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… Submitted January 31, 2017 – Decided Before Judges Ostrer and Vernoia. On appeal from the Superior … criminal sexual contact, N.J.S.A. 2C:14-3(a). He admitted committing the offenses between December 2009 and December … this case, defendant sought a physical examination of the most personal and intimate sort. A defendant's right to such …
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… Submitted August 15, 2017 – Decided Before Judges Messano and Sumners. On appeal from the Superior … argument on the petition. In a written opinion that accompanied his order, the judge concluded "[t]he issues of … his or her claim, viewing the facts alleged in the light most favorable to the defendant, will ultimately succeed on …
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… balance of $59,000. In February 2015, Mauro filed a complaint against Seaboard. Seven months later, Seaboard … disputes and, if not, whether the fact viewed in the light most favorable to the non- moving party would permit a … Pursuant to the New Jersey Uniform Commercial Code (UCC), a buyer "must pay at the contract rate for any goods …
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… ROBERT J. TRIFFIN, Plaintiff-Appellant, v. BOARD OF COUNTY COMMISSIONERS HERNANDO COUNTY, Defendant-Respondent, and … Argued March 2, 2017 – Decided June 7, 2017 Before Judges Hoffman and Whipple. On appeal from Superior … contacts with the forum state rests with the plaintiff, most readily accomplished "through the use of 'sworn …
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… Argued September 14, 2017 – Decided Before Judges Simonelli, Haas and Rothstadt. On appeal from … Elar Realty Co., appeals from the dismissal of its complaint on summary judgment granted in favor of defendants … ERL. We affirm. The relevant facts when viewed in the light most favorable to plaintiff, see Angland v. Mountain Creek …
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… v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, Defendant-Respondent. … Submitted October 2, 2017 – Decided Before Judges Ostrer and Whipple. On appeal from Superior … R. 4:46-2(c)). The evidence must be viewed in "the light most favorable to the non-moving party." Mem'l Props., LLC …
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… Argued October 17, 2017 – Decided Before Judges Hoffman and Gilson. On appeal from Superior … order granting the summary judgment dismissal of her complaint against defendant, the City of New Brunswick (the … and all reasonable inferences from them, in the light most favorable to plaintiff as the responding party on the …
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… A-1681-15T2 T.A., Petitioner-Appellant, v. DEPARTMENT OF COMMUNITY AFFAIRS, DIVISION OF HOUSING, … Argued October 16, 2017 - Decided Before Judges Accurso and Vernoia. On appeal from Department … annual adjusted income. The $3000 cap represents the most a participant can owe and repay within thirty-six …
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… SHERIFF'S DEPARTMENT. Argued October 6, 2016 – Decided Before Judges Alvarez and Accurso.1 On appeal from the Civil Service Commission, Docket No. 2013-1552. Dywon Kelsey, appellant, … penalty decision, the prior infraction that the ALJ weighed most heavily was the 2007 incident. On that occasion, Kelsey …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4833-14T4 MEDFORD LAKES COLONY CLUB t/a MEDFORD LAKES COLONY, … part of the dock that extended over the lake. That meant most of the twenty-foot-wide dock, only a small portion of … of the dock, but had not finished the job when Maida complained to the police. The dispute quickly landed in …
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… Submitted March 8, 2017 – Decided Before Judges Simonelli and Gooden Brown. On appeal from the … (count four); and four counts of first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 (counts six, seven, eight, … indulgently, by viewing the asserted facts in a light most favorable to the defendant. Ibid. We have considered …
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… Submitted March 30, 2017 – Decided Before Judges Hoffman and Whipple. On appeal from Superior … before Judge Bernard DeLury, Jr. The State agreed to recommend a ten year term of imprisonment, 1 Miranda v. … 2d 88 (1997). The judge "should view the facts in the light most favorable to the defendant." State v. Jones, 219 N.J. …
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… Submitted July 18, 2017 – Decided Before Judges Ostrer and Leone. On appeal from the Superior … In this post-judgment matrimonial matter, the trial court compelled defendant and his ex-wife to share equally the … 3 A-4894-15T2 However, her seven-figure net worth was almost ten times Hall's, mainly due to her real estate …
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… Argued October 26, 2017 – Decided Before Judges Simonelli and Haas. On appeal from Superior … thereafter filed a timely petition for PCR. For the most part, defendant attempted to relitigate the same issues … opinion. R. 2:11-3(e)(2). We add the following brief comments. As defendant notes in the point headings to his …
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… Argued November 28, 2018 – Decided Before Judges Koblitz, Currier, and Mayer. On appeal from … appeals from the May 22, 2017 final judgment dismissing his complaint. We affirm. Plaintiff was an employee of Advance … it may utilize the doctrine and "adopt the meaning that is most favorable to the non-drafting party." Pacifico v. …
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… Argued January 16, 2019 – Decided January 31, 2019 Before Judges Nugent and Mawla. On appeal from Superior Court … which he produced. They noticed defendant had become increasingly nervous during the questioning. They … Id. at 226. "Judicial review serves to check only the 'most egregious examples of injustice and unfairness.'" State …
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… Submitted May 6, 2019 – Decided July 15, 2019 Before Judges Sabatino and Sumners. On appeal from the New … of parole for violation and resentencing to county jail; commission of prison disciplinary infractions for one … its disciplinary sanctions of asterisk offense (most serious) and non-asterisk offense (less serious) for …
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… Submitted December 14, 2020 – Decided February 12, 2021 Before Judges Sabatino and Currier. On appeal from the … house where he lived, he noticed there was snow on the common walkways of the rooming house property and the … boarding house. Again, in viewing the facts in the light most favorable to plaintiff as the non-movant, we are …
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… Submitted January 25, 2021 – Decided Before Judges Fasciale and Mayer. On appeal from the Superior … of a third bench warrant. Although the PTI director recommended accepting defendant's application, in August 2018, … is severely limited and designed to address "only the 'most egregious examples of injustice and unfairness.'" State …
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… Respondent-Respondent. Argued November 12, 2020 – Decided Before Judges Alvarez and Mitterhoff. On appeal from the Board … service in the Marine Corps, including significant combat experience. Ibid. The Board did not consider that the … the forfeiture of pension benefits "is reserved for the most egregious cases." Elias raises three points on appeal: …