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- A-4821-18T1 Opinionnjcourts.gov… to dismiss count two of Indictment No. 15-12-2996 and to recommend a third-degree range sentence of a three-year term, … was working to support his family, his father was ill, and ultimately passed away. Defendant admitted knowing he was supposed to appear …
- A-5139-16T4 Opinionnjcourts.gov… Submitted February 25, 2019 – Decided May 1, 2019 Before Judges Messano, Gooden Brown, and Rose. On appeal from … or rejection of an application to enter PTI. Subpart (e) accomplishes two goals. It specifically advises a defendant … these factors only serve to inform a decision on the ultimate principal announced in O'Neill: "the admissibility …
- A-2840-16T4 Opinionnjcourts.gov… used in the shooting was seized from defendant's glove compartment shortly after the incident. Defendant was … hearing, the State presented the testimony of Bridgeton Police Detective Kenneth Leyman. Defendant did not … credible," and determined the stop was justified. Ultimately, the judge concluded the seizure of the firearm …
- A-1528-17T4 Opinionnjcourts.gov… INC., d/b/a MANTIFF MANAGEMENT, INC., Plaintiff, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … prior to the closing and a lump sum at the closing. Mantiff commenced separate actions as to Emerson and Fairview in … from retaining equity through Mantiff, a corporate entity. Ultimately, Dharia abandoned these claims by stipulating to …
- A-0515-18T3 Opinionnjcourts.gov… of Purchase and Property, RFP No. 18DPP00205. Richard Wayne Hunt argued the cause for appellant Central Jersey … is underlined. These statements on the checklist, taken together with the mandatory language in other parts of the … Report, which identified certain rejections that were ultimately rescinded. CJL notes one of the bidders had its …
- A-0151-18T4 Opinionnjcourts.gov… his attorney failed to adequately prepare a defense and communicate with him about his potential diminished capacity … The court accepted Wilson's plea to felony murder, and ultimately sentenced him, in accord with the plea agreement, … that what qualifies as a "bald assertion" may not always be easy to discern. Sometimes, as a practical matter, a …
- A-1403-16T2/A-3953-17T2 Opinionnjcourts.gov… Argued March 6, 2019 – Decided March 29, 2019 Before Judges Nugent and Reisner. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2016-2674 and 2018-1674. Victoria A. … denied Fiscella's request for reconsideration but ultimately awarded him fifty percent of his counsel fees for …
- A-0142-15T1 Opinionnjcourts.gov… was not liable for damages arising out of sexual abuse committed against John Doe by one of the District's former … Dr. Dragan versus Dr. Shakeshaft and, you know, the jury ultimately agreed with Dr. Dragan and did not agree with Dr. … evidence was in conflict and witnesses' testimony was not always entirely consistent." Iacano v. St. Peter's Med. Ctr., …
- A-5003-15T2 Opinionnjcourts.gov… 2016, which affirmed the Board's action and dismissed the complaint. Plaintiff Jeffrey J. Carr appeals from the trial … from the lease would contribute to the Church's budget. Members of the public were permitted to comment, and … of the process[,] which would have certainly rendered the ultimate decision of the Board to be arbitrary, capricious …
- A-5131-15T3 Opinionnjcourts.gov… Submitted December 19, 2017 – Decided Before Judges Carroll and Mawla. On appeal from Superior Court … Defendant returned and was asked by detectives to accompany them to the station for questioning. Defendant … and mitigating factors, applied them to the facts, and ultimately determined to order the sentence suggested by the …
- A-3280-15T1 Opinionnjcourts.gov… on plaintiff, but the pain did not subside, which ultimately led to the removal of the right testicle. … In January 2012, plaintiff was treated by Dr. John Galloway at Emory University Medical Center. Dr. Galloway … the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the …
- A-5326-16T4 Opinionnjcourts.gov… Argued December 12, 2018 – Decided January 14, 2019 Before Judges Accurso and Vernoia. On appeal from Superior … initials "DZ" on a Miranda form. The first officer used a computer to fingerprint defendant and inputted the prints in … demonstrate the reasonable likelihood that his claim will ultimately succeed on the merits under the two-pronged test …
- A-2515-17T2 Opinionnjcourts.gov… Additionally, the MSA addressed equitable distribution, and ultimately, plaintiff received $1,714,148.24 as her share of … '[t]he duties of former spouses regarding alimony are always subject to review or modification by our courts based … For these reasons, the motion judge was not required to revisit and recalculate the college obligation anew and did …
- A-0230-17T4 Opinionnjcourts.gov… ASSISTANCE AND HEALTH SERVICES and UNITED HEALTHCARE COMMUNITY PLAN, Respondents-Respondents. … Argued January 7, 2019 – Decided February 4, 2019 Before Judges Fasciale and Gooden Brown. On appeal from the … at 195 (quoting In re Herrmann, 192 N.J. 19, 28 (2007)). Ultimately, the party challenging an agency's action bears …
- A-4473-16T2 Opinionnjcourts.gov… Argued September 18, 2018 – Decided October 3, 2018 Before Judges Hoffman, Suter and Geiger. On appeal from … FOP grieved the elimination of the benefit. The dispute was ultimately submitted to binding arbitration through the … its submission, claiming the email was "an attorney/client communication which clearly was intended for attorney/client …
- A-2471-15T2 Opinionnjcourts.gov… ORDINANCES. Argued December 21, 2016 – Decided Before Judges Alvarez and Manahan.1 On appeal from the … Group, a consortium of approximately 270 municipalities combined with thirty-five other individual municipalities … represented builders in litigation against municipalities. Ultimately, the judge decided that the draft report …
- A-1431-15T2 Opinionnjcourts.gov… those rules from the day we bought the trampoline. It's always a supervised situation." Winner imposed these rules … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … considerations." Id. at 89. "[W]hether a duty exists is ultimately a question of fairness." Hopkins v. Fox & Lazo …
- A-5434-15T2 Opinionnjcourts.gov… minor. Argued October 1, 2018 – Decided November 15, 2018 Before Judges Fasciale, Gooden Brown and Rose. On appeal from … in Judge Linda Lordi Cavanaugh's written opinion that accompanied the order. I. The allegations of abuse and neglect … both experts credible and well-versed in their fields, she ultimately rejected Dr. Johnson's opinion that defendant did …
- A-4604-15T2 Opinionnjcourts.gov… v. EDWARD CRUZ and E.E. CRUZ & COMPANY, INC., Third-Party Defendants-Respondents. Argued … to discharge the mortgage throughout the entire litigation. Ultimately, the judge made certain reductions to the … the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the …
- A-2134-16T4 Opinionnjcourts.gov… answers to interrogatories and admissions on file, together with the 3 Plaintiff uses the phrase "exceptional … 164 N.J. 11 A-2134-16T4 at 118-19. "The first task is always to determine when the claim accrued. The discovery rule … question of [w]hether [defendant] was a State employee was ultimately resolved" and that "the complaint is not notice …