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… Argued October 18, 2019 – Decided February 28, 2020 Before Judges Ostrer, Vernoia and Susswein. On appeal from the … is limited. R. 1:36-3. 2 A-4910-17T2 PER CURIAM The key factual issue in this auto accident case was who had the … no expert opinion to interpret it, and there was no competent evidence she actually suffered a medical episode. …
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… Submitted November 18, 2019 – Decided Before Judges Fasciale and Rothstadt. On appeal from the … of the third-degree offense of violating the conditions of Community Supervision for Life (CSL), N.J.S.A. 2C:43-6.4(d), … of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce …
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… Submitted September 25, 2019 – Decided Before Judges Fuentes, Haas and Enright. On appeal from the … judgments permitted plaintiff C.B. to proceed on separate complaints to adopt Daniel and Annie. C.B. is the husband of … of this matter. Instead, we incorporate by reference the factual findings and legal conclusions contained in 2 The …
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… Submitted November 18, 2019 – Decided Before Judges Messano and Susswein. NOT FOR PUBLICATION … Although defendant again began treatment, his initial compliance soon faltered. He failed to complete the … v. E.P., 196 N.J. 88, 104 (2008)). We defer to the judge's factual findings because she had "the opportunity to make …
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… DEPARTMENT OF ENVIRONMENTAL PROTECTION, SITE REMEDIATION COMPLIANCE AND ENFORCEMENT, Respondent-Respondent, and DES CHAMPS … Des Champs decided to cease its operations at Okner altogether. Before terminating its operations on the site, Des …
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… Submitted December 12, 2019 – Decided Before Judges Alvarez and DeAlmeida. NOT FOR PUBLICATION … Division to contact his probation officer to determine his compliance with substance abuse restrictions. As a result, … 605 (2007). 11 A-1864-18T4 We will uphold a trial judge's factfindings if they are "supported by adequate, …
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… Argued December 18, 2019 – Decided January 24, 2020 Before Judges Whipple, Gooden Brown and Mawla. On appeal from … substantively arbitrable.1 The City then filed a verified complaint and order to show cause in the Chancery Division … RESTRAINED ARBITRATION BASED UPON A MISAPPLICATION OF THE FACTS AND THE LAW. After carefully reviewing the record and …
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… Submitted February 2, 2021 – Decided May 10, 2021 Before Judges Fisher, Moynihan, and Gummer. NOT FOR … order dismissing with prejudice the remaining counts of his complaint but did not address that order in his brief. "An … "a duly executed General Warranty Deed in recordable form together with an appropriate affidavit of title at the time of …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition Nos. 2014-28615, 2015- 120, … when the Legislature remained silent on both points altogether. And, fourth, we are most persuaded that the …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … INC., Third-Party Defendants- Respondents, and PLANNED COMPANIES d/b/a PLANNED BUILDING SERVICES, INC.; PLANNED … by private actors as well. Id. at 168. The common law, in fact, recognizes a number of different types of privacy …
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… Argued January 5, 2022 – Decided January 21, 2022 Before Judges Sabatino and Mayer. On appeal from the Superior … a jury of drug related offenses. We affirm. The following facts are derived from an evidentiary hearing on defendant's … watch, he saw a zipper sealed bag sticking out of a second compartment beneath the first compartment of the car's …
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… Argued November 12, 2020 – Decided February 3, 2021 Before Judges Alvarez and Mitterhoff. On appeal from the … from April 15 to May 9, 2006, and defendant's filing of a complaint with New Jersey's Board of Marriage and Family … N.J.R.E. 404[(b)] Because It Does Not Satisfy the Cofield Factors. iii. The Failure to Give a 404(b) Charge That …
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… Argued December 15, 2020 – Decided Before Judges Gilson and Gummer. On appeal from the Superior … from an April 2, 2020 amended order that dismissed her complaint without prejudice and effectively compelled … that issue should be determined by the arbitrator. I. The facts relevant to compelling mediation and arbitration are …
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… Submitted November 16, 2020 – Decided Before Judges Fasciale and Rothstadt. On appeal from the … a 50% owner of a business and his "gross annual earned income from his business ha[d] been approximately $1,100,000 … was competent). Here, the motion judge rejected defendant's factual assertions that he claimed supported a finding that …
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… DOCKET NO. A-3506-19 ALLOY, SILVERSTEIN, SHAPIRO, ADAMS, MULFORD, CICALESE, WILSON & CO., P.A., Plaintiff-Appellant, v. … work at the firm for thirty years, and then left to join a competing accounting firm. The legal issue is whether the … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … in court and in arbitration. Although defendants cannot compel arbitration because of their failure to pay the … adjudicating numerous claims involving a common nucleus of facts for which individual recovery will be small. See …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … may be obtained from the handgun or, if that DNA were to become available, why it is not sufficient – before now … by the State as a result of a prior conviction. The factual record is quite limited. Defendant was charged with …
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… Submitted May 5, 2025 – Decided June 17, 2025 Before Judges Sabatino and Berdote Byrne. On appeal from the … standard of living, and stipulated to plaintiff's imputed income, and she has not demonstrated she cannot earn any … and the trial court failed to consider any Rule 5:3-5(c) factors in its denial of plaintiff's request for counsel …
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… care or practicing the health care profession. In order for you to find the defendant guilty of this charge, the … one acts with knowledge, if one acts consciously, if he/she comprehends his/her acts. A person acts recklessly with … acted toward the victim of the assault … is a question of fact for you the jury to decide. Purpose and knowledge and …
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… part: A person is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person … person that affirmative and freely given permission for the specific act of sexual penetration had been given. … of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce …