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- njcourts.gov… bilateral radiculopathy. Dr. Weiss utilized a Patient Outcome Measurement System that followed an American Medical … not find a clinical correlation between Grace's subjective complaints and the objective findings of the magnetic … agreed they were unable to correlate Grace's subjective complaints of pain to his orthopedic diagnoses. In short, …
- njcourts.gov… ASSOCIATION, INC., Plaintiff-Respondent, v. RGD HOLDING COMPANY, LLC, RMC MEZZANINE COMPANY, LLC, RMC GTIS DIXON, LLC, GOLDENTREE INSITE 72ND ST … and RMFL, LLC, Defendants-Appellants, and ROBERT MARTIN COMPANY, LLC, PROSPECT CAPITAL GROUP, LLC, GREG BERGER, MARK …
- A-2375-22 – STATE OF NEW JERSEY VS. ALEXANDER LARA (11-04-0912, CAMDEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… 2010, at around 10:30 p.m., defendant and his co-defendant committed armed robberies involving different victims in two … terroristic threats, and first-degree conspiracy to commit armed robbery. After severance of certain counts and … N.J.S.A. 2C:12-3(b); and second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1(a)(1). The jury …
- A-3503-19 – STATE OF NEW JERSEY VS. ALAN R. FRATELLO (18-08-1157, MIDDLESEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… we affirm for the following reasons. 3 A-3503-19 The complete factual and procedural history are recited in our … he acted under duress. In other words, he was coerced to commit the offense due to the use of unlawful force against … as the gravity of the harm; the seriousness of the crime committed, the identity of the person endangered, and the …
- njcourts.gov… Beg's opinion as a net opinion, and dismissing plaintiff's complaint with prejudice. We affirm. I. We summarize the … property had not been shoveled. She alleged that the combination of snow and ice caused her to fall. Plaintiff … On February 22, 2021, plaintiff filed a personal injury complaint against defendants. To support her negligence …
- njcourts.gov… murder, N.J.S.A. 2C:11-3(a)(3); second-degree conspiracy to commit armed robbery, N.J.S.A. 2C:5-2 and 2C:15-1; two … On direct appeal, defendant argued, among other points, that the trial court erred when it imposed the … written opinion. R. 2:11-3(e)(2). We add only the following comments. We agree with the motion court's conclusion that …
- njcourts.gov… Hannah B. Kurtz and Eric V. Kurtz, dismissing his complaint against them stemming from an automobile accident. … insurance coverage, under provisions approved by the Commissioner of 1 Defendants Michael A. Tita and Kimberly … uninsured driver a very powerful 5 A-1519-23 incentive to comply with the compulsory insurance laws: obtain automobile …
- njcourts.gov… motion for summary judgment, and dismissed the amended complaint with prejudice. We affirm. In February 2020, … of interest (LOI) to provide financing for plaintiff's commercial hotel property. Among other terms, defendant … (SBA) 504 loan through a Certified Development Company (CDC).1 The LOI did not require plaintiff to obtain …
- njcourts.gov… a Union County indictment with second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(1) and N.J.S.A. … Caraballo and an unidentified juvenile. The three agreed to commit an armed robbery and drove around in Caraballo's car … a negotiated guilty plea to count one (conspiracy to commit robbery). Under the terms of the plea agreement, in …
- njcourts.gov… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0189-23 NEW COMMUNITY CORPORATION, Plaintiff-Respondent, v. FIRST ZION … trespass, and conversion, and granting plaintiff New Community Corporation summary judgment to quiet title. We … the pile. In November 2021, plaintiff filed a five-count complaint in the Chancery Division for ejectment, trespass, …
- njcourts.gov… and (b) for summary judgment and dismissing plaintiffs' complaint with prejudice; and (3) February 17, 2023, denying … reconsideration. Plaintiffs filed a legal malpractice complaint against defendants and James R. Lisa, Esq.2 … the rule for reconsideration" and "merely argue[d] the same points from [their] prior opposition." The court concluded …
- A-2481-20 – STATE OF NEW JERSEY VS. JAMAAL B. MCCALL (19-04-0227, UNION COUNTY AND STATEWIDE) Opinionnjcourts.gov… second-degree possession 3 A-2481-20 of a firearm while committing a controlled dangerous substance ("CDS") crime, … PTI application, claiming because of two extraordinary and compelling reasons he should be admitted into PTI. First, … for such consent requires "a statement of extraordinary and compelling circumstances that justify consideration of the …
- njcourts.gov… DIVISION DOCKET NO. A-3003-22 IN THE MATTER OF THE CIVIL COMMITMENT OF K.W., SVP 559-10. … appeals from a February 2022 order continuing his civil commitment to the State's Special Treatment Unit ("STU"), … ten-year-old niece, and a 1999 sexual assault. He was first committed to the STU in 2010, after completing his last …
- A-0665-22 – STATE OF NEW JERSEY VS. LEONARD K. JOHNSON (15-09-0825, CUMBERLAND COUNTY AND STATEWIDE) Opinionnjcourts.gov… a probability sufficient to undermine confidence in the outcome" of the trial. Ibid. "[A] court need not determine … 154, 170 (App. Div. 1999)). A PCR petition must be "accompanied by an affidavit or certification by defendant, or …
- A-2740-23 – STATE OF NEW JERSEY VS. LUDOVICO ARICO (MA-2023-022, ESSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… fluid crossing over the roadway's yellow lines into the oncoming lane of traffic and leading to a white pickup truck … stating he recognized a "distinct odor of alcohol coming off" defendant, and that his "[e]yes were bloodshot." … "errors in counting" were "numerous," therefore he "did not comply with the counting instructions." The judge "found …
- A-0687-22 – A.M.M. VS. A.M.U. (FV-08-1326-22, GLOUCESTER COUNTY AND STATEWIDE) (RECORD IMPOUNDED) Opinionnjcourts.gov… tried to move his hand away and told him she was uncomfortable and did not want to have sex. Then defendant … his choice not to testify. The trial judge found defendant committed the predicate act of assault. The judge determined … N.J. 373, 387 (2016) (citing Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995)). 7 A-0687-22 …
- njcourts.gov… suffered physical injuries. Plaintiffs thereafter filed a complaint in the Law Division alleging that Nancy's injuries … UCPA moved for summary judgment on all counts in the complaint, arguing that plaintiffs' claims were barred by the common law immunity from liability for injuries resulting …
- A-0053-21 – DEEGAN ROOFING, INC. VS. RICHARD BAHADURIAN (L-0145-18, UNION COUNTY AND STATEWIDE) Opinionnjcourts.gov… with plaintiff to repair a section of a roof on a commercial building defendant owned. Plaintiff performed the … fees as permitted under the contract. In his answer to the complaint, defendant admitted he did not pay for the work. … and significant damage" to the building as well as to a commercial tenant's equipment and personal property. …
- A-1012-21 – BEVERLY DAIRSOW VS. STATE HEALTH BENEFITS COMMISSION (STATE HEALTH BENEFITS COMMISSION) Opinionnjcourts.gov… DAIRSOW, Petitioner-Appellant, v. STATE HEALTH BENEFITS COMMISSION, Respondent-Respondent. … and Mitterhoff. On appeal from the State Health Benefits Commission, Department of the Treasury. Richard M. … in January 2013. In addition to her own testimony, she points to her physician's assertion that appellant would not …
- njcourts.gov… [a] person is guilty of carjacking if in the course of committing an unlawful taking of a motor vehicle, as defined in R.S. 39:1-1, or in an attempt to commit an unlawful taking of a motor vehicle he: 4 A-3210-20 … voluntarily, and intelligently or that it did not comport with Rule 3:9-2." After reviewing the transcript of …