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… Plaintiffs- Respondents, v. ZURICH AMERICAN INSURANCE COMPANY, and LEXINGTON NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the …
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… Argued February 28, 2019 – Decided March 28, 2019 Before Judges Simonelli and Firko. On appeal from Superior … of defendant Wal-Mart Stores, Inc. (Wal-Mart). Lee filed a complaint against Wal- Mart on May 21, 2015, and claimed it … the establishment of a schedule. A copy of such order, together with a copy of the petition, shall be served upon …
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… Submitted August 1, 2019 – Decided August 7, 2019 Before Judges Whipple and Firko. On appeal from an … during the sentencing hearing, defendant reaffirmed the factual basis previously given. Defendant was sentenced to two years' probation and has since successfully completed his sentence. On April 25, 2018, defendant filed a …
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… Submitted May 24, 2017 – Decided Before Judges Fuentes, Simonelli and Gooden Brown. On appeal … Gialanella 2 Weber testified that from the rear passenger compartment of the car where he was seated, his view was … in understanding the witness' testimony or in determining a fact in issue." Thus, N.J.R.E. 701 imposes two important …
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… Submitted August 30, 2017 – Decided Before Judges Alvarez and Gooden Brown. On appeal from the … the State agreed to dismiss the remaining counts and to recommend sentencing in the third-degree range, see N.J.S.A. … are specialized courts within the Superior Court that target drug-involved 'offenders who are most likely to benefit …
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… Argued February 28, 2017 – Decided Before Judges Fasciale and Gilson. On appeal from Superior … was driving under the influence of alcohol, despite the fact that the BAC was below the per se level. We again note … and Sufficient to "Undermine Confidence" In the Outcome. POINT [II] Viewed In The Light Most Favorable to …
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… Defendant-Appellant. Submitted March 1, 2017 – Decided Before Judges Simonelli and Carroll. On appeal from the … periodically reviewed to determine if he required continued commitment or if he was eligible for release in accordance … plea. For the reasons that follow, we affirm. The following facts and procedural history are relevant to our review. On …
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… ________________________________ Argued December 7, 2016 Before Judges Higbee and Manahan. Telephonically reargued … 3 A-3928-14T3 In March 2012, plaintiffs filed a one-count complaint alleging defendant was negligent in failing to … answers to interrogatories and admissions on file, together with affidavits, if any, show that there is no …
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… Argued November 14, 2017 - Decided Before Judges Gilson and Mayer. On appeal from Superior Court … reported what he believed to be illegal activities committed by other County employees. After reporting the … brief identifying the genuine and material disputed facts that plaintiff claimed required denial of defendants' …
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… Argued October 18, 2019 – Decided March 6, 2020 Before Judges Ostrer and Vernoia. On appeal from the Superior … and her husband Jeffrey Derstine alleged in a March 2014 complaint that a polypropylene mesh implanted in Kline's … Inc. and Johnson & Johnson defectively designed, manufactured, and labelled the mesh. However, Kline was unable …
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… Submitted October 15, 2019 – Decided Before Judges Rothstadt and Mitterhoff. On appeal from the New … of Labor & Workforce Development, Division of Workers' Compensation, Passaic County, Claim Petition No. 2012-934. … 460 (App. Div. 1965). Thus, this assessment is considered together with the factor addressing the integration of the …
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… Submitted October 19, 2020 – Decided Before Judges Hoffman and Suter. On appeal from the Superior … Gutierrez, an attorney with the American Friends Service Committee (AFSC), advised defendant to petition for PCR. … an evidentiary hearing when "material issues of disputed fact . . . cannot be resolved by reference to the existing …
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… Submitted October 5, 2020 – Decided Before Judges Rothstadt and Susswein. On appeal from the … judge's November 8, 2019 orders denying their motion to compel monetary compensation from plaintiff, Wells Fargo … the parties are familiar with the procedural history and facts of this residential foreclosure litigation, which are …
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… Submitted September 14, 2020 – Decided Before Judges Rothstadt and Susswein. On appeal from the New … final agency decision. I. This case arises from a robbery committed in August 1988. The victim resisted when Anderson … its determination, the Board must consider all pertinent factors, including those set forth in N.J.A.C. …
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… NO. A-4509-18T2 IN RE MATTER OF STATE'S APPLICATION TO COMPEL M.S. TO PROVIDE PASSCODE ____________________________ … Argued October 29, 2019 – Decided Before Judges Fisher and Gilson. On appeal from the Superior … exchanged between Max and Sally. I. We discern the facts from the limited record developed on the motion to …
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… Submitted May 26, 2020 – Decided July 9, 2020 Before Judges Sumners and Natali. On appeal from the Superior … card.3 He also noted seeing cigarillos, which are commonly used to smoke marijuana, inside the car. Burns … to suppress evidence in a criminal case must uphold the factual findings underlying the trial court's decision, …
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… INC., Plaintiff-Appellant, v. CHUBB NATIONAL INSURANCE COMPANY, Defendant-Respondent. … Argued December 2, 2019 – Decided Before Judges Fasciale and Mitterhoff. On appeal from the … of the applicable law, we affirm. We discern the following facts from the record. Arthur J. Nilson (Arthur)1 and Roslyn …
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… Argued September 17, 2019 – Decided Before Judges Accurso and Gilson. On appeal from the Superior … and the court has entered several orders requiring Lynne to comply with the parenting time called for in the September … issue before us is a question of law based on undisputed facts. Accordingly, our standard of review is de novo. See …
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… DIVISION DOCKET NO. A-1528-18T1 BARRY H. GERTSMAN & COMPANY, Plaintiff-Appellant, v. 5218 ATLANTIC AVENUE … Submitted November 6, 2019 – Decided Before Judges Hoffman and Firko. On appeal from the Superior … 2018, arguing that there were no genuine issues of material fact warranting trial as to defendants' breach of the …
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… 10, 2020 1 Improperly pled as American Pool Management. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … trial, plaintiff Sandra Cignarella2 was awarded $85,000 in compensatory damages against defendant American Pool … plaintiff failed to present genuinely disputed issues of fact from which a jury could reasonably infer defendant …