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… Submitted September 26, 2017 – Decided Before Judges Fasciale and Sumners. On appeal from Superior … a notice of claim are insufficient to 6 A-0035-16T4 overcome this demanding standard. The judge correctly denied the … a Lopez hearing. "A Lopez hearing is only required when the facts concerning the date of the discovery are in dispute." …
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… Submitted October 24, 2017 – Decided Before Judges Fasciale and Moynihan. On appeal from Superior … 2016 order granting plaintiff's cross-motion to dismiss the complaint with prejudice pursuant to Rule 4:37-1(b); a March … act was not premised upon consideration of all relevant factors, was based upon consideration of irrelevant or …
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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 ______________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … discovery end date" in "Docket No. HUD- L-577-15."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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… DHAHABI JEWELRY, LLC, Plaintiff-Appellant, v. KAVVERI TELECOM PRODUCTS LIMITED; QUALITY COMMUNICATIONS SYSTEMS, INC. … Telephonically argued May 1, 2017 – Decided June 1, 2017 Before Judges Lihotz, Hoffman and O'Connor. On appeal from … the record is silent on this issue. In light of these facts, we conclude this matter is interlocutory and must be …
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… OF LABOR, EQUINOX MANAGEMENT GROUP, INC., and STARR COMPANY, Respondents. ________________________________ … Submitted June 19, 2017 – Decided Before Judges Yannotti and Haas. On appeal from Board of … Board thereafter affirmed the Appeal Tribunal's findings of fact, but modified its decision. The Board determined that …
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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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… Submitted March 22, 2021 – Decided April 9, 2021 Before Judges Fasciale and Rothstadt. On appeal from the … court's standard of review is de novo as to both the factual inferences drawn by the PCR judge from the record … a probability sufficient to undermine confidence in the outcome." Id. at 694. "[I]f counsel's performance has been so …
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… Submitted February 22, 2021 – Decided March 11, 2021 Before Judges Fasciale and Rothstadt. On appeal from the … jury found defendant guilty of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2, N.J.S.A. 2C:15-1(a)(2); and … this court's standard of review is de novo as to both the factual inferences drawn by the judge from the record and …
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… Submitted April 28, 2020 – Decided May 12, 2020 Before Judges Gilson and Rose. On appeal from the Superior … of the remaining charges: second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1; and … N.J.S.A. 2C:29-2(a)(3)(a). After finding the mitigating factors substantially outweighed the aggravating factors, …
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… Submitted April 22, 2020 – Decided May 8, 2020 Before Judges Fuentes and Haas. On appeal from the Superior … granting plaintiff this equitable relief, we reverse. The facts are straightforward and not in dispute. Defendant … and her "buyer's remorse" did not excuse her from complying with the agreement. The court ordered defendant to …
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… DOCKET NO. A-2092-18T2 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION, f/k/a THE BANK OF NEW YORK … N.A., as successor to JPMORGAN CHASE BANK, N.A., as TRUSTEE for RESIDENTIAL ASSET MORTGAGE PRODUCTS, INC., MORTGAGE … in his certification, Bishop set forth sufficient facts to show that plaintiff possessed the note and had a …
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… Submitted March 3, 2020 - Decided April 9, 2020 Before Judges Accurso and Gilson. On appeal from Superior … unlawful purpose, N.J.S.A. 2C:39-4(a)(2), and the State's recommendation of a three-year prison sentence with one year … an offense in more than ten years when his brother, the target of a firearms trafficking investigation, called to ask …
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… Submitted February 25, 2020 – Decided Before Judges Hoffman and Currier. On appeal from the Superior … OTHERWISE POINT II THE CUMULATIVE EFFECT OF THE ERRORS COMPLAINED OF RENDERED THE TRIAL UNFAIR POINT III DEFENDANT … 3:22-11, a PCR court must "state separately its findings of fact and conclusions of law" regarding the arguments set …
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… Submitted October 26, 2020 – Decided Before Judges Mayer and Susswein. On appeal from the New … the parties. We affirm. In 2018, the Office of the State Comptroller, Medicaid Fraud Division (MFD), investigated … business as a pharmacy in the State of New Jersey. 2 In fact, petitioners had two attorneys at the settlement …
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… Submitted November 5, 2020 – Decided Before Judges Fuentes and Firko. On appeal from the Somerset … would be terminated as of May 1, 2019, because he failed to comply with his service plan. The SCBSS determined that R.M. … and (3) whether in applying the legislative policies to the facts, the agency clearly erred in reaching a conclusion …
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… Submitted September 14, 2020 – Decided Before Judges Fasciale and Rothstadt. On appeal from the … the party and the declarant were participating in a plan to commit a crime . . . and . . . made [it] in furtherance of … The court stated that "when considering all this evidence together by 6 A-1210-19T1 a preponderance of the evidence, …
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… Submitted October 17, 2019 – Decided Before Judges Haas and Enright. NOT FOR PUBLICATION WITHOUT … and his parents. Instead, we incorporate by reference the factual findings and legal conclusions contained in Judge Richmond's decision. We add the following comments. In June 2016, the Division obtained custody of …
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… Submitted November 13, 2019 – Decided Before Judges Yannotti and Hoffman. On appeal from the … purpose of debauching or impairing her morals. The State recommended a suspended three-year term of imprisonment … Div. 2016) ("Defendant may not create a genuine issue of fact, warranting an evidentiary hearing, by contradicting …
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… Defendant. Submitted November 19, 2019 – Decided Before Judges Accurso and Rose. On appeal from the Superior … motion, the trial judge specifically determined she had not committed fraud and, as such, she should not be barred from … Where, as here, "there is no genuine issue of material fact, we must then decide whether the trial court correctly …
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… Submitted September 10, 2019-Decided Before Judges Messano and Susswein. On appeal from the … trial where plaintiff appeared pro se. Plaintiff's civil complaint sought NOT FOR PUBLICATION WITHOUT THE APPROVAL OF … collision. The trial judge, sitting as the trier of fact, found that plaintiff caused the accident when he …