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njcourts.gov
… (1) an October 24, 2014 order denying his application to compel his entry into the pre-trial intervention program … v. Carlucci, 217 N.J. 129, 144 (2014) (first alteration in original) (quoting Berkemer v. McCarty, 468 U.S. 420, 442, … It is not the prior DUI convictions that are being revisited or enhanced with an additional penalty. Instead, the …
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njcourts.gov
… Submitted January 19, 2017 – Decided Before Judges Alvarez and Accurso. On appeal from Superior … County, because nothing was available in Bergen, she had become irate, storming out and choosing instead to expose her … of the amended complaint as she had of the Division's original filing. She was entitled to nothing more. 13 …
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njcourts.gov
… Submitted February 15, 2017 – Decided Before Judges Simonelli and Carroll. On appeal from the … where police observed "a strong smell of alcoholic beverage coming from his breath." At the accident scene, officers … State v. Keyes, 184 N.J. 541, 554 (2005) (alteration in original) (citation omitted). "[A]n appellate court's role …
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njcourts.gov
… Submitted January 24, 2017 – Decided Before Judges Reisner and Koblitz. On appeal from the Superior … the contentions advanced on appeal, we affirm. I Defendant originally pled guilty to the disorderly persons offense of … victim's injuries: Besides the laceration[,] her eye was completely closed. It was so swollen that it was closed . . …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE … that plaintiff failed to produce sufficient evidence to overcome the presumptive validity of the assessment. As a …
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njcourts.gov
… Submitted July 13, 2017 – Decided Before Judges Yannotti and Haas. On appeal from Superior Court … 2017 2 A-3358-15T2 against defendant Progressive Insurance Company (Progressive) with prejudice. We affirm. We briefly … as a true copy "contemporaneously" with the mailing of the original). Even so, the trial judge properly found that Ms. …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… Submitted April 3, 2017 – Decided Before Judges Haas and Currier. On appeal from Superior Court … Ibid. The Court "refer[red] to the Criminal Practice Committee the preparation of a rule for [its] consideration … which a reviewing court cannot enjoy." Ibid. (alteration in original) (quoting Robinson, supra, 200 N.J. at 15). We do …
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njcourts.gov
… Submitted March 28, 2017 – Decided Before Judges Fasciale and Sapp-Peterson. On appeal from … An individual (the 9-1-1 caller) and four people (her company) were sitting on her porch. The 9-1-1 caller … State v. Wakefield, 190 N.J. 397, 438 (2007) (alteration in original) (quoting State v. Papasavvas (I), 163 N.J. 565, …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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 …