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 …