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… Submitted November 10, 2022 – Decided February 10, 2023 Before Judges Gooden Brown and Mitterhoff. On appeal from the … an Essex County indictment with second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1 (count one); two … petition" and that "the [PCR] judge did not comment in any way on [the] defendant's remaining claims." Id. 15 A-0255-21 …
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… Michael Torres, appellant pro se. Law Office of Frank A. Viscomi, attorneys for respondent T.U.C.S. Cleaning Service … the property." Plaintiff testified that he was making his way home via the Port Authority Bus Terminal, which he did … arrange how the parties will all call in to the [c]ourt together to proceed with oral argument. Defense counsel are …
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… the State Health Benefits Plan. The State Health Benefits Commission subsequently allowed Newark to withdraw its … before. The City claimed a grievance objecting to the move away from Horizon in 2016 was untimely, and the Union should … is ours). Determining he did not "have the power to revisit issues raised by the City concerning the merits of …
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… Upon the officers' arrival, a large man stood in the doorway of the home and yelled obscenities when the EMT asked … went to the emergency room at a different hospital and complained of pain in her right shoulder. The hospital took … set forth" and he "did not emphatically explain or tie together that the partial tears 10 A-2606-21 were a direct …
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… Argued January 24, 2023 – Decided July 5, 2023 Before Judges Messano and Rose. On appeal from the Superior … 2C:35-4; second-degree possession of a firearm while committing a CDS offense, N.J.S.A. 2C:39-4.1(a); and … time and/or equitable jail credits to remediate in some way the time lost in receiving [him] from [GHCF]." Having …
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… her cross-motion for summary judgment, and dismissing her complaint with prejudice. Because the motion judge … By October, they were talking about going into business together. She wanted to operate a boutique or décor store; he … and what was happening. [Defendant] was the one who always told me what was going on, how it was going to happen. …
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… DOCKET NO. A-2607-22 NEW JERSEY MANUFACTURERS INSURANCE COMPANY, Plaintiff-Appellant, v. LALLYGONE LIMITED LIABILITY … Argued January 17, 2024 – Decided January 25, 2024 Before Judges Haas and Gooden Brown. On appeal from the … 596, 604 (2020)).] Subrogation can arise in one of three ways, either through "(1) an agreement between the insurer …
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… Submitted February 7, 2024 – Decided February 29, 2024 Before Judges Firko and Susswein. On appeal from the Superior … previous relationship who was adopted by defendant after becoming an adult. After plaintiff filed for divorce, the … that garnishing defendant's wages was the only consistent way plaintiff had received any money from defendant, "and to …
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… INSURANCE GROUP, INC., and MASSACHUSETTS BAY INSURANCE COMPANY, MARSCHIL INSURANCE AGENCY, INC., d/b/a NORTHEAST … the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the … could certainly be used and inhabited, just not in the way the business[] would have liked"). Applying what we …
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… N. SOSIS, Plaintiff-Appellant, v. TOWNSHIP OF MANSFIELD COMMITTEE and DENA HREBENAK, in her official capacity as … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … affecting the public is discussed or acted upon in any way . . . . [Ibid.] The OPMA establishes requirements for …
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… approximately 3.564 acres, would have a 200-foot-long driveway "coming from Route 9" with "gated access" that would be … on a shift. 5 A-1135-21 Unlike the detox facility, visitors would be permitted at the inpatient facility but on … was "deficient" because "[m]ere recitals of testimony together with a parroting of the statutory language is …
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… CONSECUTIVE SENTENCES UPON DEFENDANT, THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN FAILING TO PROVIDE A FULL AND … the burglary that were in the car. Given these details, together with Sorber's "general experience with criminal … An informant's veracity may be established in a variety of ways. For example, the informant's past reliability will …
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… and CATHERINE R. MCCABE, in her official capacity as Commissioner of the New Jersey Department of Environmental … Argued June 15, 2023 - Decided August 1, 2023 Before Judges Currier, Mayer and Enright. On appeal from the … under the ADA." The swing set did not relate "in any way to [plaintiff]'s ability to breathe properly," and it …
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… from an April 4, 2022 Law Division order dismissing his complaint against defendant Toyota Motor Sales, U.S.A., Inc. … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … v. Celotex Corp., 127 N.J. 404, 417 (1992)). Stated another way, an expert is required to "'give the why and wherefore' …
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… Submitted December 13, 2023 – Decided February 12, 2024 Before Judges Currier and Susswein. On appeal from the … Regarding the credibility of the uncalled witness compared to the actual witnesses, the judge concluded, … strategic decision. Second, it shows defendant was in no way prejudiced by the failure to call Kernizan as a trial …
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… Submitted February 7, 2024 – Decided February 27, 2024 Before Judges Currier and Firko. On appeal from the Superior … Division order for judgment dismissing their verified complaint with prejudice. Appellants sought: a declaration … or their counsel for the next five years. McClure passed away on April 17, 2020. The former Bergen County Assignment …
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… Submitted March 22, 2023 – Decided June 13, 2023 Before Judges Firko and Natali. On appeal from the Superior … ineffective and did not prejudice his defense in any way. As to the first Strickland prong, the court found … was "alert," 7 A-1873-20 "responsive," "focused," able to comprehend questions, and to "express himself in a coherent …
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… APPELLATE DIVISION DOCKET NO. A-1255-22 W.M. and M.A.M, Complainants-Appellants, v. JOSHUA AIKENS, LISA CARLSON, … Submitted February 27, 2024 – Decided May 24, 2024 Before Judges Mayer and Enright. On appeal from the School … with the standards set forth" in the statute. Thus, by way of example: 1. Factual evidence of a violation of …
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… Argued October 31, 2023 – Decided November 28, 2023 Before Judges Rose and Perez Friscia. On appeal from the … from a June 1, 2022 final judgment, which dismissed their complaint in lieu of prerogative writs and entered judgment … as permitted by N.J.S.A. 40:55D-107. 4 A-3485-21 access by way of pull[-]down stairs to the third floor." The …
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… as tenants, (collectively, the parties) executed a written commercial lease on November 10, 1995 (the Original Lease). … any force or effect"; (8) "shall not be modified in any way . . . except by a writing executed by both parties"; (9) … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …