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… Argued March 5, 2019 – Decided March 26, 2019 Before Judges Fisher and Hoffman. On appeal from Superior … stumbled1 without falling and broke her ankle. Plaintiff commenced this personal injury action against defendants in … JUDGMENT UNDER N.J.S.A. 59:2-3(c). Even when viewing the facts in the light most favorable to plaintiff, see Liberty …
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… Submitted September 20, 2017 – Decided Before Judges Simonelli and Haas. On appeal from Superior … supervised contact with the children.2 In a certification accompanying her motion, plaintiff denied that her boyfriend … owe substantial deference to the Family Part's findings of fact because of that court's special expertise in family …
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… Submitted October 26, 2017 – Decided Before Judges Simonelli and Rothstadt. On appeal from Superior … address his problems, but he was not able to successfully complete the programs. In addition to addiction issues, … in 2013, defendant was re- incarcerated just prior to the fact-finding hearing in the Title 9 action. He was released …
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… Submitted September 12, 2017 – Decided Before Judges Hoffman and Gilson. On appeal from Superior … these arguments and affirm. I. We derive the following facts from the trial record. On May 4, 2013, a Family Part … factors and the absence of mitigating factors based on competent and reasonably credible evidence in the record. …
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… Argued December 12, 2017 – Decided Before Judges Reisner, Gilson, and Mayer. 1 The third-party complaint named as defendants Arrow Marine Services, LLC, … leased the marina space at the time of the trial, when in fact Arrow had 5 A-2172-15T3 vacated the marina in 2013. …
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… Submitted May 31, 2018 – Decided June 12, 2018 Before Judges Alvarez and Nugent. On appeal from Superior … OF COUNSEL FOR FAILING TO ARGUE ADEQUATELY FOR MITIGATING FACTORS AT SENTENCING. POINT TWO THE PCR COURT ERRONEOUSLY … of discretion. Cannel, New Jersey Criminal Code Annotated, comment 5 on N.J.S.A. 2C:44-1. We find no reason to conclude …
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… Submitted April 18, 2018 – Decided May 8, 2018 Before Judges Koblitz and Manahan. On appeal from Superior … 150 counts of the indictment, which related to sexual acts committed against one child victim, were severed by request … defendant before weighing the aggravating and mitigating factors, and imposing 4 A-0416-15T3 sentence. In fashioning …
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… Argued January 28, 2019 – Decided February 5, 2019 Before Judges Sabatino, Haas and Sumners. On appeal from … with defendants. Instead, we incorporate by reference the factual findings and legal conclusions contained in Judge Hely's thoughtful decision. We add the following comments. The Division assumed custody of Yvonne just seven …
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… Submitted June 6, 2017 – Decided July 21, 2017 Before Judges Reisner and Sumners. On appeal from the New … limited. R.1:36-3. 2 A-1410-15T2 the course of which an accomplice fatally shot the tavern owner. He appeals from the … found that those considerations outweighed the mitigating factors of appellant's participation in various …
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… Argued June 6, 2017 – Decided July 10, 2017 Before Judges Messano and Suter. On appeal from the Superior … the Law Division's February 26, 2016 order dismissing its complaint in lieu of prerogative writs against defendants … Rent Leveling Board (the Board) and Michele Montegna. The facts are straightforward and undisputed. Plaintiff owns …
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… Submitted February 1, 2018 – Decided Before Judges Haas and Rothstadt. On appeal from an … 2C:15-1(b) (count one); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count … 217 N.J. 368, 382 (2014)). We defer to a trial court's fact findings on a Miranda motion, if supported by …
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… Submitted December 7, 2017 – Decided Before Judges Simonelli and Rothstadt. On appeal from Superior … Judge Taylor made specific credibility determinations and factual findings. Her findings of fact are summarized as … the Jones home, who bore no familial relationship, filed a complaint with the police that accused defendant of entering …
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… Argued November 27, 2017 - Decided Before Judges Accurso and O'Connor. On appeal from the Board … September 29, 1999." Counsel addressed each of the eleven factors of N.J.S.A. 43:1-3(c), in arguing Zajkowski's … benefits. The law is clear that decisions by the Board become final unless a request for a hearing is filed within …
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… Submitted December 19, 2017 - Decided Before Judges Fasciale and Sumners. On appeal from Superior … Margate (collectively defendants). The judge dismissed the complaint, determined that any alleged dangerous condition … 140 N.J. 366, 378 (1995). We therefore look at the facts in the light most favorable to plaintiff. Brill v. …
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… Submitted January 29, 2018 – Decided Before Judges Messano and O'Connor. On appeal from Superior … County, Indictment No. 05-09-0820. Eric M. Mark, attorney for appellant. Robert D. Laurino, Acting Essex County … injustice. Substantively, the court found there were no facts to support that plea counsel had been ineffective. II …
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… Argued January 10, 2018 – Decided Before Judges Alvarez and Currier. On appeal from the Board of … work force, she accepted a position as an LPN for a private company, Lincoln Specialty Care, where she works two full … for ordinary disability retirement, the ALJ reasoned: the fact that [petitioner] is able to perform duties in the …
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… Submitted February 13, 2018 – Decided Before Judges Fasciale and Sumners. On appeal from the Board … of Treasury, TPAF No. 398307. Bergman & Barrett, attorneys for appellant (Michael T. Barrett, of counsel and on the … This court found the record contained unresolved issues of fact regarding whether petitioner timely appealed, and …
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… A-3361-17T1 HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR WELLS FARGO ASSET SECURITIES CORPORATION, MORTGAGE … and applicable law, we affirm. We discern the following factual and procedural history from the pleadings and motion … due to non- payment. Plaintiff then filed a foreclosure complaint against defendants in March 2017. Following …
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… Submitted May 14, 2018 – Decided Before Judges Ostrer and Whipple. On appeal from Superior … from the summary judgment dismissal of her negligence complaint against her landlord. She sustained injuries while … August 21, 2018 2 A-3521-16T1 We discern the following facts from the record, extending to plaintiff all favorable …
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… Submitted April 7, 2022 – Decided April 20, 2022 Before Judges Haas and Mawla. On appeal from the Superior … motion on March 5, 2021. In the written findings accompanying her order, the judge explained that plaintiff … previous [o]rder wherein the New York court had the same facts and circumstances before it that are presently before …