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njcourts.gov
… Submitted February 7, 2018 – Decided Before Judges Currier and Geiger. On appeal from Superior … (count nine); second-degree possession of a firearm while committing a violation of N.J.S.A. 2C:35-5 or -7, N.J.S.A. … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
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njcourts.gov
… sold defendant the plastic bag, and defendant walked away. A few minutes later the manager saw defendant walk … prepare his case with his counsel; counsel did not obtain a complete copy of the discovery materials; counsel "failed to … FAILED TO ADVISE HIM OF TRIAL STRATEGY AND DEFENSES, ULTIMATELY RESULTING IN A FAR GREATER SENTENCE [THAN] WAS …
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njcourts.gov
… M.D., and Syed Ammer Shah, M.D., and dismissing plaintiff's complaint with prejudice. The motion judge denied … consider plaintiff's opposition and, in any event, the ultimate sanction of dismissal was unwarranted. Finally, she … 6.1 on R. 2:5-1 (2018) (citing Sikes v. Twp. of Rockaway, 269 N.J. Super. 463, 465-66 (App. Div.), aff'd o.b., …
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njcourts.gov
… Submitted October 10, 2018 – Decided Before Judges Hoffman and Suter. On appeal from Superior Court … filed a petition for post-conviction relief (PCR). In a comprehensive written opinion, Judge Dennis Nieves denied … at 242. The identification's 9 A-4429-16T1 reliability and ultimate admissibility must be strictly tested through a …
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njcourts.gov
… Argued May 1, 2018 – Decided May 11, 2018 Before Judges Mawla and DeAlmeida. On appeal from Superior … Okasha and First Link Limo Service, LLC (Law Office of Viscomi & Lyons, attorneys; Daniel Kaye, on the brief). Richard … resulted in a without prejudice dismissal of the case, and ultimately reinstatement of the complaint when the discovery …
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njcourts.gov
… Submitted September 24, 2024 – Decided October 9, 2024 Before Judges Firko and Augostini. On appeal from the Superior … $215.00 per month. On October 30, 2019, plaintiff filed a complaint in the Special Civil Part against defendant for … of execution. However, the judgment remained unsatisfied. Ultimately, on March 2, 2023, defendant's condominium unit …
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njcourts.gov
… Submitted September 17, 2024 – Decided October 21, 2024 Before Judges Gilson and Bishop-Thompson. On appeal from the … 16-04-1216. Jennifer N. Sellitti, Public Defender, attorney for appellant (John J. Bannan, Designated Counsel, on the … because the judge who had overseen the trial had retired. Ultimately, the second judge found that there was sufficient …
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njcourts.gov
… Defendant also argues that the testimony was fresh complaint testimony, and the court further erred by not … to leave the bedroom. Defendant, however, pulled Linda away from the door, threw her to the floor, and told her that … and gave the following answers: Q. Okay. Now did [Alice] ultimately join you in the bathroom? 5 A-2913-23 A. Yes. Q. …
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njcourts.gov
… Argued May 8, 2023 – Decided October 31, 2023 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … disease. He advised her that the father of the baby could come to the office and have his blood drawn for the test[;] … Gwinnell, 96 N.J. 538, 544 (1984). Whether a duty exists is ultimately a question of public policy and fairness. Reed v. …
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njcourts.gov
… Argued October 23, 2024 – Decided November 19, 2024 Before Judges Rose and Puglisi. On appeal from the Superior … his parents in the April 2017 sale of their home. The complaint also asserted a legal malpractice claim against … to a non-client is "necessarily fact-dependent"). The ultimate question is one of fairness. Innes v. …
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A-34-24 Reply Brief
Briefs
njcourts.gov
… DI- VISION DOCKET NO.: A-1286-22 BERKLEY INSURANCE COMPANY, Defendant-Respondent. Sat Below: Hon. Morris Smith, … had a duty to defend. (Pa22.) Berkley knew there was always the “potential that the [Mist Insureds] will be held … consent to the Mist Set- tlement Portion; and (iii) ultimately, Berkley breached the Policy. (Da168-69.) Berkley …
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njcourts.gov
… City of Perth Amboy and dismissing with prejudice Baratta's complaint alleging that the city retaliated against him for … designation. Baratta acknowledges that all of the summonses ultimately were dismissed by the municipal court without the … veterans . . . to be able to show that they're being targeted. There is nothing, quite frankly . . . . 8 A-3560-21 . …
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njcourts.gov
… Submitted December 12, 2023 – Decided December 20, 2023 Before Judges Haas and Natali. On appeal from the Division of Workers' Compensation, Department of Labor and Workforce Development, … for a CT-guided selective nerve root block at T7-T8. Smith ultimately underwent five procedures on his back between May …
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njcourts.gov
… Argued March 25, 2025 – Decided May 1, 2025 Before Judges Sumners and Bergman. On appeal from the Superior … incidents of being sexually assaulted by defendant. After completing the interviews with the children, B.H. agreed to … scheduled oral argument and set a briefing schedule, it ultimately determined defendant failed to file a motion to …
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njcourts.gov
… his motion for return of his property—an Apple laptop computer seized from his residence. He 1 We follow the … the items will be found in the place to be searched." 2 Wayne R. LaFave, Search and Seizure: A Treatise on the … probable cause to search M.G.'s residence, which ultimately led to the seizure of his laptop. The search …
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njcourts.gov
… Submitted September 20, 2023 – Decided December 8, 2023 Before Judges Vernoia and Gummer. On appeal from the Board of … but incorrect about the date. Petitioner's retirement had become due and payable on October 31, 2019. In a December 1, … that the decision about which retirement type to request ultimately was "up to [her]." Instead of making those …
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njcourts.gov
… Seven D's attorney supplied Grove with a copy of Briukhan's complaint. Grove did not move to intervene in the lawsuit. Seven D's and Briukhan ultimately settled the initial lawsuit. Under the written … Super. 453, 461–62 (App. Div. 1996) (citing O'Boyle v. Fairway Prods., Inc., 169 N.J. Super. 165, 167 (App. Div. …
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njcourts.gov
… Submitted December 5, 2022 – Decided January 26, 2023 Before Judges Whipple and Marczyk. On appeal from the Superior … a first-degree offense. In exchange, the State agreed to recommend a sentence of twenty-eight years with eighty-five … facts alleged in the light most favorable to [him], will ultimately succeed on the merits." Ibid. "To establish a …
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njcourts.gov
… out-of-state pursuant to the Interstate Corrections Compact (ICC), N.J.S.A. 30:7C-1 to 12,1 appeals from a … to reviewing how a loss-of- commutation-time sanction will ultimately impact the inmate's original sentence, and it … N.J. Super. 18, 23 (App. Div. 2005) (quoting Henry v. Rahway State Prison, 81 N.J. 571, 579-80 (1980)). "[A]n …
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njcourts.gov
… Submitted November 9, 2022 – Decided March 8, 2023 Before Judges Messano and Gummer. On appeal from the Superior … height to refute the testimony of a witness who had compared his own height to the height of the shooter he had … deportation reference or that the reference impacted the ultimate outcome of the trial . Defendant's argument …