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… Submitted February 14, 2018 – Decided Before Judges Koblitz and Suter. On appeal from Superior Court … defendant were not prosecuted. Defendant filed a motion to compel admission to PTI. The prosecutor's brief in … "The fourth degree offense that defendant is charged with committing . . . does not carry a presumption against …
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… Submitted May 21, 2018 – Decided June 12, 2018 Before Judges Rose and Firko. On appeal from Superior Court of … the pertinent facts set forth in Judge H. Matthew Curry's comprehensive written opinion denying defendant's admission … a bookkeeper at the Land of Make Believe in Hope, defendant committed multiple acts of theft from her employer, …
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… Submitted May 16, 2018 – Decided May 31, 2018 Before Judges Manahan and Suter. On appeal from Superior Court … N.J.S.A. 2C:11-3(a)(1); first-degree murder during the commission of a crime, N.J.S.A. 2C:11-3(a)(3); first-degree … for defendant's plea agreement, the State agreed to recommend a sentence of ten years in New Jersey State Prison, …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-2171-17T2 BOB MEYER COMMUNITIES, INC., a New Jersey corporation, … Plaintiff-Appellant, v. OHIO CASUALTY INSURANCE COMPANY, and AMERICAN FIRE AND CASUALTY COMPANY, … Submitted April 16, 2018 – Decided Before Judges Messano and O'Connor. On appeal from Superior …
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… Argued April 23, 2018 – Decided May 15, 2018 Before Judges Sabatino, Ostrer and Rose. On appeal from … UIM policy form. I. The underlying facts are uncomplicated and essentially undisputed. On November 15, … coverage corresponding to her settlement with Rite Aid. She points out that the UIM statute, N.J.S.A. 17:28-1.1, does …
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… Submitted February 26, 2018 – Decided Before Judges Messano and Vernoia. On appeal from Superior … Plaintiff filed a motion for a new trial raising two points. She argued that although the judge ruled pretrial … that Dr. Robbins' testimony was properly limited to comparing MRIs of plaintiff's two shoulders in support of …
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… Argued December 11, 2018 – Decided February 7, 2019 Before Judges Hoffman, Suter and Geiger. On appeal from … Bernadette Harper, a New Jersey Manufacturers Insurance Company (NJM) insured, sustained injury to her lower back in … N.J.A.C. 11:3-29.5." Endo Surgi filed a Law Division complaint under N.J.S.A. 2A:23A-13 of the Alternative …
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… Submitted October 17, 2018 – Decided Before Judges Alvarez and Reisner. NOT FOR PUBLICATION WITHOUT … concerns had no value. Plaintiff disagrees with those points and contends that defendant's appeal is untimely and … in the initial judgment and adjusted certain dates for compliance. The November 29 amendment extended plaintiff's …
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… Submitted January 8, 2019 – Decided Before Judges Fisher and Geiger. On appeal from Superior Court … written opinion. R. 2:11-3(e)(2). We add only the following comments. To put defendant's ineffectiveness claims into … 11, 2004, Lois's neighbor heard: her scream; a male voice command her to "shut up"; and noises that suggested someone …
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… Submitted April 27, 2017 – Decided Before Judges Hoffman and O'Connor. On appeal from Superior … contended the assistant prosecutor made prejudicial comments during her summation that warranted reversal. … an order from prison 4 A-3488-15T2 Defendant argued these comments denied him a fair trial. We disagreed, determining …
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… Submitted January 18, 2017 – Decided Before Judges Koblitz and Sumners. On appeal from Superior … vehicle, with Hriczov driving, when they heard loud music coming from defendant's vehicle. After they activated their … pulled over defendant's vehicle in a well-lit area with commercial businesses. The officers were dressed in plain …
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… Argued telephonically February 1, 2017 – Decided Before Judges Koblitz and Sumners. On appeal from Superior … plaintiffs Maria Pulice's and Frank Pulice's negligence complaint as a result of a waiver Maria signed releasing the … is public interest in holding a health club to its general common law duty to business invitees--to maintain its …
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… Argued February 14, 2017 – Decided Before Judges Fasciale and Gilson. On appeal from Superior … property. In March 2015, Nationstar filed its foreclosure complaint. Defendants retained counsel to defend them in the … Defendants essentially argued that they received the complaint, they immediately retained counsel, and counsel …
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… DIVISION DOCKET NO. A-1791-14T2 IN THE MATTER OF THE CIVIL COMMITMENT OF A.F., SVP-689-14. … Submitted December 12, 2016 – Decided Before Judges Haas and Currier. On appeal from the Superior … from the September 30, 2014 order that continued his commitment to the Special Treatment Unit (STU) in Avenel …
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… Defendant-Appellant. Argued November 10, 2016 – Decided Before Judges Alvarez and Manahan.1 On appeal from the … westbound traffic because of the loud sound of a motorcycle coming from his left. Because he was looking towards the … of exceptional circumstances, which she cannot do. We commence our discussion by noting it would be sheer …
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… Submitted February 16, 2017 – Decided Before Judges O'Connor and Whipple. On appeal from Superior … 181 N.J. 391, 419 (2004) (quoting Manalapan Realty v. Twp. Comm., 140 N.J. 366, 378 (1995)). To prevail on a claim of … of counsel "were outside the wide range of professionally competent assistance." Ibid. Adequate assistance of counsel …
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… ___________________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … at the facility. The facility contained a six- building compound. Asbestos-containing products were manufactured there. Various companies, including UCC, supplied asbestos to the …
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… Submitted May 16, 2017 – Decided Before Judges Espinosa and Grall. On appeal from the Superior … Permanency's (Division) unopposed request to dismiss its complaint. See N.J.S.A. 9:6-8.70.2 J.C. has five children, … condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent . …
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… Submitted March 14, 2017 – Decided Before Judges Reisner and Rothstadt. On appeal from the … continued knocking on the door. Plitt asked defendant to come down and talk to him. With his hand still in his left … judge in her oral decision, adding only the following comments. We conclude that the evidence adduced at the …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … final judgment dismissing with prejudice her third-party complaint against BRAC. Judge Philip C. Carchman 1 Plaintiff … Roman filed an answer, counterclaim, and third-party complaint against BRAC for alleged violations of the New …