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… SANDRA BARRY, Plaintiffs-Appellants, v. MELMED CONSTRUCTION COMPANY, INC., a New Jersey Corporation, and VICTOR MELMED, … Argued February 13, 2019 - Decided July 22, 2019 Before Judges Fuentes, Accurso and Vernoia. On appeal from the … In response, Melmed, seven months after filing its original complaint, moved to consolidate the actions and …
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… Argued May 15, 2019 – Decided July 16, 2019 Before Judges Accurso and Moynihan. On appeal from the New … constitutional rights; (6) the panel took inaccurate and incomplete notes, which prejudiced appellant; (7) this court … of the withheld materials, or, perhaps, an exercise of our original jurisdiction. The remedy will fit the needs of the …
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… gun into the kitchen. O'Connor next saw the defendant's arm coming down as if he had placed something on top of a … Anderson, also as a lesser- included offense of the original charge of murder (count two); third-degree unlawful … not excessive, and, therefore, sentencing should not be revisited. In his appeal from the denial of PCR, defendant did …
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… Submitted February 9, 2021 – Decided February 25, 2021 Before Judges Haas and Natali. On appeal from the Superior … On February 25, 2018, a municipal prosecutor filed a complaint charging defendant with fourth-degree operating a … N.J. Super. 504, 514 (App. Div. 2012) (second alteration in original) (quoting State v. Triestman, 416 N.J. Super. 195, …
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… Defendant-Appellant. Argued November 12, 2020 – Decided Before Judges Alvarez, Geiger, and Mitterhoff. On appeal from … or other court official, and appears to emanate from the Commissioner. The probation department of Rockland County, … gross abuse of . . . discretion.") (second alteration in original) (internal quotations omitted). Should defendant …
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… Submitted December 1, 2020 – Decided Before Judges Gilson and Gummer. On appeal from the Superior … January 15, 2021 2 A-2858-18T4 that (1) dismissed its complaint for ejectment with prejudice; and (2) denied its … eviction under [the Act]." Id. at 121 (second alteration in original) (quoting Ctr. Ave. Realty, Inc. v. Smith, 264 N.J. …
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… Submitted March 22, 2021 – Decided April 12, 2021 Before Judges Fasciale and Susswein. NOT FOR PUBLICATION … fourteen years old. In January 2019, the child began complaining of a headache and passed out shortly after. He … 481 (App. Div. 2010) (second alteration in 11 A-3266-19 original) (quoting N.J. Div. of Youth & Family Servs. v. …
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… Defendants-Respondents. ______________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … RSC's financial position was more precarious than originally stated, and it was agreed MGC would commit to operating the RSC property for three years, as …
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… Submitted January 20, 2021 – Decided March 12, 2021 Before Judges Fisher and Gilson. On appeal from the Superior … and English and a Spanish interpreter translated the communications 3 A-2797-18 between defendant and his … v. Goodwin, 173 N.J. 583, 594 (2002) (second alteration in original) (quoting State v. Afanador, 151 N.J. 41, 52 …
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… Submitted January 5, 2021 – Decided March 12, 2021 Before Judges Fisher and Moynihan. On appeal from the Superior … defendant.'" Tsetsekas, 411 N.J. Super. at 8 (alteration in original) (quoting Barker, 407 U.S. at 530). "No single … bright-line try-or-dismiss rule," instead continuing its commitment to a "case- by-case analysis," under the Barker …
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… Argued August 17, 2022 – Decided September 8, 2022 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … of demolition. In July 2016, plaintiff filed a foreclosure complaint against the Estate. Plaintiff also filed suit … N.J. Super. 272, 286 (App. Div. 2018) (alterations in the original) (quoting Am. C.L. Union of N.J., Inc. v. Cnty. of …
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… Submitted March 10, 2020 – Decided April 30, 2020 Before Judges Messano and Susswein. On appeal from the … in her favor. In December 2017, plaintiff filed a verified complaint and order to show cause seeking to set aside the … of justice[.]" D'Agostino, 216 N.J. at 182 (alteration in original). As already noted, the judge failed to explicitly …
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… Argued October 18, 2019 – Decided March 6, 2020 Before Judges Ostrer and Vernoia. On appeal from the Superior … and her husband Jeffrey Derstine alleged in a March 2014 complaint that a polypropylene mesh implanted in Kline's … for a representative who might be able to identify the origin of the mesh removed from Kline and preserved in a …
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… Submitted February 5, 2020 – Decided Before Judges Fuentes, Haas and Enright. On appeal from the … judges who entered these orders. We add the following brief comments to provide context for our decision. The State … belief in guilt." J.M., 182 N.J. at 417 (alterations in original) (quoting Gerstein v. Pugh, 420 U.S. 103, 122 …
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… Argued February 6, 2020 – Decided February 28, 2020 Before Judges Nugent and DeAlmeida. On appeal from the … 20, 2014, nearly three years prior to plaintiff filing a complaint for divorce. The agreement provides the parties … Miller v. Miller, 160 N.J. 408, 419 (1999) (alteration in original)). A contract is unconscionable if there is …
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… Submitted January 13, 2020 – Decided Before Judges Fasciale and Mitterhoff. On appeal from the … February 28, 2020 2 A-3241-18T1 dismissing plaintiff's complaint which alleged that the County violated the New … Township, 478 F.3d 144, 155 (3d Cir. 2007) (alteration in original) (internal quotation marks 10 A-3241-18T1 omitted) …
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… Submitted March 30, 2020 – Decided April 20, 2020 Before Judges Vernoia and Susswein. On appeal from the … was ineligible for a change of sentence because he had not completed service of his period of parole ineligibility.3 … Hill v. Lockhart, 474 U.S. 52, 59 (1985) (alteration in original)), and that "it would have been rational for [the …
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… Submitted March 2, 2020 – Decided June 2, 2020 Before Judges Messano and Susswein. On appeal from the … others were indicted in connection with a double homicide committed inside defendant's residence.1 The indictment … State v. DiFrisco, 137 N.J. 434, 457 (1994) (alterations in original)). A defendant may prove that an evidentiary …
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… argued April 30, 2020 – Decided June 22, 2020 Before Judges Fisher, Accurso and Gilson. On appeal from the … Landlord in writing immediately. Tenant is responsible for compliance with this agreement. If any person resides at the … under [the Act].'" Maglies, 193 N.J. at 121 (alterations in original) (quoting Ctr. Ave. Realty, 264 N.J. Super. at …
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… SUNSET HILL OAKRIDGE PLAZA, LLC, Defendants-Appellants. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … 7, 2018 orders denying their motions to dismiss the complaint and compel arbitration. The Chancery court … that same issue."'" 215 N.J. at 282 (alteration in original) (quoting PPG Indus. v. Webster Auto Parts, 128 …