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… TONY PING YEW, Plaintiff-Appellant, v. FMI INSURANCE COMPANY, Defendant-Respondent. _____________________________ … Submitted May 11, 2020 – Decided June 22, 2020 Before Judges Messano and Ostrer. On appeal from the Superior … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …
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… Argued May 13, 2020 – Decided June 1, 2020 Before Judges Fuentes and Mayer. On appeal from the Superior … under N.J.S.A. 2C:24-4(b)(5)(a). The State agreed to recommend a five-year sentence with a two-and-one-half year … period of parole ineligibility. The judge found aggravating factors one and nine applied, N.J.S.A. 2C:44-1(a)(1) and …
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… Argued February 22, 2021 – Decided September 15, 2021 Before Judges Messano, Hoffman and Smith. On appeal from the … R.M. appeals, arguing the trial court erred in finding he committed the predicate act of harassment and that plaintiff … ended it in February 2019. Plaintiff and defendant lived together during their relationship, and plaintiff worked …
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… Submitted February 1, 2021 – Decided September 9, 2021 Before Judges Hoffman and Suter. On appeal from the Superior … According to the plea form, the State agreed to recommend defendant receive 3 A-4857-18 539 days of gap time … question before [us] is whether defendant has alleged any facts that, when viewed in the light most favorable to him, …
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… Submitted January 27, 2021 - Decided May 17, 2021 Before Judges Ostrer and Accurso. On appeal from the Superior … of the petition, and to require that defendant submit competent evidence to satisfy the standards for relaxing the … and "that there is a reasonable probability that if [his] factual assertions were found to be true[,] enforcement of …
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… Submitted February 28, 2022 – Decided March 8, 2022 Before Judges Fasciale and Vernoia. On appeal from the … and a May 31, 2019 1 The judge's statement of reasons accompanying the December 3, 2018 order refers to the date of … in 2012, demonstrated that Felix and Grimes communicated together and that those records were relevant to his …
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… Submitted February 10, 2021 – Decided April 21, 2021 Before Judges Alvarez and Sumners. On appeal from the Superior … defendant's convictions for second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2, N.J.S.A. 2C:15-1; … outcome of the proceedings because the arguments were, in fact, presented to those courts." Defendant contends trial …
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… Submitted March 17, 2021 – Decided April 20, 2021 Before Judges Alvarez and Mitterhoff. On appeal from the … an evidentiary hearing. We affirm. We discern the following facts from the record. On March 21, 1993, defendant, a … probability is a probability sufficient to undermine the outcome." Id. at 694. Defendant's claims are unquestionably …
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… Submitted March 31, 2020 – Decided May 4, 2020 Before Judges Hoffman and Firko. On appeal from the Superior … sentence. We affirm. I. We briefly summarize the relevant facts. Defendant was convicted on two counts of purposeful … third PCR petition was time-barred because it did not comply with Rule 3:22-12(a)(4). Again, we affirmed. State v. …
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… Submitted June 30, 2020 – Decided July 20, 2020 Before Judges Vernoia and Rose. On appeal from the Superior … THERE IS A REASONABLE PROBABILITY THAT IF . . . DEFENDANT'S FACTUAL ASSERTIONS WERE FOUND TO BE TRUE, ENFORCEMENT OF THE … health issues "could amount to excusable neglect to overcome the time bar." Following argument on November 30, 2017, …
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… Submitted February 26, 2020 – Decided April 7, 2020 Before Judges Koblitz and Gooden Brown. NOT FOR PUBLICATION … pursuant to Rule 1:38-3(d)(12). 2 After the February 2017 fact finding hearing, S.T.'s motion to transfer venue from … in relying on S.T.'s history of mental illness when no competent evidence of her illness was admitted into …
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… Submitted March 26, 2020 – Decided July 10, 2020 Before Judges Alvarez and Suter. On appeal from the Superior … the rear yard. At some unknown time after the conveyance, a combination concrete/wood fence was erected around the … intend to remove the fencing. The following are undisputed facts. Between 1995 and 2000, the Picinichs parked their …
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… Argued October 16, 2019 – Decided October 25, 2019 Before Judges Fisher and Accurso. On appeal from the Superior … by refusing to close; the judge awarded $31,653.80 in compensatory damages in seller's favor on her … which requires deference to a trial judge's findings of fact when they are supported by credible evidence. Rova …
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… Submitted December 5, 2019 – Decided Before Judges Nugent and DeAlmeida. On appeal from the … 31, 2018 order of the Special Civil Part dismissing her complaint for damages incurred as a result of her dog … Canseo placed Rivera's dog and his dog in the basement together. The following day, Canseo telephoned Rivera to …
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… Argued November 12, 2019 – Decided Before Judges Sumners and Natali. On appeal from the Board of … immediately following the filing of a federal criminal complaint charging Eady with one count of illegal … federal custody. The letter did not mention any legal or factual basis for requesting a hearing to challenge any of …
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… Submitted October 1, 2020 – Decided Before Judges Ostrer and Vernoia. NOT FOR PUBLICATION WITHOUT … to pay a referral fee to Colin Stanton, Ajapcaja's worker's compensation attorney. Stanton filed a motion to intervene … Clark. "When actions involving a common question of law or fact arising out of the same transaction or series of …
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… Submitted February 10, 2020 – Decided May 15, 2020 Before Judges Fasciale and Rothstadt. On appeal from the … See State v. Fields, 227 N.J. 218 (2016). The facts underlying defendant's conviction are set forth in our … issued an order denying defendants petition, supported by a comprehensive fifteen-page written decision. After reviewing …
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… Submit November 18, 2019 – Decided Before Judges Sabatino and Sumners. On appeal from the … opinion of Judge William A. Daniel. We add only a few comments. The underlying facts are detailed in our April 2016 unpublished opinion and …
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… Submitted April 29, 2020 – Decided May 4, 2021 Before Judges Fuentes and Haas. On appeal from the Superior … nursing home. We disagree. Based on the undisputed salient facts of this case and mindful of the standards established … but it is not limited to, nursing care malpractice, common law professional negligence, violation of the rights …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … judgment the parties entered into an accord and satisfaction and thereby finally resolved all the known claims … and circumstances that bring this matter before us are uncomplicated. Following the death of her husband, plaintiff …