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… Submitted May 23, 2017 – Decided Before Judges Koblitz, Rothstadt and Mayer. On appeal from … we affirm. Defendant was charged in an indictment with committing various sexual assaults upon two of his minor … or any relief. Judge Critchley noted that defendant's factual assertions were unsupported by the record and were …
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… Argued April 18, 2018 – Decided Before Judges Nugent and Geiger. On appeal from Superior Court … responded by filing an order to show cause and verified complaint against Saviano, seeking to preclude him from … WHETHER THE TRIAL COURT'S FAILURE TO MAKE FINDINGS OF FACT REGARDING THE PARTIES' UNDERSTANDING AND INTENT HOW …
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… v. DONNA NUCERA, Defendant-Appellant, and FRANK NUCERA, FORD MOTOR CREDIT COMPANY LLC, PALISADES ENDODONTICS, and STATE OF NEW … failed to offer conflicting proof or establish a contested fact to be resolved). Plaintiff has satisfied all of the …
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… Submitted January 9, 2018 – Decided Before Judges Fasciale and Moynihan. On appeal from Superior … When reviewing a motion to suppress, we "must uphold the factual findings underlying the trial court's decision so … plate of the vehicle defendant was operating in a police computer when it passed his stationary, marked patrol …
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… Submitted January 17, 2018 – Decided Before Judges Sumners and Moynihan. On appeal from Superior … the gunfire, and saw both the shooter and his 3 A-1209-16T2 companion as they ran past him after the shooting. … with trial counsel with defendant when they were together in jail. Based on "the totality of the circumstances" …
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… Submitted April 26, 2018 – Decided Before Judges Simonelli and Rothstadt. On appeal from Superior … N.J.S.A. 2C:15-2(a)(2); second-degree conspiracy to commit a carjacking, N.J.S.A. 2C:15-2, N.J.S.A. … certification. State v. Leonard, 201 N.J. 157 (2010). The facts underlying defendant's convictions are set forth in …
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… Argued March 12, 2018 – Decided June 11, 2018 Before Judges Accurso and Vernoia. On appeal from Superior … judgment had yet to be recorded. We agree and affirm. The facts are undisputed and easily summarized. In December … Clearview admits it received, Pro Cap filed a verified complaint in rem to foreclose its tax lien in January 2016. …
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… Submitted March 15, 2018 – Decided Before Judges Simonelli and Rothstadt. On appeal from Superior … certification. State v. Callan, 220 N.J. 573 (2015). The facts underlying defendant's convictions are set forth in … inconsistencies in" a police officer's trial testimony as compared to his grand jury testimony. Defendant also …
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… Plaintiff, v. TADROS B. BOULIS and GEICO GENERAL INSURANCE COMPANY, Defendants. ______________________________ MARIA … COMPANY, Defendant. ______________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … discovery end date" in "Docket No. HUD- L-577-15." In fact, the discovery end date for L-577-15 was January 13, …
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… Argued May 9, 2017 – Decided Before Judges Fisher and Moynihan. On appeal from the Superior … A.C. Defendant contends the trial court failed to make factual findings that defendant intended NOT FOR PUBLICATION … the issuance of the FRO. The judge concluded that defendant committed the predicate act of assault, satisfying the first …
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… Submitted December 12, 2017 – Decided Before Judges Reisner and Mayer. On appeal from Superior Court … from an order dated March 17, 2017, denying its motion to compel arbitration of a lawsuit filed by plaintiff Jang Won … submitting the matter to binding arbitration. The essential facts are undisputed. On October 19, 2016, plaintiff filed a …
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… Submitted November 15, 2017 – Decided Before Judges Fuentes, Koblitz and Manahan. On appeal from … a stay of the sale of the marital home until plaintiff complied with all aspects of the settlement agreement. The … law and the legal consequences that flow from established facts are not entitled to any special deference." Manalapan …
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… Submitted January 9, 2018 – Decided Before Judges Fasciale and Moynihan. On appeal from Superior … certif. denied, 207 N.J. 35 (2011). Defendant thereafter commenced a § 22542 action in the United States District … or denying PCR involves consideration of mixed questions of fact and law. State v. Harris, 181 N.J. 391, 415-16 (2004). …
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… Submitted January 16, 2018 – Decided Before Judges Ostrer and Whipple. On appeal from Superior … and R. 4:67-1, the Probate Part dismissed Marsh's verified complaint with prejudice. Having carefully reviewed the … she maintained a loving relationship with her mother (a fact disputed by her siblings, but one the court presumed in …
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… ESQ., MCMANIMON, SCOTLAND & BAUMANN, LLC, LERCH, VINCI NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Lamb Kretzer, LLC, Aldo J. Russo, and Robert D. Kretzer (Winget, Spadafora and Schwartzberg, LLP, attorneys; Robyn … dismissing with prejudice his counterclaims and third-party complaint against RPM Development LLC (RPM), the City of …
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… Argued December 6, 2017 - Decided Before Judges Fuentes, Koblitz and Manahan. On appeal from … (Verizon) appeals from the August 18, 2016 dismissal of its complaint in lieu of prerogative writs. Verizon applied to … property into several residential building lots would in fact be the highest and best use of the property, and that …
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… Argued March 2, 2018 – Decided March 26, 2018 Before Judges Fisher and Moynihan. On appeal from Superior … consider an order that dismissed plaintiff Victor Podolec's complaint because NOT FOR PUBLICATION WITHOUT THE APPROVAL … doctrine because that dispute arose "from related facts or the same transaction or series of transactions" at …
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… Submitted September 5, 2018 – Decided Before Judges Alvarez and Gooden Brown. On appeal from … AND CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL BECAUSE THE FACTS LAY OUTSIDE THE RECORD AND DEFENDANT ESTABLISHED A … CURATIVE INSTRUCTION DUE TO PROSECUTOR'S PREJUDICIAL COMMENTS DURING CLOSING ARGUMENT. C. FIRST PCR COUNSEL WAS …
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… Argued April 30, 2019 – Decided May 17, 2019 Before Judges Geiger and Enright. On appeal from Superior … sentence. Having considered his arguments in light of the facts and applicable law, we affirm. Following a jury trial … defendant was found guilty of second-degree conspiracy to commit racketeering, first-degree racketeering, …
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… Argued telephonically May 1, 2019 – Decided Before Judges Nugent, Reisner and Mawla. On appeal from … and terminating her from tenured employment for budgetary reasons. There is no dispute that the Board gave … following language, which explained the reasons for the recommended action: WHEREAS, N.J.S.A. 18A:28-9 provides that a …