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… Argued October 10, 2018 – Decided November 8, 2018 Before Judges Gilson and Natali. On appeal from Superior Court … Reid appeals from a December 15, 2017 order dismissing his complaint with prejudice and compelling arbitration. We … employment to a separate affiliated company. I We take the facts from the record developed on the motion to compel …
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… Defendant-Appellant. Argued October 30, 2018 – Decided Before Judges Rothstadt, Gilson, and Natali. On appeal from … her that the child was fine. 6 A-0817-16T4 Following the completion of the evidentiary hearing, on December 1, 2014, … In its opinion, the trial court made detailed findings of fact and conclusions of law. Significantly, the court found …
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… Submitted September 24, 2018 – Decided Before Judges Fasciale and Rose. On appeal from Superior Court … WAS AN IMPROPER DISCOVERY VIOLATION, SO AFFECTING THE OUTCOME THAT THE CONVICTION SHOULD BE OVERTURNED [(raised … in understanding the witness' testimony or in determining a fact in issue." The opinion testimony of police officers, …
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… Submitted January 14, 2019 – Decided Before Judges Haas and Mitterhoff. On appeal from Superior … party in an action to collect defendant's share of a common assessment to repair a leaking roof. Based upon our … upon proper notice to the appropriate unit owner, together with interest thereon and, if authorized by the …
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… Submitted November 2, 2017 – Decided Before Judges Simonelli and Rothstadt. On appeal from Superior … me. I'm not interested anymore." Defendant did not comply and sent plaintiff several text messages, requesting … You don't have a past. You don't have children together. . . . . And . . . you had . . . I guess about six …
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… Submitted March 20, 2018 – Decided Before Judges Yannotti and Mawla. On appeal from Superior … three); second-degree possession of a firearm during the commission of a drug offense, N.J.S.A. 2C:39-4.1(a) (count … CONTESTING THE EXISTENCE OF THE PRIOR CONVICTION, OR THE FACT THAT IT SATISFIES THE ELEMENT OF THE CRIME, AND WHERE …
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… Argued May 9, 2018 – Decided May 25, 2018 Before Judges Currier and Geiger. On appeal from Superior … Daniel Rizzo appeals from an August 22, 2017 order compelling arbitration of his discrimination claims and … to say Vincent Morra was a non-signatory because Morra in fact signed the agreement for Island Medical. He clearly is, …
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… Argued April 16, 2018 – Decided June 5, 2018 Before Judges Sabatino and Rose. On appeal from Superior Court … 5 on R. 2:6-2 (2018). 2 CARFAX is an electronic database compiling vehicle history information from "thousands of … than a vehicle without such a history." Because a trier of fact "may accept or reject all or part of an expert's 10 …
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… Submitted January 23, 2019 – Decided May 13, 2019 Before Judges Rothstadt and Natali. On appeal from Superior … and he read and understood it before he signed the completed form. On October 13, 2000, the 1 Neither party has … petition to be time-barred under Rule 3:22-12 because the fact that 5 A-2948-17T2 deportation policies changed after …
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… Argued May 15, 2018 – Decided June 5, 2018 Before Judges Yannotti and Carroll. On appeal from Superior … from a November 7, 2017 order denying their motion to compel arbitration and stay further proceedings in this … only to arbitration and that derive their meaning from the fact that an agreement to arbitrate is at issue. This is not …
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… Submitted January 28, 2019 – Decided April 3, 2019 Before Judges Messano and Fasciale. On appeal from Superior … entered judgment in favor of defendants and dismissed the complaint with prejudice. Plaintiff moved for judgment … evidence[,] . . . [t]hey can consider the violation together with all other evidence. So it's evidence of …
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… Submitted December 22, 2016 – Decided Before Judges Lihotz and Whipple. On appeal from Superior … and applicable law, we affirm. Plaintiff filed an amended complaint seeking a temporary restraining order, which … documents were also introduced into evidence. We recite the facts found in the trial record. Plaintiff resided in her …
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… Submitted December 20, 2016 – Decided Before Judges Kennedy and Gilson. On appeal from the Superior … Following his retirement, plaintiff's sole source of income was Social Security, which provides $1754 a month. With … arguments. In reviewing an order entered after a fact-finding hearing, we defer to factual findings …
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… Submitted November 6, 2017 – Decided Before Judges Sabatino and Ostrer. On appeal from Superior … serious offense of first- degree aggravated sexual assault committed by an act of sexual penetration on a child under … We are unpersuaded. Generally, the following three factors pertain when reviewing the impact of the …
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… Submitted May 25, 2017 – Decided Before Judges Hoffman and O'Connor. On appeal from Superior … ineffectiveness forced him to enter the plea. In a lengthy, comprehensive opinion, the PCR court denied defendant's … account that day; the police later confirmed R.M. had in fact deposited this amount into her account on March 9, …
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… Argued September 19, 2017 – Decided Before Judges Fisher, Fasciale and Moynihan. On appeal from … THE AMBIGUOUS PHRASE "AND/OR" IN THE JURY INSTRUCTION ON ACCOMPLICE LIABILITY WAS PLAIN ERROR BECAUSE IT "GENERATED … 1, 10. POINT V SINCE THIS JUVENILE-DEFENDANT RECEIVED A DE FACTO SENTENCE OF LIFE IMPRISONMENT WITHOUT THE POSSIBILITY …
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… LLC, S&P MT. LAUREL, LLC, S&P TIMBERLINE, LLC, S&P MEDFORD, LLC and S&P TABERNACLE, LLC, Plaintiffs, v. SUNIL … the Shahs)1 in approximately a dozen limited liability companies (LLCs), each with the designation S&P. These … two cases because they involved many of the same underlying factual circumstances.3 A lengthy bench trial was conducted …
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… Argued January 25, 2017 – Decided Before Judges Simonelli and Gooden Brown. On appeal from the … could be lowered by up to 90 days served performing community service. L. 2002, c. 34, §17. 2 Additional … valid and found defendant guilty of DWI based on stipulated facts which included a blood alcohol reading of 0.17%, a per …
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… Submitted December 5, 2018 – Decided Before Judges Ostrer and Mayer. On appeal from the New Jersey … his criminal motivation. The panel also noted as mitigating factors A.O.'s infraction-free stint in prison; … a risk assessment score of 5. Although this represents a comparatively "low risk of recidivism," the pre-parole …
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… APPELLATE DIVISION DOCKET NO. A-2842-19 FRANK'S REALTY COMPANY, Plaintiff-Appellant, v. ZONING BOARD OF ADJUSTMENT … Submitted January 19, 2021 – Decided March 17, 2021 Before Judges Messano and Hoffman. On appeal from the Superior … Lawn, 85 N.J. Super. 234, 237 (App. Div. 1964)). Here, the facts demonstrated good cause warranting relief from the …