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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: …
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… Submitted October 15, 2020 – Decided Before Judges Alvarez and Geiger. On appeal from the Superior … was ordered despite being discussed. 4 A-5302-18T4 the outcome. The record contains no indication if defendant was … on defendant's family. Unfortunately, that is true in most cases. Absent some extraordinary circumstance, not …
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… Submitted January 12, 2021 – Decided March 26, 2021 Before Judges Fisher and Moynihan. On appeal from the Superior … (App. Div. 2016), and considering "the facts in the light most favorable to [the] defendant," State v. Preciose, 129 … 387, 400 (App. Div. 2013); R. 3:22-12(a)(1)(A). "Absent compelling, extenuating circumstances, the burden to justify …
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… Submitted January 26, 2021 – Decided March 26, 2021 Before Judges Gilson and Moynihan. On appeal from the Superior … charges would delay his eligibility to apply to end his community supervision for life (CSL), which had been imposed … explained that the fifteen years ran from defendant's most recent conviction or release from prison, whichever was …
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… NO. A-5704-18T3 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, INCORPORATED, MORTGAGE … summary judgment and denying defendant's cross-motion to compel discovery, as well as from the July 22, 2019 final … loan servicer employees (who will ultimately have the most involvement with a [n]ote and [m]ortgage) execute 7 …
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… Submitted October 24, 2019 – Decided September 9, 2020 Before Judges Suter and DeAlmeida. On appeal from the Superior … Plaintiff filed an Order to Show Cause and Verified Complaint in July 2016, seeking to enjoin defendant, as … decedent for just a short period of time before her death; most of the transportation was for defendant. Plaintiff …
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… reliance on Empire's expert's property valuation was misplaced because: (1) property photos relied upon by expert … is a market-driven concept which considers a property's "most profitable, competitive use to which [it] can be put." … and instead found it would be reasonable for a hypothetical buyer to purchase the 5 A-3389-18T3 property and use the …
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… Submitted April 27, 2020 – Decided June 2, 2020 Before Judges Sabatino and Natali. On appeal from the Superior … extended to defendant a plea offer in which it would recommend to the court a sentence of twenty-five years, … hearing, the PCR court should view the facts in the light most favorable to the defendant." State v. Jones, 219 N.J. …
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… Submitted February 1, 2021 – Decided September 9, 2021 Before Judges Hoffman and Suter. On appeal from the Superior … According to the plea form, the State agreed to recommend defendant receive 3 A-4857-18 539 days of gap time … has alleged any facts that, when viewed in the light most favorable to him, are sufficient to demonstrate a …
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… Argued March 10, 2021 - Decided June 4, 2021 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … absence of other bids. In February 2019, the City filed a complaint to foreclose the certificates pursuant to the In … and IMJ1 was required to provide the tax assessor with its "most recent address." The City served IMJ1 at the address it …
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… Submitted May 12, 2021 – Decided June 3, 2021 Before Judges Ostrer and Accurso. On appeal from the Superior … to his 2011 conviction of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1; … Trial counsel noted defendant was not convicted of the most serious charges in the indictment and his brother …
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… Argued April 21, 2021 – Decided May 26, 2021 Before Judges Sumners and Mitterhoff. On appeal from the … Gibson argued the cause for appellant (Law Offices of Viscomi & Lyons, attorneys; Colin Gibson, on the briefs). Gregg … thumb, and left knee. He was discharged that same day. Almost three years earlier, plaintiff sustained injuries to …
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… Submitted March 16, 2022 – Decided March 28, 2022 Before Judges Accurso and Enright. On appeal from the Superior … for the reasons set forth in Judge Gregory L. Acquaviva's comprehensive oral opinion, and add the following comments. … a domestic violence restraining order should issue – is most often perfunctory and self- evident." 387 N.J. Super. …
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… NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0820-20 DREW BRADFORD, Plaintiff-Appellant, v. JENNIFER LEVEY, … of emotional distress (IIED) count of his third amended complaint against defendant Jennifer Levey; and (2) motions … the pertinent facts from the motion record in a light most favorable to plaintiff as the non-moving party. See R. …
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… Submitted August 2, 2021 – Decided August 24, 2021 Before Judges Mayer and Susswein. On appeal from the Superior … on his 1987 murder conviction. He was 16 years old when he committed the crime. Defendant was tried and convicted in … not only been afforded that opportunity but also made the most of it by earning parole and achieving release from …
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… Submitted March 17, 2021 – Decided April 20, 2021 Before Judges Alvarez and Mitterhoff. On appeal from the … probability is a probability sufficient to undermine the outcome." Id. at 694. Defendant's claims are unquestionably … Even viewing defendant's factual assertions in the light most favorable to him, he has failed to establish a prima …
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… Submitted January 21, 2020 – Decided Before Judges Messano and Ostrer. On appeal from the Superior … loan went into default in July 2012, and plaintiff filed a complaint in foreclosure against defendant and her husband, … that the contesting answer defendants filed "alleged most of the issues [they] now wish to litigate and which …
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… Submitted March 26, 2020 – Decided July 10, 2020 Before Judges Alvarez and Suter. On appeal from the Superior … the rear yard. At some unknown time after the conveyance, a combination concrete/wood fence was erected around the … evidential materials presented, when viewed in the light most favorable to the non-moving party, [were] sufficient to …