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… Argued May 8, 2017 – Decided May 25, 2017 Before Judges Sabatino and Geiger. NOT FOR PUBLICATION WITHOUT … trial court's denial of his motion for leave to amend the complaint at the end of the discovery period to include an … chain was an "aftermarket" item that was not part of the original trailer they had manufactured. Plaintiff filed suit …
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… Argued March 21, 2017 – Decided Before Judges Ostrer and Vernoia. On appeal from the Superior … of the spinal surgery. On June 17, 2009, plaintiff filed a complaint alleging medical malpractice against Zerbo, Lowe, … that her claim was timely because it was asserted in the original complaint against a fictitious defendant in …
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… Submitted December 22, 2016 – Decided Before Judges Lihotz and Whipple. On appeal from Superior … Jr., appellant pro se. Mandelbaum Salsburg, P.C., attorneys for respondent (Jennifer E. Presti, on the brief). PER … and applicable law, we affirm. Plaintiff filed an amended complaint seeking a temporary restraining order, which …
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… Submitted February 14, 2017 – Decided Before Judges Koblitz, Rothstadt and Sumners. On appeal from … entered by the Law Division after a jury convicted him of committing two counts of second-degree of sexual assault … State v. Lazo, 209 N.J. 9, 26 (2012) (alterations in original) (quoting State v. R.B., 183 N.J. 308, 330 (2005)). …
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… Submitted May 25, 2017 – Decided Before Judges Hoffman and O'Connor. On appeal from Superior … the State agreed to dismiss the remaining counts and recommend a sentence of up to twenty-five years of … v. Nuñez-Valdéz, 200 N.J. 129, 139 (2009) (alteration in original) (quoting State v. DiFrisco, 137 N.J. 434, 457 …
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… Submitted December 22, 2016 - Decided Before Judges Lihotz and O'Connor. On appeal from Superior … Kornblatt, defendant's sister, initiated the underlying complaint on behalf of the Estate beneficiaries, alleging … of justice. The appellate court should exercise its original fact finding jurisdiction sparingly and in none but …
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… Submitted May 25, 2017 – Decided Before Judges Hoffman and O'Connor. On appeal from Superior … ineffectiveness forced him to enter the plea. In a lengthy, comprehensive opinion, the PCR court denied defendant's … Here, R.M.'s recantation had limited value, because her original statement was corroborated by other, objective …
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… Argued October 6, 2016 – Decided Before Judges Leone and Vernoia. On appeal from Superior Court … Defendant owned a unit in plaintiff's 376- unit condominium complex in Lakewood. He was pleased with the services until … Co. v. Igdalev, 225 N.J. 469, 482 (2016) (alterations in original) (quoting Model Jury Charge (Civil) § 4.10A "The …
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… Submitted February 6, 2018 - Decided Before Judges Carroll, Leone, and Mawla. On appeal from … claims against him. In September 2014, Lee filed a complaint in the Family Part against Kim for child support, … . . . ."). [Id. at 578 (citation omitted) (alteration in original).] The legislative statement, which explained the …
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… Argued November 8, 2017 – Decided Before Judges Fisher and Moynihan. On appeal from Superior … (2017). A prosecutor may argue in favor of one sentence recommendation or another, but the judge need not accept that … Armour, 446 N.J. Super. 295, 306 (App. Div.) (alteration in original) (quoting State v. Russo, 333 N.J. Super. 119, 137 …
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… DIVISION DOCKET NO. A-2998-15T5 IN THE MATTER OF THE CIVIL COMMITMENT OF A.H., SVP-731-15. ___________________________ … Submitted December 13, 2017 – Decided Before Judges Currier and Geiger. On appeal from Superior … guided by medical expert testimony.'" Ibid. (alterations in original) (quoting D.C., 146 N.J. at 59, 61). We should not …
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… Submitted November 15, 2017 – Decided Before Judges Fuentes and Manahan. On appeal from Superior … Presley to keep his hands in plain view. Presley initially complied, but again moved his hands as Scally spoke with the … [State v. Coles, 218 N.J. 322, 343 (2014) (alterations in original).] The constitution also allows a person the …
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… THE MATTER OF THE APPEAL FROM THE DENIAL OF AN APPLICATION FOR A CHANGE OF ADDRESS ON A NEW JERSEY FIREARMS PURCHASER … Family Automated Case Tracking System. Detective Arnesen recommended 3 A-1235-16T2 C.R.'s application be denied, due to … Consequently, "an appellate court should exercise its original fact finding jurisdiction sparingly and in none but …
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… Plaintiff-Appellant, v. STATE OF NEW JERSEY, DEPARTMENT OF COMMUNITY AFFAIRS, DIVISION OF HOUSING, … Submitted November 29, 2017 – Decided Before Judges Nugent and Geiger. On appeal from Superior Court … granted." Cho, 443 N.J. Super. at 473 (alteration in original) (quoting Pressler & Verniero, Current N.J. Court …
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… 8, 2016 Law Division order dismissing his legal malpractice complaint with prejudice for failure to provide an affidavit … law. [Id. at 155 (emphasis added).] Recently, the Court revisited the issue of a trial court's failure to conduct a … analysis." Tischler, 177 N.J. at 246 (second alteration in original) (citation omitted). Inadvertence such as …
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… Submitted January 8, 2018 – Decided Before Judges O'Connor and Vernoia. On appeal from Superior … vigorously advocate on defendant's behalf. In a lengthy, comprehensive written opinion, Judge Martin G. Cronin … v. Nunez-Valdez, 200 N.J. 129, 139 (2009) (alteration in original) (quoting State v. DiFrisco, 137 N.J. 434, 457 …
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… Argued November 27, 2017 – Decided Before Judges O'Connor and Vernoia. On appeal from the New … Should they choose to pursue their interest, they must comply with the current zoning regulations and . . . apply … Quest Academy Charter Sch., 216 N.J. at 385 (alterations in original) (quoting Mazza v. Bd. of Trs., 143 N.J. 22, 25 …
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… Submitted September 12, 2018 – Decided Before Judges Gilson and Natali. On appeal from Superior Court … R. 1:36-3. September 18, 2018 2 A-0575-17T1 In this commercial foreclosure action, defendant Shree Swaminarayan … principal, with unpaid interest and advances, would become immediately due and payable at plaintiff's option. In …
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… Submitted May 6, 2019 – Decided May 24, 2019 Before Judges Sabatino and Susswein. On appeal from Superior … counts. Pursuant to the plea agreement, the State recommended a fifteen-year sentence for counts one and two, … his conduct.2 The applicability of 2 In defendant's original PCR petition, he argued that at the time of the …
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… Submitted February 28, 2019 – Decided May 22, 2019 Before Judges Simonelli and Whipple. On appeal from Superior … field sobriety tests, though Stevens smelled no alcohol coming from defendant. Stevens administered the horizontal … 449 N.J. Super. 159, 172-73 (App. Div. 2017) (alteration in original) (quoting State v. Jones, 195 N.J. Super. 119, …