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… Argued April 3, 2019 - Decided August 6, 2019 Before Judges Accurso and Vernoia. On appeal from the Superior … and concluded that conditions were such that water coming from the pipe would freeze on the asphalt in the area … where plaintiff fell, making it a substantial contributing factor to the accident. The trial court judge rejected …
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… Argued March 12, 2018 – Decided July 17, 2018 Before Judges Accurso, O'Connor and Vernoia. On appeal from … II, LLC appeals from a May 23, 2016 order dismissing its complaint and affirming defendant Woodbridge Township's … complaint. In his oral opinion, he determined the Board's factual findings were supported by the record and, among …
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… Submitted July 23, 2018 – Decided Before Judges Whipple and Suter. On appeal from Superior Court … an evidentiary hearing. After considering the relevant facts in light of the applicable legal principles, we … assault, N.J.S.A. 2C:14-2(b). In exchange, the State recommended the dismissal of the second count, a sentence of …
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… CONDOMINIUM ASSOCIATION, INC., and TAYLOR MANAGEMENT COMPANY, Defendants, and SUZANNE L. STEVINSON, … Submitted February 12, 2019 – Decided Before Judges Fisher and Geiger. On appeal from Superior Court … v. Bahr, 295 N.J. Super. 374, 384 (App. Div. 1996). In fact, the evidence upon which plaintiff sought to undermine …
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… telephonically March 12, 2019 – Decided April 16, 2019 Before Judges Hoffman and Geiger. On appeal from Superior … a motion to recover attorney fees and costs for the work he completed before his discharge. Before deciding the motion, … 234 N.J. Super. 534, 537 (App. Div. 1989). The analysis is fact-sensitive. Ibid. Although there are no "hard and fast" …
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… Argued March 12, 2019 – Decided April 11, 2019 Before Judges Hoffman and Suter. On appeal from Superior Court … is denied "only where the party opposing the motion has come forward with evidence that creates a genuine issue as to any material 4 A-3388-17T3 fact challenged." Brill v. Guardian Life Ins. Co. of Am., …
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… Submitted January 28, 2019 – Decided Before Judges Sabatino and Haas. On appeal from Superior Court … N.J.S.A. 2C:14-2(c). In turn, the State agreed to recommend that defendant be sentenced in the reduced range of … guilty plea in open court. At that time, he admitted to a factual basis supporting the offense. He also acknowledged …
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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 …