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… Submitted December 10, 2018 – Decided Before Judges Sabatino and Sumners. On appeal from Superior … Officer Henriquez noticed a strong odor of alcohol coming from defendant's breath, and claimed that he saw two … v. Trombetta, 467 U.S. 479, 489 (1984)) (alteration in original). Suppression of exculpatory evidence violates due …
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… Argued December 12, 2018 – Decided Before Judges Accurso and Vernoia. On appeal from Superior … ' property. We affirm. I. Plaintiff filed a negligence complaint alleging she suffered personal injuries when she … to deliberate anew following its dismissal of one of the original jurors. Plaintiff contends the court violated Rule …
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… Argued January 22, 2019 – Decided April 16, 2019 Before Judges Haas and Sumners. On appeal from Superior Court … filing a late tort claim. We add the following additional comments. Our standard of review of an order granting or … against [the] defendants." Id. at 138 (alteration in original). She specifically asserted that she "began …
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… Submitted February 28, 2019 – Decided April 9, 2019 Before Judges Whipple and Firko. On appeal from Superior Court … In response, her plea counsel submitted a memorandum of compelling reasons in support of defendant's PTI … rev'd on other grounds, 227 N.J. 422 (2017) (alteration in original) (quoting State v. Acevedo, 205 N.J. 40, 47 n.4 …
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… Argued January 10, 2019 – Decided April 4, 2019 Before Judges Simonelli and Whipple. On appeal from Superior … market value of $523,146 listed as a "Zestimate" on Zillow.com. 2 Because defendants only appealed from the March 15, … 1 on R. 2:5-4(a) (2019). 8 A-3838-16T2 (third alteration in original) (quoting Karel v. Davis, 122 N.J. Eq. 526, 528 (E. …
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… Submitted January 28, 2019 – Decided Before Judges Messano and Rose. On appeal from the Board of … of [petitioner] or another person.'" Accordingly, the ALJ recommended that petitioner was entitled to an ADR pension. … an appellate court would come to the same conclusion if the original determination was its to make, but rather whether …
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… Submitted September 20, 2018 – Decided Before Judges Accurso and Vernoia. On appeal from Superior … for many years and at various times owned three trucking companies, 3 A-5389-16T2 J.K. Enterprises, Koenig … 451 N.J. Super. 332, 358 (App. Div. 2017) (alteration in original) (quoting Thieme, 227 N.J. at 284), "equitable …
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… Argued December 5, 2018 – Decided Before Judges Alvarez and Mawla. On appeal from Superior Court … ignited the blanket he was using. J.B.'s domestic violence complaint also alleged a prior history of domestic 3 … factor in obtaining relief.'" Ibid. (alteration in original) (quoting N. Bergen Rex Transp., 158 N.J. at 570). …
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… Submitted October 2, 2018 – Decided March 26, 2019 Before Judges Suter and Geiger. On appeal from Superior Court … not to have contact with the victim, to register and comply with Megan's Law1 for life, 1 N.J.S.A. 2C:7-1 to -23. … had problems for that week. The court calculated that the original jury had deliberated a total of five and one half …
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… Submitted August 30, 2017 – Decided Before Judges Rothstadt and Vernoia. On appeal from the … A-4011-15T4 July 24, 2014 final judgment and to dismiss the complaint. Finding no merit to defendant's contentions, we … standing. "A just, sufficient and valid defense to the original cause of action stated in clear and unmistakable …
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… Submitted April 4, 2017 – Decided Before Judges Reisner and Sumners. On appeal from Superior … The judge also found that the search was valid under the community caretaking doctrine. She determined that the … Div. 2015) (first, fourth, sixth, and ninth alterations in original), certif. granted, 224 N.J. 529 (2016).] However, a …
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… Submitted September 26, 2017 – Decided Before Judges Sumners and Moynihan. On appeal from Superior … motion for summary judgment to dismiss plaintiff's complaint and denied plaintiff's cross-motion of summary … 224 N.J. 496, 512 (2016) 10 A-0378-16T3 (alteration in original) (quoting In re Estate of Stockdale, 196 N.J. 275, …
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… Submitted January 11, 2017 – Decided Before Judges Fuentes and Simonelli. On appeal from Superior … which charged her with first degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3a. In … of this discovery material, which his predecessor had originally obtained from the Monmouth County Prosecutor's …
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… Submitted January 31, 2017 – Decided Before Judges Messano and Suter. On appeal from Superior Court … motion for a new trial and directed verdict. We affirm. The comments of plaintiff's counsel made during summation, … Bender, supra, 187 N.J. at 431 (2006) (alteration in original) (quoting Colucci v. Oppenheim, 326 N.J. Super. …
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… Submitted January 17, 2018 – Decided Before Judges Carroll and Leone. On appeal from the Board of … every regular school term since her services initially commenced with both employers." 4 A-0583-16T2 Claimant … an appellate court would come to the same conclusion if the original determination was its to make, but rather whether …
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… Submitted March 6, 2018 – Decided Before Judges Mawla and DeAlmeida. On appeal from Superior … defendant pled guilty to the indictment, and admitted he committed an act of criminal sexual contact when he groped … abuse of . . . discretion.'" Id. at 624-25 (alteration in original) (quoting Wallace, 146 N.J. at 582). To establish a …
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… Defendants-Respondents. Argued April 18, 2018 — Decided Before Judges Koblitz, Manahan, and Suter. On appeal from … CURIAM Plaintiff Thomas W. Kenyon filed a September 3, 2014 complaint against defendants Rutgers University, Bruce Fehn, … request an extension of the time for discovery within the original time period; and (4) the circumstances presented …
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… Argued May 8, 2018 – Decided May 23, 2018 Before Judges Yannotti, Carroll and Mawla. On appeal from … R. 1:36-3. 2 A-5005-15T3 all documents necessary to complete the transfer of APK Auto Repair Corporation (APK … Sav. Bank, S.L.A., 205 N.J. 150, 169 (2011) (alteration in original) (quoting In re Tr. Created By Agreement Dated Dec. …
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… Submitted April 12, 2018 – Decided Before Judges Rothstadt and Gooden Brown. On appeal from the … the lock eventually disengaged and Gambatese exited and complained to Sesak that he had hurt his arm pulling the … but rejected the ALJ's conclusions of law and affirmed its original decision denying Gambatese accidental disability …
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… Argued May 15, 2018 – Decided June 5, 2018 Before Judges Fasciale, Sumners and Natali. On appeal from … to permit an inference of age discrimination,'" Bergen Commercial Bank v. Sisler, 157 N.J. 188, 213 (1999) (quoting … criteria." Jason, 329 N.J. Super. at 305 (alteration in original) (quoting Peper, 77 N.J. at 85). "Thus there is no …