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… the assailant picked it up, along with his jacket, and ran away. A.G. went home and called police. He described the … A.G.'s identification of defendant was of the type commonly known as a show-up identification. "Showups are … reliable accounting for system and estimator variables. The ultimate burden remains on the defendant to prove a very …
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… Defendant was employed by the River Road Trucking Company (RRTC) in Camden. Due to his primary duty to assist … trucking company. Smith and Valentine watched the video together. The video depicted defendant exiting the RRTC office … based upon the content of the statement. Defendant was ultimately released. After several additional interviews …
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… As they drove slowly toward him, defendant was walking away at a quick pace, crossing the street, and "looking in … be "'based on specific and articulable facts which, taken together with rational inferences from those facts, give rise … to justify the officers' pursuit of defendant, and his ultimate arrest. A lawful arrest automatically justifies a …
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… Submitted February 26, 2018 – Decided Before Judges Messano and O'Connor. On appeal from Superior … father, but a paternity test established he is not and the complaint against him was dismissed. The mother contends the … "highly credible" by the court. The underlying event that ultimately led to Sarah's removal from her mother's custody …
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… Submitted January 30, 2018 – Decided Before Judges Hoffman and Mayer. On appeal from Superior Court … 2015 order granting the summary judgment dismissal of his complaint against Hudson City Savings Bank (Hudson City); … court struck, and foreclosure proceeded to final judgment. Ultimately, the parties negotiated a Consent Final Judgment …
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… Argued December 20, 2017 – Decided Before Judges Fuentes, Koblitz and Manahan. On appeal from … a principal of Soriano, Henkel, Biehl & Matthews, PC, to commence the probate of decedent's estate. In furtherance of … of the OTSC, the relief sought was not decided and was ultimately dismissed. At a case conference held on April 20, …
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… Appellant, v. BOARD OF REVIEW, DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT, CARINGHOUSE PROJECTS, AW HOLDINGS, and … or termination, eligible, pursuant to the "unemployment compensation law," [N.J.S.A.] 43:21-1 et seq., for … a reviewing court, while we respect an agency's expertise, ultimately the interpretation of statutes and regulations is …
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… the negotiated plea to a three-year probationary term, together with 180 days in the county jail. After pronouncing … Instead, the judge directed defendant's attorney to now complete Question No. 17 on the original plea form, which … but did so in a manner that was rushed and 10 A-3709-16T2 ultimately unfair to defendant, who demonstrated that he did …
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… that records obtained from Public Service Electric and Gas Company (PSE&G) reflected that one account holder paid the … the brothers leave the front entrance of the residence together. The fact that there was a single front entrance … likelihood that his or her 8 A-0335-16T3 claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… Argued September 18, 2017 – Decided Before Judges Messano and Accurso. On appeal from Superior … demolished, disputes broke out between the parties, leading ultimately to the filing of plaintiff's complaint naming Avalon, Smith, Signature and DePhillips as …
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… informant when it was discovered that he was continuing to commit crimes in New Jersey. The prosecutor's letter also … the prosecutor and the federal government were working together when defendant was arrested, and the prosecutor's … review to the federal courts), as that court remained the ultimate authority as to whether Homeland Security –— a …
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… telephonically May 24, 2017 – Decided September 18, 2017 Before Judges O'Connor and Whipple. On appeal from Superior … is limited. R.1:36-3. A-4292-15T1 2 denying his motion to compel defendant Kathleen M. Kellers to contribute toward … such debt from the net sale proceeds of their home, which ultimately sold in December 2015. At the time of the sale, …
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… requires bidders to: Acknowledge any past or pending civil complaints, complaints to the Better Business Bureau, … are well settled; and that the reasonable likelihood of ultimate success on the merits, and the balance of hardships … N.J. 73, 726 (1999). To that end, an appellate tribunal always has the authority to question whether its jurisdiction …
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… Argued August 15, 2017 – Decided Before Judges Manahan and Gilson. On appeal from Superior … vice president of marketing. After making efforts to obtain comparable employment, plaintiff took a position with a … had made diligent efforts to find comparable work, and ultimately had taken employment with a family business. The …
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… his hands. Suspecting a possible narcotics transaction underway, the detectives decided to investigate further. They … 'to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably … v. Bernokeits, 423 N.J. Super. 365, 372 (App. Div. 2011). Ultimately, "[i]n any given case, the reasonableness of the …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2133-15T4 COMMUNITY FIRE AND WATER DAMAGE RESTORATION, LLC and CHRIS … Argued April 25, 2017 – Decided NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … for counsel with respect to each directed verdict and then ultimately a summation, [counsel agreed to] make their …
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… Steven and Rivka Chaya Kleiman and the limited liability companies they control, plaintiffs Happy Days Adult … in Essex County, which the parties refer to as 300 Broadway. Ferrara was still representing the Kleimans in the 300 … motion] appear[ed] to be an attempt to delay this trial." Ultimately, the judge refused to allow Zucker to withdraw on …
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… Submitted March 1, 2017 – Decided Before Judges Simonelli and Gooden Brown. On appeal from the … the September 30, 2015 Law Division order dismissing her complaint against OneMain Financial for failure to state a … of $13,875.94 and a revised maturity date of May 5, 2022. Ultimately, in December 2013, plaintiff defaulted on the …
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… Argued April 6, 2017 – Decided June 14, 2017 Before Judges O'Connor and Whipple. On appeal from Superior … defendants have not paid the judgment, plaintiffs sought to compel Filipe Pedroso, as principal of Pedroso Law Firm, … Services, L.L.C. Louro, supra, No. A-2599-13. We stated the ultimate jury verdict for unpaid rent "was only against the …
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… and Whipple. On appeal from New Jersey Civil Service Commission, Docket No. 2015-1813. Fusco & Macaluso Partners, … Educational Forum. According to appellant, respondent had always approved her attendance in the past and had compensated … to prove the prima facie case for retaliation because she ultimately attended the forum. On December 12, 2014, CPM …