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… Argued October 22, 2024 – Decided November 15, 2024 Before Judges Gilson, Bishop-Thompson and Augostini. On appeal … on August 18, 2023 dismissing their medical malpractice complaint against several defendants, including Newark Beth … the law and legal consequences that flow from established facts are not entitled to any special deference." Manalapan …
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… Submitted October 11, 2018 – Decided Before Judges Simonelli and DeAlmeida. On appeal from Superior … use, N.J.S.A. 2C:39-5(d); and first-degree conspiracy to commit murder, N.J.S.A. 2C:11-3(a)(1),(2) and N.J.S.A. … of ineffective assistance, material issues of disputed fact lie outside the record, and resolution of the issues …
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… Submitted September 25, 2017 - Decided Before Judges Accurso, O'Connor and Vernoia. NOT FOR … Services, LLC following a bench trial. Because the factual findings and legal conclusions of the trial judge … form at least as broad as the most recent edition of Commercial General Liability Coverage Form (CG 00 01) as …
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… Submitted October 31, 2018 – Decided Before Judges Alvarez and Mawla. On appeal from Superior Court … child support consistent with this opinion. The following facts are taken from the motion record. The parties were … as well as the circumstances that the parties' relative incomes, as further set forth in this agreement, would be …
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… Submitted September 18, 2018 – Decided Before Judges Yannotti and Gilson. On appeal from Superior … smacked his sister. She wanted 3 A-1863-16T4 defendant to come to the apartment and talk to the man who struck his … FAILURE OF TRIAL COUNSEL TO PRESENT ALL RELEVANT MITIGATING FACTORS AT SENTENCING. II. The PCR court should conduct an …
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… Defendant-Appellant. Submitted November 8, 2018 – Decided Before Judges Alvarez and Nugent. On appeal from Superior … Act, N.J.S.A. 2C:43-7.2. He appeals and we affirm. The facts are drawn from the record. Shortly after midnight on … gave the jury a self-defense instruction. The judge also complied with the State's request to charge the jury as to …
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… Argued April 18, 2018 – Decided Before Judges Koblitz and Suter. On appeal from Superior Court … order dismissing his order to show cause and verified complaint that sought to vacate an arbitration award and … plaintiff's "behavior was deemed to include aggravating factors." Those found "were that this [t]eacher did not back …
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… Argued September 18, 2017 – Decided Before Judges Messano and Vernoia. On appeal from Superior … facility, N.J.S.A. 2C:35-7.1 (count four); third-degree manufacturing of a controlled 1 Co-defendants Aaron C. Ritman … The hypothetical provided a brief but detailed and comprehensive summary of all of the drug-related evidence …
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… Submitted December 4, 2017 – Decided Before Judges Messano and Vernoia. On appeal from Superior … concerning his alleged health problems; and supply complete tax returns. In June 2016, defendant moved to … photographs of plaintiff and her alleged paramour together. Plaintiff filed opposition and a cross-motion.1 In …
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… KEVIN VO t/a GORGEOUS NAILS, Third-Party Plaintiff, v. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … limited. R. 1:36-3. 2 A-0615-15T2 FRANKLIN MUTUAL INSURANCE COMPANY, Third-Party Defendant/ Respondent. … entry against Vo trading as Gorgeous Nails. The following facts are taken from the record. Plaintiff Colleen Boruch …
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… Submitted May 7, 2019 – Decided June 10, 2019 Before Judges Hoffman and Geiger. On appeal from Superior … urge us to affirm. Our review of the record shows the factual findings of the trial judge are supported by … to the Division that she lived in a motel and had no income or benefits, but assured investigators she was prepared …
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… Submitted December 13, 2018 – Decided May 29, 2019 Before Judges O'Connor and DeAlmeida. On appeal from Superior … and twelve-year-old V.M. entered a park in Elizabeth accompanied by their mother, G.S.-M. (mother). J.M., who was … men pointed a gun at her stomach. Although the gun was, in fact, a starter pistol, J.M. believed it to be real. 1 We …
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… Argued November 29, 2018 – Decided April 11, 2019 Before Judges Whipple and DeAlmeida. On appeal from Superior … 56:12-14 to -18. Plaintiffs, representing a putative class, complained defendants Guaranteed Motor Towing Service … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …
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… Argued May 9, 2017 – Decided Before Judges Rothstadt and Mayer. On appeal from Superior … for the reasons stated by Judge Stuart A. Minkowitz in his comprehensive, twenty-three page statement of reasons … 7, 2016 order entering judgment in favor of plaintiff. The facts derived from the record can be summarized as follows. …
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… Submitted May 10, 2017 – Decided Before Judges Hoffman and Whipple. On appeal from Superior … the suppression record and the applicable law, we are compelled to reverse. I. We discern the following facts from the suppression hearing. On September 19, 2014, …
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… OF K.M.K., Minor. Submitted September 12, 2017 – Decided Before Judges Carroll and Leone. On appeal from the Superior … test. We incorporate by reference Judge Miller's detailed factual findings, and highlight the following. Judge Miller … not impeached during cross-examination or undermined by competing expert opinions." The judge similarly found Lind's …
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… Submitted May 10, 2017 – Decided Before Judges Lihotz and Whipple. On appeal from Superior … imposed was manifestly excessive because aggravating factors were improperly applied. We are unpersuaded and … Martina and identified defendant in a photo array. Accompanied by Officer Martina, Ruiz identified the blue Honda …
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… Submitted February 27, 2017 – Decided Before Judges Nugent and Haas. On appeal from Superior Court … alleged that on September 6, 2007, defendant and two accomplices shot at another man, Jeffrey Christopher, who … and it says . . . that one , they were playing basketball together. The other says, is his child's mother . . . who said …
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… Argued May 23, 2017 – Decided June 1, 2017 Before Judges Yannotti and Fasciale. On appeal from Superior … Dr. Richard J. Mills; December 18, 2015, dismissing the complaint as to defendant Dr. Philip H. Tsai; and February … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …
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… Submitted March 30, 2017 – Decided Before Judges Lihotz and Hoffman. On appeal from Superior … undergoes a substance abuse evaluation and engages in any recommended treatment. Defendant argues the trial court erred … matters," we owe particular deference to "family court factfinding." Cesare v. Cesare, 154 N.J. 394, 413 (1998). We …