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… Submitted February 24, 2021 – Decided Before Judges Alvarez and Mitterhoff. On appeal from the Board … N.J.S.A. 43:15A-42. We affirm. We discern the following facts from the record. Haviland is a fifty-five- year-old … required Haviland to spend most of the day sitting behind a computer. In 2012, Haviland began to exhibit various …
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… Submitted November 16, 2020 - Decided Before Judges Mayer and Susswein. On appeal from the Superior … judge determines that there are disputed issues of material fact "that cannot be resolved by reference to the existing … or omissions "were outside the wide range of professionally competent assistance." Id. at 690. This requires a showing …
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… Submitted March 3, 2020 – Decided May 11, 2020 Before Judges Gilson and Rose. On appeal from the Superior … Judge Sarah Beth Johnson made detailed findings of fact, which she set forth in a thorough written opinion … inference should arise tha t the State did not fully comply with the procedural requirements established in State …
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… Submitted March 30, 2020 – Decided July 24, 2020 Before Judges Fasciale and Mitterhoff. On appeal from the … an evidentiary hearing. We affirm. We glean the following facts from the record. In January 2015, police arrested … as thirty years. On the bottom of that page, where the recommended sentence from the prosecutor was to be filled in, …
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… Submitted February 3, 2020 – Decided March 4, 2020 Before Judges Messano and Vernoia. On appeal from the Superior … the result of a ruptured Achilles tendon. Plaintiff filed a complaint claiming defendant breached the duty to safely … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …
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… Argued February 6, 2020 – Decided February 21, 2020 Before Judges Alvarez and Nugent. On appeal from the Superior … Policy's plain language excludes coverage, we reverse. The facts are undisputed. USAA insured Tolotti's pick-up truck … was in effect on March 17, 2016—the day, according to the complaint later filed against Tolotti, his negligent …
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… Submitted April 27, 2020 – Decided June 2, 2020 Before Judges Sabatino and Natali. On appeal from the Superior … with codefendants Andre Gross and Boris Curwen, traveled together in a van to confront Wallace, who apparently owed … extended to defendant a plea offer in which it would recommend to the court a sentence of twenty-five years, …
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… Submitted March 25, 2020 – Decided April 23, 2020 Before Judges Fuentes and Enright. On appeal from the Superior … car cross the center line again before it came to a complete stop. After defendant provided the trooper with … Defendant argued his video demonstrated he was unfairly targeted for a motor vehicle stop because every driver on the …
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… Submitted January 28, 2020 – Decided Before Judges Fisher and Gilson. NOT FOR PUBLICATION WITHOUT … law guardian urge that we affirm and permit Chris to become available for selective home adoption. They argue that … 105-page written opinion filed on November 21, 2018. The facts and evidence were detailed in Judge DeLorenzo's …
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… Submitted October 15, 2020 – Decided Before Judges Alvarez and Geiger. On appeal from the Superior … and defendant did not then dispute this version of the facts. Defendant entered a guilty plea to first-degree … was ordered despite being discussed. 4 A-5302-18T4 the outcome. The record contains no indication if defendant was …
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… Submitted October 14, 2020 – Decided Before Judges Moynihan and Gummer. On appeal from the Superior … never asked to cross-examine defendant, we affirm. In the complaint, plaintiff alleged that it had an agreement with … Co. v. Igdalev, 225 N.J. 469, 482 (2016). He stated his factual findings, including that plaintiff's sole witness …
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… Submitted October 24, 2019 – Decided September 9, 2020 Before Judges Suter and DeAlmeida. On appeal from the Superior … of the amount of the judgment. I. We relate the facts from the bench trial. Christine D. Cenaffra (decedent) … Plaintiff filed an Order to Show Cause and Verified Complaint in July 2016, seeking to enjoin defendant, as …
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… Submitted October 28, 2019 – Decided August 12, 2020 Before Judges Moynihan and Mitterhoff. On appeal from the … 25 request, and because plaintiff had an ethical duty to complete the particular matters it had been handling, it … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …
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… Submitted October 13, 2020 – Decided Before Judges Hoffman and Suter. On appeal from the Superior … 2C:39-4(d). Defendant applied for PTI and, although recommended for 3 A-0801-19T2 admission by Probation, the … letter asserted she gave "due consideration of all factors" in reaching her determination. She considered …
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… Submitted October 5, 2020 – Decided Before Judges Fasciale and Rothstadt. On appeal from the … in part. Defendant was convicted in 2014 by a jury of committing second-degree certain persons not to have a … THE PROSECUTOR TO SUDDENLY INTRODUCE BEFORE THE JURY THE FACT THAT DEFENDANT WAS A "PREDICATE FELON," THE …
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… Submitted November 5, 2020 – Decided Before Judges Alvarez and Mitterhoff. On appeal from the … N.J.S.A. 2C:25-17 to - 35. After a careful review of the facts and the applicable legal principles, we affirm. On … knees, back, and buttocks. The trial judge found defendant committed the predicate act of simple assault, contrary to …
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… BRUCE STEVENS, individually and on behalf of TERRAFORM, LLC, Plaintiffs-Appellants, v. JOSEPH CAPPADORA, … Berkshire Valley Associates, LLC's motion to dismiss the complaint and compel arbitration. We vacate the order and … 215 N.J. 265 (2013) analysis. The judge reviewed the Cole factors, but did not consider 360 days of discovery to be …
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… Submitted October 3, 2019 – Decided Before Judges Fisher and Rose. NOT FOR PUBLICATION WITHOUT THE … N.J. at 348. Determinations of parental fitness are very fact sensitive and require specific evidence. Ibid. … long psychiatric history, including her record of non-compliance with mental health services. Defendant 6 …
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… Plaintiff-Respondent, v. KB ELECTRIC SERVICES COMPANY, INC., and THE HARTFORD INSURANCE COMPANY, Third-Party Defendants. … – and KB – no duty to warn about the danger.1 Under the facts here, we disagree and reverse. Summary judgment may be …
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… DOCKET NO. A-1897-18T4 ALLSTATE NEW JERSEY INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY, ALLSTATE NEW JERSEY … Argued December 2, 2019 – Decided Before Judges Fasciale and Mitterhoff. NOT FOR PUBLICATION … In rendering his decision, the judge made findings of fact. This court reviews a judge's factual findings for an …