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… JERSEY APPELLATE DIVISION DOCKET NO. A-2177-21 GREGORY B. FREEMAN and TAMMY FREEMAN, his wife, Plaintiffs-Respondents, … MAKANASH, TMS LOGISTICS, NEW JERSEY MANUFACTURERS INSURANCE COMPANY, NATIONALEASE, and LEASE LINE, Defendants, and … outcome of Federal's appeal. Federal raises the following points for our consideration: POINT ONE THE TRIAL COURT …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … v. CELLCO PARTNERSHIP, d/b/a VERIZON WIRELESS, and VERIZON COMMUNICATIONS, INC., APPROVED FOR PUBLICATION May 1, 2023 … motion to stay proceedings against Verizon and to compel arbitration in accordance with the 3 A-3639-21 …
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… Argued February 13, 2023 – Decided March 17, 2023 Before Judges Whipple, Smith and Marczyk. On appeal from the … June 3, 2022, grant of summary judgment dismissing her complaint against defendant for negligently infecting her … a certification establishing May 2018 as the month for commencement of their sexual relationship. 3 A-2754-21 After …
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… the November 19, 2021 Law Division order dismissing its complaint with prejudice. Plaintiff filed a complaint in … on a shift. 5 A-1135-21 Unlike the detox facility, visitors would be permitted at the inpatient facility but on … developments would have shared interconnected access points to Route 9 in accordance with the zoning plan. After …
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… Argued May 15, 2023 – Decided July 19, 2023 Before Judges Gooden Brown and Mitterhoff. On appeal from the … court matter initiated on October 1, 2020 by a civilian complainant. Defendant Donald F. Burke, Sr. NOT FOR … denied a forensic examination of the entire contents of complainant's cellphone, and the Law Division's August 29, …
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… Submitted December 13, 2023 – Decided February 12, 2024 Before Judges Currier and Susswein. On appeal from the … Regarding the credibility of the uncalled witness compared to the actual witnesses, the judge concluded, … errors must create a "reasonable probability" that the outcome of the proceedings would have been different if counsel …
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… Argued March 19, 2024 – Decided April 16, 2024 Before Judges Mayer and Paganelli. On appeal from an … counsel noted an officer participating in the search commented he "[did]n't even know whose stuff he was looking … The judge further found "their consent was given freely and voluntarily." The judge rejected defendants' …
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… Submitted October 17, 2023 – Decided November 30, 2023 Before Judges Whipple, Enright and Paganelli. On appeal from … observations of the character and demeanor of witnesses and common human experience that are not transmitted by the … 157 N.J. 463, 474 (1999). "[T]he rule of deference is more compelling where, as in the present case, two . . . courts …
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… _____________________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Robert Domski summary judgment and dismissal of plaintiffs' complaint; and two orders dated August 31, 2023, denying … before Officer Ferraro was instructed by the watch commander, Clifton Police Lieutenant Christopher Kelly, to …
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… Argued December 10, 2024 – Decided January 17, 2025 Before Judges Chase and Vanek. On appeal from the Superior … have been conducted, and he would have contacted the SWAT commander. He further explained that "[ACPD] ha[d] a policy … Alternatively, a knock and announce warrant only requires a combination of detectives and SWAT members. In this …
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… Argued February 12, 2025 – Decided March 18, 2025 Before Judges Sumners and Bergman. On appeal from the Superior … arbitration agreement; (2) staying all claims pending completion of the American Arbitration Association (AAA) … that any and all disputes with Seller, Seller's parent company or their subsidiaries or affiliates arising out of …
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… Submitted March 20, 2024 – Decided July 31, 2024 Before Judges Gummer and Walcott-Henderson. On appeal from the New Jersey Civil Service Commission, Docket No. 2021-1785. Feeley & LaRocca, LLC and … General, attorney for respondent New Jersey Civil Service Commission (Brian D. Ragunan, Deputy Attorney General, on …
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… Argued January 8, 2024 – Decided November 4, 2024 Before Judges DeAlmeida, Berdote Byrne, and Bishop- Thompson. … order of the Law Division dismissing with prejudice its complaint in lieu of prerogative writs challenging defendant … is unusually narrow with a unique geometry. There are three points at which the building has adjacency to parking. The …
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… Submitted October 1, 2024 – Decided November 4, 2024 Before Judges Perez Friscia and Bergman. On appeal from the … to the charge based on the State's three- year sentencing recommendation. However, at the sentencing hearing, the judge … resentenced and he did not file an appeal." The State also points out the defendant has filed two PCR petitions, a …
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… Argued July 8, 2019 – Decided July 16, 2019 Before Judges Yannotti and Haas. On appeal from the Superior … architect, to design the construction plans. Defendant completed the plans on July 18, 2009. In August 2009, … he did not initially appeal an "adverse judgment." He points out that he did not receive an "adverse judgment" on …
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… Submitted July 8, 2019 – Decided July 16, 2019 Before Judges Yannotti and Haas. On appeal from the Superior … in a police station. He had never been arrested, and only completed the third grade in school. Defendant said his … that statement, and said he thought his attorney could not come in until after the detectives finished questioning him. …
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… Submitted September 20, 2018 – Decided June 19, 2019 Before Judges Fuentes and Accurso. On appeal from Superior … before us, we are satisfied defendant presented sufficient competent evidence to establish a prima facie case of … Jamal Gibbs was taking information he got from reading the newspaper and telling it to the police as information for …
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… Argued February 25, 2019 – Decided March 11, 2019 Before Judges Sabatino, Haas and Sumners. On appeal from … College of New Jersey (Stockton), and dismissing his complaint alleging a failure to accommodate his alleged disability, and improper retaliation …
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… BRENNER, husband and wife, Plaintiffs-Appellants, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … of Transportation (DOT) because it owns and operates commercial vehicles incidental to its business operation. … of driving infractions. I. On appeal, plaintiffs raise two points in essentially the same terms. First, plaintiffs …
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… Argued November 27, 2018 – Decided Before Judges Suter and Geiger. On appeal from Superior Court … Fils-Aime and Whetstone. Shortly after defendant and his companion arrived, Fils-Aime started "mouthing off." Defendant and his companion reacted to Fils-Aime's remarks. Fils-Aime …