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… Submitted September 19, 2017 – Decided Before Judges Yannotti and Leone. On appeal from Superior … Frank Tetto appeals an August 5, 2016 order dismissing his complaint for failure to comply with the Affidavit of Merit … party" in N.J.S.A. 2A:53A-41(a) was in a section of the original bill, and remained unchanged through enactment. A. …
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… Argued May 18, 2022 – Decided July 20, 2022 Before Judges Hoffman, Whipple and Geiger. On appeal from the … Industry Association, The New Jersey Chapter of NAIOP, The Commercial Real Estate Development Association, New Jersey … N.J. Super. 552, 558 (App. Div. 2011) (first alteration in original) (quoting N.J.S.A. 13:1D-9). To understand the …
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… Argued May 18, 2022 – Decided June 27, 2022 Before Judges Hoffman, Whipple and Geiger. On appeal from the … sales are done," and the NBPD had received numerous complaints from citizens that "numerous individuals were … harmless beyond a reasonable doubt.'" Ibid. (alteration in original) (quoting Chapman, 386 U.S. at 24). In addition, …
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… Argued April 25, 2022 – Decided May 16, 2022 Before Judges Fasciale and Vernoia. On appeal from the … door opened, Reilly smelled the "strong odor of marijuana coming from inside the vehicle[,]" and he called for backup. … State v. Walker, 213 N.J. 281, 290 (2013) (alteration in original) (quoting State v. Nishina, 175 N.J. 502, 515-16 …
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… Argued April 6, 2022 – Decided May 9, 2022 Before Judges Whipple, Geiger and Susswein. On appeal from the … they stayed on task and focused, and helping them maintain composure both physically and verbally. Toscano suffered … the day and did not get "out of control" 1 Toscano originally applied for accidental disability retirement …
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… Argued January 26, 2022 – Decided April 29, 2022 Before Judges Gilson, Gooden Brown, and Gummer. NOT FOR … favor of defendants. Plaintiffs argue that the trial court committed reversible error in the jury charge and verdict … by the hospital were true and accurate copies of the originals kept on file and that those files were kept in the …
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… Argued June 2, 2022 – Decided September 7, 2022 Before Judges Gilson, Gooden Brown, and Gummer. On appeal from … outside Ferdinand's apartment, they smelled the odor of "decomposition." After no one answered their knocks, the police … for his own sake." L.H., 239 N.J. at 44 (alteration in original) (quoting State v. Miller, 76 N.J. 392, 405 …
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… Argued October 20, 2021 – Decided August 10, 2022 Before Judges Fuentes, Gooden Brown and Gummer. On appeal from … UNDER N.J.R.E. 702 AND 703. II. THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN LIMITING THE TESTIMONY OF … took the seven items back to the register and scanned the original barcodes printed on the boxes. The subtotal, before …
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… Submitted May 16, 2022 – Decided June 7, 2022 Before Judges Sabatino and Mayer. On appeal from the Superior … placed a large order, and requested cashback. Assante completed the order and gave defendant cashback. A few days … State v. Afanador, 151 N.J. 41, 54 (1997) (alteration in original) (quoting State 17 A-1827-19 v. Jordan, 147 N.J. …
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… Submitted March 30, 2022 – Decided May 31, 2022 Before Judges Hoffman, Whipple and Geiger. On appeal from the … go." She tried to escape from the man, and he was saying: "Come on let's go over there." A.G. started yelling when she … 439 N.J. Super. 241, 255 (App. Div. 2015) (alterations in original) (quoting State v. W.B., 205 N.J. 588, 603 n.4 …
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… Argued April 27, 2022 – Decided May 27, 2022 Before Judges Hoffman, Geiger and Susswein. On appeal from the … meet with "a male that [the officers] kn[e]w from the community." The two men went into the house on Bond Street. … State v. Thomas, 188 N.J. 137, 142 (2006) (alteration in original) (quoting Apprendi, 530 U.S. at 490) (recognizing …
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… elements using colored pencils. Because several students complained they did not understand Loreno's assignment, … plaintiff filed an amended complaint, identical to the original, except that "State-Operated School District of … colloquy that followed opening arguments, the judge revisited the subject of "the relevance of admissibility of …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … the robbery, was a critical prosecution witness. The outcome of the trial hinged to a large extent on her testimony … for suppression remains high," ibid. (alteration in original) (quoting Henderson, 208 N.J. at 303), the Court …
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… Submitted December 9, 2019 – Decided June 23, 2020 Before Judges Fasciale and Rothstadt. On appeal from the Tax … its Rule 4:37-2(b) motion and dismissing plaintiff's complaints, and (2) made various legal and evidentiary … opinions, if true, raised doubt as to whether defendant's original tax "assessments exceeded the market value for the …
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… Argued December 9, 2019 – Decided June 8, 2020 Before Judges Sumners, Geiger and Natali. On appeal from the … plaintiff Petric & Associates $1,850,000 in damages, comprised of: 1) $300,000 for fraud; 2) $800,000 for breach … revealed a complicated design, not the "standard" design originally anticipated by plaintiff, and they did not show …
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… Argued September 1, 2021 – Decided September 28, 2021 Before Judges Geiger and Mitterhoff. On appeal from the … Ko, Keating Robinson, and Peggy McMahon dismissing the complaint. We affirm. We derive the following facts from the … and her working environment is hostile. [Ibid. (emphasis in original).] We apply "an objective standard to evaluate a …
njcourts.gov
… Submitted April 21, 2021 – Decided May 28, 2021 Before Judges Ostrer and Vernoia. On appeal from the Superior … in other cases is limited. R. 1:36-3. 2 A-3993-19 In her complaint, plaintiff Stacie Percella alleges defendant City … Agric. v. Scurry, 193 N.J. 492, 504 (2008) (alteration in original) (quoting Flagg v. Essex Cnty. Prosecutor, 171 N.J. …
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… Submitted February 3, 2021 – Decided August 25, 2021 Before Judges Ostrer, Accurso, and Vernoia. On appeal from the … discovered what she described as a draft will on Fou's computer showing the family had personal and business assets … depleted or transferred any assets following entry of the original judgment of divorce and prior to entry of the AFJD. …
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… Argued April 12, 2021 – Decided August 23, 2021 Before Judges Messano, Hoffman, and Suter. On appeal from the … and its former police chief, Paul Philipps. Plaintiff's complaint alleged violations of 42 U.S.C. 1 In Carifi v. … 346 N.J. Super. 558, 565-66 (App. Div. 2002) (alteration in original) (quoting Kortenhaus v. Eli Lilly & Co., 228 N.J. …
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… Argued January 25, 2021 – Decided July 30, 2021 Before Judges Currier and Gooden Brown. On appeal from the … WAS MOST ACUTE AND IT WAS NOT PROBATIVE OF HIS CREDIBILITY; COMPOUNDING THE PREJUDICE, THE PRIOR STATEMENT INJECTED … denial of justice resulted.'" Id. at 385-86 (alteration in original) (citations omitted). 16 A-3631-17 Here, after J.G. …