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… were called to investigate a disturbance at an apartment complex in Lindenwold shortly after midnight on April 20, 2017. Police encountered defendant walking away from the apartment, where it was reported an individual … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" State v. Porter, 216 …
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… Submitted January 19, 2023 – Decided February 2, 2023 Before Judges Mayer and Enright. On appeal from the Superior … counts one, three and five, in exchange for the State's recommendation that he serve consecutive ten-year sentences on … Since two of the counts of first-degree robbery were ultimately run consecutively, [defendant] was sentenced to …
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… Submitted October 25, 2022 – Decided December 29, 2022 Before Judges Messano and Gummer. On appeal from the Superior … Pursuant to the parties' plea agreement, the State recommended dismissing the remaining charges. During the plea … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Porter, 216 N.J. at 355 …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS MIN WU, Plaintiff; v. JAFCO FOODS, … to such products would pass directly from Jafco to the ultimate purchaser. Plaintiff alleges that Jafco is liable … individual defendants and is impermissible. See, Gross v. Waywell, 628 F. Supp. 2d 475, 495 (S.D.N.Y. 2009). A …
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… Submitted January 10, 2023 – Decided February 14, 2023 Before Judges Whipple, Smith, and Marczyk. On appeal from the … 2C:39-7(b) (Count Four); and first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and 2C:11-3(a)(1) or (2) … Superior Court convictions. The trial judge 5 A-1787-20 ultimately found aggravating factors three, six, and nine. …
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… Submitted January 31, 2017 – Decided Before Judges Ostrer and Vernoia. On appeal from the Superior … September 4, 2015 [o]rder is hereby DENIED, for failure to comply with [R.] 4:49-2. Plaintiff did not timely file his … is not done, a reviewing court does not know whether the ultimate decision is based on the facts and law or is the …
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… the front door, at which point the troopers heard a voice coming from the deck on the side of the house ask, "Can I … ensued before defendant was subdued, handcuffed and led away. 4 A-5511-14T3 Defendant's daughter was the only defense … of one or some of the factors is not conclusive of the ultimate determination of whether the right has been …
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… Tragically, Joe, who also suffered from addiction, passed away in November 2021. When Jack was approximately six months … him in the care of Mia. Thereafter, the Division filed a complaint for custody, care, and supervision of Jack under … the Division filed a complaint for guardianship of Jack. Ultimately, the court entered a judgment terminating Cara's …
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… Argued September 29, 2022 – Decided October 19, 2022 Before Judges Geiger and Berdote Byrne. On appeal from the New Jersey Civil Service Commission, Docket No. 2020-2531. Frank C. Cioffi argued the … requires some legally competent evidence to support each ultimate finding of fact to the extent sufficient to provide …
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… Submitted October 17, 2022 – Decided October 25, 2022 Before Judges Mawla and Marczyk. On appeal from the Superior … distributed muscle relaxants. Defendant claimed the victim commented, "I shouldn't be drinking around men because I … demonstrate a reasonable likelihood that [their] claim will ultimately succeed on the merits." Ibid. The court must view …
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… Argued December 13, 2023 – Decided February 6, 2024 Before Judges Firko and Susswein. On appeal from the Superior … Center, $75 Safe Neighborhoods penalty, $50 Violent Crimes Compensation Board penalty, a two-year suspension of driving … Court stressed the judiciary is obligated "to minimize the ultimate miscarriage of justice—the conviction of an …
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… Submitted May 22, 2023 – Decided June 13, 2023 Before Judges Gooden Brown and DeAlmeida. On appeal from the … would also be dismissed. 3 A-1875-21 ensuring that the plea complied with the requirements of Rule 3:9-2, the trial … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22- 10(b). To …
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… Court of New Jersey, Law Division, Burlington County, Complaint No. W-2023-0046-0320. Jennifer B. Paszkiewicz, … of events that occurred in an apartment building hallway.1 1 We note that defendant has not been tried and is … judicial discretion." Id. at 165. "Trial judges make the ultimate decision on release after they consider other …
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… him. Approximately thirty minutes later, A.M. heard a noise coming from the kitchen, investigated, and observed … to Corporal Roberts, a witness, D.W., lived two houses away from the victims' residence. Corporal Roberts testified … (1991) (quoting N.J. Trade Waste Ass'n, 96 N.J. at 18-19). Ultimately, the decision whether to dismiss an indictment …
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… Argued January 23, 2024 – Decided March 11, 2024 Before Judges Haas and Natali. On appeal from the Superior … to bar Piggee's report, arguing the amendment "was not accompanied by a certification of due diligence, or any … summary judgment motion or whether defendant should ultimately prevail on the issues, and nothing in this …
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… regret to note that attorneys Hill and Singer both passed away while the present appeal was pending. 3 A-2691-20 fact, … ventures in operating, through several limited liability companies (LLCs), nearly a dozen Dunkin' Donuts franchises. … merely a matter of "timing" because the secured debts were ultimately paid and Patel was never liable on his guaranty. …
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… R. 1:36-3. 2 A-3114-22 While walking across State Highway 31 in Hampton Township, Tara Florence Temby was struck … administrator of the estate and, in that capacity, filed a complaint against defendant alleging Tara's death was the … family before questioning Paul. Although this gaffe did not ultimately affect the award of damages on Donald's wrongful …
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… work. Defendants disputed a part of that statement and ultimately failed to tender the final payment. In June 2017, … by that time plaintiff's former principal had passed away. Defendants' renewed application again requested over … entitled to an award of attorneys' fees. See Scibek v. Longette, 339 N.J. Super. 72, 86 (App. Div. 2001); Branigan v. …
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… Argued October 10, 2024 – Decided October 22, 2024 Before Judges Mawla, Natali, and Vinci. On appeal from the … plaintiff's motion. On November 28, 2020, plaintiff filed a complaint against defendant asserting a single cause of … attorney devoted to any part of a case are excessive ultimately requires a consideration of what is reasonable …
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… Argued April 11, 2018 – Decided August 31, 2018 Before Judges Fuentes, Manahan and Suter. On appeal from … driver's license had been suspended by the Motor Vehicle Commission (MVC) as a sanction, as opposed to a suspension … 2C:40-22 does not support the trial judge's analysis and ultimate conclusion. The State argues the Legislature …