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- A-4938-18T1 Opinionnjcourts.gov… Argued telephonically May 4, 2020 – Decided June 11, 2020 Before Judges Sabatino, Sumners and Geiger. On appeal from the … based on his training and experience, he understood this comment to mean defendant had two bundles of heroin on his … Ibid. 7 King, 44 N.J. at 352-53. The trial court's original written opinion after the suppression hearing …
- A-4524-17T3 Opinionnjcourts.gov… Argued September 18, 2019 – Decided Before Judges Whipple, Gooden Brown and Mawla. On appeal from … Matthew Spencer, and dismissing her employment related complaint with prejudice. The allegations in the complaint … because of their race, color, religion, sex, or national origin." Gerety v. Atl. City Hilton Casino Resort, 184 N.J. …
- A-0432-17T4 Opinionnjcourts.gov… Submitted November 18, 2019 – Decided Before Judges Messano, Vernoia, and Susswein. On appeal from … doorway, she saw a young man in the middle of the street come toward towards the bar door, "and [he] started … State v. Fuentes, 217 N.J. 57, 74 (2014) (alteration in original) (quoting Megargel, 143 N.J. at 500). Here, the …
- A-5884-17T1 Opinionnjcourts.gov… Submitted March 30, 2020 – Decided July 15, 2020 Before Judges Sumners and Natali. On appeal from the Superior … her job, which required extensive reading, writing and computer use, as "sedentary." Defendant participated in the … Rochman, who had taken over the matter from defendant's original counsel Thomas Hagner on May 6, 2010, filed an …
- A-3262-17T2 Opinionnjcourts.gov… Defendant-Appellant. Argued October 7, 2020 – Decided Before Judges Fuentes, Rose and Firko. On appeal from the … CONVICTION MUST BE OVERTURNED BECAUSE THE FRESH COMPLAINT EVIDENCE PRESENTED TO THE JURY WAS IMPROPER AND … State v. Sloane, 193 N.J. 423, 429 (2008) (alteration in original) (quoting State v. Stovall, 170 N.J. 346, 355 …
- A-3756-15T2 Opinionnjcourts.gov… Argued May 15, 2018 – Decided July 26, 2018 Before Judges Fisher, Sumners and Natali. On appeal from … REVERSIBLE ERROR. 3 A-3756-15T2 POINT II THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY PRECLUDING STAR FROM … "any lost 'benefit of [the] bargain.'" Ibid. (alteration in original) (quoting Furst v. Einstein Moomjy, Inc., 182 N.J. …
- A-3493-15T1 Opinionnjcourts.gov… Argued November 14, 2017- Decided Before Judges Leone and Mawla. On appeal from Superior Court … numbness that became "stabbing sharp pains." Dr. Vega recommended physical therapy. On July 25, 2012, plaintiff saw … City of E. Orange, 225 N.J. 400, 413 (2016) (alteration in original) (citations omitted). Thus, an appellate court …
- A-1137-15T1/A-1148-15T1 Opinionnjcourts.gov… Submitted May 7, 2018 – Decided Before Judges Accurso, O'Connor and Vernoia. On appeal from … disability" is currently accepted in the medical community "to describe the identical phenomenon." Hall v. … v. Cole, 229 N.J. 430, 448 (2017) (first alteration in original) (quoting State v. Thompson, 59 N.J. 396, 421 …
- A-4777-16T1 Opinionnjcourts.gov… Submitted April 2, 2019 – Decided May 13, 2019 Before Judges Yannotti, Rothstadt and Natali. On appeal from … 2C:11-3(a)(1) or (2), with the aggravating factor of committing murder to escape detection, in violation of … as to shock the judicial conscience." [Ibid. (alteration in original) (quoting State v. Roth, 95 N.J. 334, 364-65 …
- A-2098-15T4 Opinionnjcourts.gov… Defendant-Appellant. Submitted March 20, 2018 - Decided Before Judges Yannotti and Carroll. On appeal from Superior … lifted latent fingerprints from the window, which were then compared against a database that contained fingerprints from … State v. Miller, 108 N.J. 112, 116 (1987) (alteration in original)). Merger of convictions ensures that a defendant …
- A-3310-15T4 Opinionnjcourts.gov… Argued March 5, 2018 – Decided Before Judges Sabatino, Ostrer and Rose. On appeal from … entry into the house seven days later. The closing was not completed on its scheduled date, due to the buyer's failure … or other data." Townsend, 221 N.J. at 53-54 (alterations in original) (quoting Polzo v. Cnty. of Essex, 196 N.J. 569, …
- A-0596-17T2 Opinionnjcourts.gov… Argued December 18, 2018 – Decided March 18, 2019 Before Judges Fisher, Geiger and Firko. On appeal from the … demanding, twenty-six-week program in December 2004. After completing various assignments he was transferred to … Ret. Sys., 198 N.J. 215, 223 (2009) (alteration in original) (quoting In re License Issued to Zahl, 186 N.J. …
- A-0226-09T2 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … He alleged his demotion was in retaliation for certain complaints he had voiced about practices he had observed at … an employer, because of the race, creed, color, national origin, ancestry, age, marital status, . . . or sexual …
- A-5924-09 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Kaltnecker, for damages and an order directing them to comply 1 Hedi Leistner was known as "Hedi Mizrack" when the … testified on behalf of plaintiffs about his company's original appraisal of Fairmount in 1995, and a re-valuation …
- A-2273-12 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Ho Lee $247,987.32 for defendants' breach of contract on a commercial sale. We reverse. The jury heard competing claims … to Defendants pursuant to the terms and conditions of the original lease. Plaintiff shall cooperate with Defendants in …
- A-3783-19 Opinionnjcourts.gov… Argued May 3, 2021 – Decided July 19, 2021 Before Judges Sabatino, Currier and DeAlmeida. On appeal from … that some records are missing and surmises that other communications must have been documented and were not … education program,' or IEP." Ibid. (alteration in original) (quoting 20 U.S.C. § 1401(9)(D)). "The IEP is the …
- A-1529-19 Opinionnjcourts.gov… Argued February 10, 2021 – Decided July 16, 2021 Before Judges Geiger and Mitterhoff. On appeal from the … Nurseries, LLC (Holmdel or the LLC), including workers' compensation coverage. Plaintiff alleged Purdy was negligent … 178, 197 (2008). [225 N.J. 373, 397 (2016) (alteration in original).] As with summary judgment motions, the court must …
- A-2542-19 Opinionnjcourts.gov… Argued May 10, 2021 – Decided July 12, 2021 Before Judges Rothstadt and Mayer. On appeal from the Superior … 10:5-1 to -49, and it awarded plaintiff Rebecca McCarthy compensatory and punitive damages.1 The trial court also … 320 N.J. Super. 467, 478 (App. Div. 1999) (alteration in original) (quoting Fuentes v. Perksie, 32 F.3d 759, 765 (3d …
- A-2574-18 Opinionnjcourts.gov… Submitted May 17, 2021 – Decided September 13, 2021 Before Judges Sabatino, Gooden Brown and DeAlmeida. On appeal … THE STATEMENT WAS NOT TRUSTWORTHY. POINT II THE TRIAL COURT COMMITTED PLAIN ERROR BY ALLOWING CONFUSING EXPERT TESTIMONY … and correction . . . .'" Id. at 250-51 (alteration in original) (quoting State v. Locurto, 157 N.J. 463, 471 …
- A-0329-19/A-1846-19 Opinionnjcourts.gov… G.T. (a fictitious designation), Plaintiff-Respondent, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … from orders denying their motions to dismiss the respective complaints of plaintiffs R.A. and G.T. pursuant to Rule … sector."'" Ben Elazar, 230 N.J. at 134 (alterations in original) (quoting Beauchamp v. Amedio, 164 N.J. 111, 116 …