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- A-2050-18T4 Opinionnjcourts.gov… caused by mold - potentially leading to dry rot – and ultimately a major reconstruction of the home." More … does not divulge whether plaintiff actually undertook the recommended repairs, or had others perform the work. After … and 802, and also the parol evidence doctrine. See Conway v. 287 Corp. Assocs., 187 N.J. 259, 270 (2006) …
- A-0747-18T4 Opinionnjcourts.gov… Submitted February 25, 2020 – Decided Before Judges Hoffman and Firko. On appeal from the Superior … ASSISTANCE OF COUNSEL BY FAILING TO CHALLENGE THE FRESH COMPLAINT AND CSAAS[2] WITNESSES AND INSTRUCTIONS. POINT TWO … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
- A-4814-17T1 Opinionnjcourts.gov… v. GEOPEAK ENERGY, a New Jersey Limited Liability Company, and GENE KINGMAN, Defendants-Respondents. … Submitted April 30, 2019 – Decided May 21, 2019 Before Judges Hoffman and Enright. On appeal from Superior … May 11, 2018 order conflicts with the June 9, 2017 order. Ultimately, when it rejected plaintiff’s recycled arguments, …
- A-3036-17T3 Opinionnjcourts.gov… Submitted May 2, 2019 – Decided May 16, 2019 Before Judges Simonelli and Whipple. On appeal from the Board … impaired to discharge the duties of a teacher. Id. at 5. We commented that "[t]he credible evidence in the record … of the risk of medication discontinuation. LoPreto ultimately concluded that Starling continued to be totally …
- A-3107-16T4 Opinionnjcourts.gov… was also convicted of separate possessory firearms offenses committed the day he was arrested, May 20, 2003. He received … ineffective-assistance-of-counsel analysis, that the jury ultimately acquitted defendant of the conspiracy count. … in front of the defendant's home. This evidence, taken together, was extremely probative of the common scheme …
- A-1630-17T3 Opinionnjcourts.gov… Argued February 7, 2019 – Decided June 28, 2019 Before Judges Whipple and DeAlmeida. On appeal from the … as trustee. During the marriage, Daniel was the primary income earner, having had success in the mortgage industry. … a change in circumstances. Vicki opposed the motion. Ultimately, on August 3, 2011, the court entered a consent …
- A-5117-17T4 Opinionnjcourts.gov… Submitted May 30, 2019 – Decided June 28, 2019 Before Judges Alvarez and Mawla. On appeal from the Superior … said on the date of the crime defendant had 5 A-5117-17T4 accompanied him to complete a construction job at … The judge extensively reviewed the decision with him, and ultimately, defendant on the record confirmed that he …
- A-1325-18T4 Opinionnjcourts.gov… Submitted December 16, 2019 – Decided Before Judges Ostrer and Vernoia. On appeal from the Superior … that defendant's crime was not part of a repetitive, compulsive pattern of criminal sexual behavior, and he was … record includes references to both forms of supervision. Ultimately, the indictment was amended and defendant pleaded …
- A-0191-18T1 Opinionnjcourts.gov… Submitted September 23, 2019 – Decided Before Judges Vernoia and Susswein. On appeal from the New … that there is a substantial likelihood petitioner would commit another crime if released on 1 Petitioner’s new … Those decisions, moreover, are inherently subjective, and ultimately must be made by those with experience and …
- A-1552-17T3 Opinionnjcourts.gov… Submitted January 7, 2019 – Decided April 3, 2019 Before Judges Sabatino and Sumners. On appeal from Superior … aggravated manslaughter, and the charge of conspiracy to commit murder was dismissed. 4 A-1552-17T3 In Indictment … "a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
- A-2528-17T2 Opinionnjcourts.gov… Submitted February 28, 2019 – Decided April 3, 2019 Before Judges Simonelli and Firko. On appeal from Superior … to show their hands for the officers' safety, and they complied. Moreano spoke to the passenger, later identified … State v. Smith, 306 N.J. Super. 370, 380 (App. Div. 1997)). Ultimately, "courts will not inquire into the motivation of …
- A-1362-20 Opinionnjcourts.gov… January 4, 2021, plaintiff D.H. filed a domestic violence complaint and obtained a temporary restraining order (TRO) … been slashed. Plaintiff informed her work supervisor, and together they viewed a security video of the incident. The … infer that defendant slashed plaintiff's tires. The judge ultimately found the tire slashing to constitute a "clear …
- A-3678-19 Opinionnjcourts.gov… Argued November 1, 2021 – Decided December 15, 2021 Before Judges Accurso and Enright. On appeal from the Superior … order denying her motion to reinstate her personal injury complaint against defendant Sabrina C. Pinckney. She also … 25 (App. Div. 2007). Instead, the application of good cause ultimately turns on the trial court's "exercise of sound …
- A-0591-20 Opinionnjcourts.gov… Submitted January 11, 2022 – Decided March 4, 2022 Before Judges Currier and Smith. On appeal from the Board of … 2010, appellant stated he sat "on [his] desk at the computer. The end of the term was near, and we just waited … case until approximately 2018. In forming his report and ultimate conclusion, Nehmer relied heavily on an MRI taken …
- A-2278-20 Opinionnjcourts.gov… granting defendant Robert C. Wilson's motion to dismiss his complaint for failure to state a claim. We affirm. Plaintiff … Plaintiff sought compensatory and punitive damages, together with counsel fees and costs.2 Defendant filed a … judicial immunity is an immunity from suit, not just from ultimate assessment of damages." Mireles v. Waco, 502 U.S. …
- A-3062-19 Opinionnjcourts.gov… v. PLYMOUTH ROCK ASSURANCE, d/b/a PLYMOUTH ROCK MANAGEMENT COMPANY OF NEW JERSEY, d/b/a HIGH POINT PREFERRED INSURANCE … Submitted October 6, 2021 – Decided November 5, 2021 Before Judges Whipple and Susswein. On appeal from the … 571 (2002)). "[B]ecause dismissal with prejudice is 'the ultimate sanction,' it should be imposed 'only sparingly' …
- A-2339-19 Opinionnjcourts.gov… Argued September 16, 2021 – Decided September 27, 2021 Before Judges Haas, Mawla, and Mitterhoff. On appeal from the … due to the alleged machinations of defendant, 42nd Liquor ultimately consented to defendant running the LaCosta Lounge … POINT I THE COURT ERRED IN DETERMINING THAT [DEFENDANT] COMMITTED EQUITABLE 6 A-2339-19 FRAUD. a. Legal Standard for …
- A-3131-18 Opinionnjcourts.gov… on the brief). PER CURIAM Plaintiff Allyson Wallace filed a complaint against defendant Starkist for damages arising … 2018, plaintiff for the first time produced a complaint together with a CIS bearing a "filed" stamp dated September … the denial of her last motion because her complaint was ultimately filed within the statute of limitations, her …
- A-0405-19 Opinionnjcourts.gov… Submitted January 19, 2021 – Decided February 9, 2021 Before Judges Sabatino and DeAlmeida. On appeal from the … after defendant's arraignment, the State offered to recommend a four-year sentence with a two-year period of … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Id. at 355 (quoting R. …
- A-2126-19 Opinionnjcourts.gov… JERSEY APPELLATE DIVISION DOCKET NO. A-2126-19 JEFFREY CLIFFORD, KIMBERLEE CLIFFORD, and OWEN CLIFFORD, … and MAHER KOUR, Defendants-Appellants and RLI INSURANCE COMPANY, Defendant. ___________________________ Submitted … because it had issued a bond relating to the transaction, ultimately was dismissed from the appeal. 3 A-2126-19 asked …