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… Submitted August 21, 2018 – Decided Before Judges Messano and Geiger. On appeal from Superior … County issued an FRO against defendant after finding he committed an act of domestic violence against A.L., with … appealed. 5 A-5336-16T3 Our scope of review of the factual findings of a judge sitting without a jury is …
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… Submitted June 5, 2018 – Decided Before Judges Hoffman and Gilson. On appeal from Superior … not cured those defaults. In January 2014, EverBank filed a complaint seeking to foreclose on the Mortgage. In its … she was authorized to file the affidavit as "attorney-in-fact for EverBank," that she had "thoroughly reviewed" the …
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… Argued October 31, 2018 - Decided Before Judges Fuentes, Accurso and Moynihan. On appeal from … claimed defendant refused to provide anywhere near complete financial information when they were litigating … based on "too much speculation and 5 A-5672-16T1 too few facts," the court, after applying the applicable factors in …
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… Argued October 23, 2018 – Decided Before Judges Fisher, Hoffman and Firko. On appeal from … to their father's death. In June 2015, Richard filed a complaint in the Probate Part seeking removal of the caveat, … or an assertion of this allegation. In other words, the facts of which plaintiff complains either suggest that the …
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… APPELLATE DIVISION DOCKET NO. A-2616-16T4 RICARDO MORAN, Complainant-Appellant, v. TOWER MANAGEMENT SERVICES, … Submitted November 26, 2018 – Decided Before Judges Haas and Mitterhoff. On appeal from the New … Director's decision and remand for further proceedings. The facts are not in dispute. Appellant receives Section 8 …
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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 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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… 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 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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… Submitted January 17, 2019 – Decided March 15, 2019 Before Judges Simonelli and Whipple. On appeal from Superior … the house. In May 2015, Paul paid the judgment but filed a complaint, under Docket No. C-5-15, in the Chancery Division … claims. The motion judge specifically found as a matter of fact that during the meditation of earlier claims on March …