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… 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 …
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… 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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… would again count the keys after the drivers returned. Ultimately, the fleet coordinator was responsible for … individuals and corporations. Plaintiffs amended their complaint to add Cornucopia as a defendant, clarifying its … all the evidence was breached, to protect users of the highways from the action of a thief who uses the keys left in …
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… of a March 9, 2020 order and dismissing their complaint against defendant CFG Health Systems, Inc. The … foreign material resulted in a perforated gastric ulcer and ultimately sepsis. Plaintiffs filed their complaint on July … with the law. Given the liberty our trial courts have to revisit an interlocutory order in the interest of justice, we …
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… of her autoimmune sequela, Thomas requested a work accommodation for "an area without direct exposure to air … her OSHA complaint was irrelevant; and the DOC's ultimate decision to move her to the Unit was significant. … the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the …
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… 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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… 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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… constitutionally ineffective because he failed to properly communicate the plea offers during his trial. Based on our … understood it. [It] didn't say whether it was discussed." Ultimately, the PCR court determined defendant's trial … of the plea offer. The State contends defendant has always maintained his innocence; whereas, defendant claims …
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… 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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… 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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… 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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… 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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… 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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… 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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… 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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… 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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… 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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… Argued September 19, 2017 – Decided Before Judges Reisner, Hoffman, and Gilson. On appeal from Tax … & Greenberg, LLC, attorneys for intervenor Madison Trust Company as collateral assignee of Stonefield Investment Fund … year, as well as the tax years 2012, 2013, 2014, and 2015. Ultimately, the City only signed a settlement agreeing to a …
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… 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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… two men in dark clothing running, later walking, south and away from the street where the shots were fired. Their faces … identification, K.B. was charged in a juvenile delinquency complaint alleging conduct, which if committed by an adult … His statement was prejudicial because he opined on the ultimate issue of the case: whether defendant was the …