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… Argued September 17, 2018 – Decided Before Judges Messano and Rose. On appeal from Superior Court … judge agreed and entered an order dismissing plaintiff's complaint for non-economic damages.1 Plaintiff timely moved … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …
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… Submitted January 15, 2019 – Decided May 8, 2019 Before Judges Rothstadt and Gilson. On appeal from Superior … PCR court's determination because we concluded that its "factual finding that defendant was not concerned about his … family members who lived there, defendant had virtually no communications with them. Addressing his 1993 offense, when …
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… Argued January 10, 2019 – Decided May 6, 2019 Before Judges O'Connor and Whipple. On appeal from Superior … the cause for respondent Robert Greer (Law Offices of Viscomi & Lyons, attorneys; Mario C. Colitti, on the brief). … accident caused a permanent injury. Rule 703 provides: The facts or data in the particular case upon which an expert …
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… Submitted February 12, 2019 – Decided April 23, 2019 Before Judges Fisher and Hoffman. On appeal from Superior … on each other substantively. They must therefore be read together." Id. at 502. Judge Deitch also rejected defendant's … of N.J.S.A. 39:3-10, which prohibits the operation of a commercial motor vehicle with an alcohol concentration of …
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… Submitted May 20, 2019 – Decided June 4, 2019 Before Judges Mitterhoff and Susswein. On appeal from Superior … of the agreement. Defendants argue that the foreclosure complaint should be dismissed under the doctrine of unclean … EVEN CONDUCT A PLENARY HEARING AS TO WHETHER THERE WAS IN FACT AN AGREEMENT BETWEEN THE PARTIES, IS REVERSIBLE ERROR. …
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… Submitted May 6, 2019 – Decided May 30, 2019 Before Judges Sabatino, Sumners and Susswein. On appeal from … of plaintiff Jesus Gonzalez's employment discrimination complaint against his former employer, defendant Electronic … (App. Div. 1997). Thus, the judge "cannot resolve material factual disputes upon conflicting affidavits and …
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… Submitted August 5, 2019 – Decided August 9, 2019 Before Judges Sabatino and Rose. On appeal from an … by the police to be one in which drug transactions were common. He stopped his patrol car at the intersection of … three African-American males walking down the street together. One of them, Jerry Pyles, separated from the other …
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… Submitted October 3, 2018 — Decided Before Judges Koblitz and Ostrer. On appeal from Superior … should have cautioned the jury regarding its use of fresh complaint testimony. Having determined that, in light of the … In summation, defense counsel dwelled on the fact that S.M. elaborated on the incident in her trial …
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… Submitted April 24, 2018 – Decided October 3, 2018 Before Judges Mawla and DeAlmeida. On appeal from Superior … relief (PCR) without a hearing. We affirm. I. The following facts are derived from the record. In the early morning … A.G.'s identification of defendant was of the type commonly known as a show-up identification. "Showups are …
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… DIVISION DOCKET NO. A-1015-15T3 SELECTIVE INSURANCE COMPANY OF AMERICA, Plaintiff-Respondent, v. TRH BUILDERS, … Submitted February 16, 2017 – Decided Before Judges Hoffman, O'Connor and Whipple. On appeal from … OPINION." POINT III: AT A MINIMUM THERE WAS AN ISSUE OF FACT AS TO WHETHER THE PROPERTY DAMAGE MANIFESTED DURING THE …
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… Submitted October 31, 2017 - Decided Before Judges Reisner and Mayer. On appeal from Superior Court … child support obligation was contingent on defendant's satisfaction of the criteria set forth in Lepis v. Lepis, 83 N.J. … August 2015 motion. The judge's statement of reasons accompanying that order noted that the MSA addressed …
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… Argued September 19, 2017 – Decided Before Judges Fisher and Moynihan. On appeal from the Superior … by estoppel." Because the underlying circumstances were fact- sensitive and clouded by the passage of time, and … reasonable inferences, we reverse. The circumstances are uncomplicated but also uncertain. 1701 is the owner of a …
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… Argued January 24, 2018 – Decided Before Judges Currier and Geiger. On appeal from Superior … the record and applicable principles of law, we affirm. The facts relating to the charges, trial, and post-conviction … in which he pled guilty to second-degree conspiracy to commit racketeering, N.J.S.A. 2C:41-2(d) and N.J.S.A. …
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… Argued October 30, 2018 – Decided February 5, 2019 Before Judges Rothstadt and Gilson. On appeal from Superior … for the reasons expressed by Judge John P. McDonald in his comprehensive written decision. The salient facts are undisputed. The parties were married on January 8, …
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… MATTER OF RAMONA CARTER Argued November 2, 2016 – Decided Before Judges Alvarez and Manahan.1 On appeal from the Civil Service Commission, Docket No. 2013-2328. Mark W. Catanzaro argued … – "[f]alsification: intentional misstatement of material fact in connection with work . . . or in any record [or] …
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… Submitted November 17, 2016 – Decided Before Judges Lihotz and O'Connor. On appeal from New Jersey … from the May 12, 2015 final decision of the assistant commissioner of the Department of Children and Families, … 9:6-8.21(c)(3).1 We affirm. I We discern the following facts from the record. In November 2012, appellant lived in …
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… Submitted November 27, 2017 – Decided Before Judges Ostrer and Whipple. On appeal from an … observations of the character and demeanor of witnesses and common human experience that are not transmitted by the … placed by the police to Sanchez before the arrest, and together with the fact that Sanchez had utilized accomplices …
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… Submitted February 5, 2018 – Decided Before Judges O'Connor and Vernoia. On appeal from Superior … of his right to counsel and had obtained counsel, the outcome of the 1994 proceeding would have 4 A-1824-16T4 been … legal determinations or conclusions based upon the facts. State v. Goodman, 415 N.J. Super. 210, 225 (App. Div. …
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… Submitted April 6, 2022 – Decided June 27, 2022 Before Judges Gilson and Gummer. On appeal from the Superior … investigated his [or her] case, he [or she] must assert the facts that an investigation would have revealed, supported … second-degree possession of a firearm while 6 A-2171-20 committing a CDS offense, N.J.S.A. 2C:39-4.1(b); and …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … INTERNATIONAL, INC., and DYNAMIC TOWING EQUIPMENT AND MANUFACTURING, INC., Defendants-Respondents. … LLC, and Chayim Goodman, appeal the dismissal of their complaint, which contained, among others, a claim that …