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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… ESQ., MCMANIMON, SCOTLAND & BAUMANN, LLC, LERCH, VINCI NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Lamb Kretzer, LLC, Aldo J. Russo, and Robert D. Kretzer (Winget, Spadafora and Schwartzberg, LLP, attorneys; Robyn …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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njcourts.gov
… 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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njcourts.gov
… 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 On appeal from Superior … consider an order that dismissed plaintiff Victor Podolec's complaint because NOT FOR PUBLICATION WITHOUT THE APPROVAL … doctrine because that dispute arose "from related facts or the same transaction or series of transactions" at …
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njcourts.gov
… 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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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … would be no good reason ever to adjudicate them. These comments demonstrate the judge was conscious of the fact that the reason for our remand – the need for a final …
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njcourts.gov
… Submitted December 6, 2021 – Decided December 14, 2021 Before Judges Fasciale and Vernoia. On appeal from the Board … in the retirement system ended because she did not commence PERS-covered employment within two years of her … the Office of Administrative Law (OAL) because it found the facts were undisputed. On appeal, Shaw argues the decision …
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njcourts.gov
… Submitted October 6, 2021 – Decided October 22, 2021 Before Judges Fuentes and Gooden Brown. On appeal from the … January 17, 2020, plaintiff Varinder Kaur filed a verified complaint in support of an order to show cause against … motion, defendant asserted plaintiff "failed to include any facts in the complaint" to show that "as a result of a …
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njcourts.gov
… Submitted December 2, 2020 – Decided April 26, 2021 Before Judges Ostrer and Accurso. On appeal from the Superior … two middle names to honor their mothers. The parties were together for five years, but never married, and their … without the stigma attached to her father's name in the community where they lived. Sealey's counsel advised the …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… Argued December 7, 2021 – Decided January 27, 2022 Before Judges Fisher and Currier. On appeal from the Superior … cases is limited. R. 1:36-3. 2 A-1377-20 Plaintiff filed a complaint in Essex County, alleging defendant did not pay it … have discretion in applying the doctrine depending on the factual circumstances. Bank Leumi USA v. Kloss, 243 N.J. …
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njcourts.gov
… Submitted October 21, 2019 – Decided Before Judges Fasciale and Rothstadt. On appeal from the … assistance. We affirm. Defendant was charged with committing various crimes arising out of a home invasion. A … judge to consider "all relevant aggravating and mitigating factors." State v. Massenburg, No. A-2009-12 (App. Div. Jan. …
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njcourts.gov
… Submitted October 2, 2019 – Decided Before Judges Sabatino and Sumners. On appeal from the … 23, 2018 hearing addressing the married parties' cross-complaints of harassment under the Prevention of Domestic … and applicable law, we affirm. We discern the following facts from the FRO hearing, in which neither party were …
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njcourts.gov
… 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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njcourts.gov
… Submitted September 25, 2019 – Decided Before Judges Koblitz and Mawla. On appeal from the Superior … from the judgment. We affirm. We take the following facts from the record. Defendant represented Veronica … signed a retainer agreement, stipulating plaintiff would be compensated on a contingency basis and paid twenty percent …
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njcourts.gov
… v. NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT, Respondent-Respondent. … a February 8, 2017 final administrative decision of the Commissioner of the New Jersey Department of Labor and … 125 N.J. at 587. We will not disturb the Commissioner's factual findings so long as they are supported by …
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njcourts.gov
… 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 …