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… Argued December 4, 2017 – Decided Before Judges Sabatino, Ostrer and Whipple. On appeal from … by the motion judge. We summarize and consider the factual record in a light most favorable to plaintiff. R. … The downspouts channel rain water and snowmelt into the common alleyway between defendants' two buildings, and also …
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… Argued February 14, 2018 – Decided Before Judges Koblitz and Manahan. On appeal from Superior … award of counsel fees in May 2014 was due to defendant's noncompliance with the court order providing for discovery. As … In determining the fee award, the judge must address the factors set forth in Rule 5:3-5(c): (1) the financial …
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… Submitted March 14, 2018 - Decided Before Judges Fuentes and Koblitz. On appeal from Superior … received a call from a patrolman who stated a woman had come into the police station and reported that a neighbor, … [because] they are the ones [who] will be the trier of fact in a jury trial. By defendant's own admission, he put …
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… GATELY, Plaintiffs-Respondents, v. STATE FARM INDEMNITY COMPANY, Defendant-Appellant. Argued November 28, 2017 – Decided Before Judges Carroll and Leone. On appeal from Superior Court … judgment against State Farm on May 27, 2016, for $47,500, together with interest of $3608.23, costs of $6250.99, and …
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… Submitted March 27, 2019 - Decided May 16, 2019 Before Judges Koblitz, Currier, and Mayer. On appeal from … principles of law, we affirm. Plaintiff, a grape farming company based in Napa, California, owns property in the … ROW. Therefore, the judge found the Board made appropriate factual findings based on the evidence presented at the …
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… Submitted April 11, 2018 – Decided Before Judges Alvarez and Geiger. On appeal from Superior … N.J.S.A. 2C:39-7(b). On March 18, 2016, the trial judge commenced defendant's sentencing hearing. Defendant … we uphold "the trial court's decision so long as [the factual] findings are supported by sufficient credible …
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… _______________________ Argued November 9, 2018 – Decided Before Judges Simonelli, Whipple and DeAlmeida. On appeal from the New Jersey Civil Service Commission, Docket No. 2015-3244. Arthur J. Murray argued … to consider his request as a "challenge/appeal of his de facto/constructive termination." In its November 30, 2016 …
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… Argued May 18, 2017 – Decided Before Judges Hoffman and O'Connor. On appeal from Superior … entered an order of protection prohibiting defendant from communicating with K.O. or their two children in any manner, … N.J. Super. 178, 182-83 (App. Div. 2004). Subsection (a) targets specific modes of speech, including communications "at …
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… Submitted October 31, 2018 – Decided Before Judges Reisner and Mawla. On appeal from Superior Court … THE TRIAL COURT ERRED PREJUDICIALLY IN PERMITTING "FRESH- COMPLAINT" TESTIMONY WHICH FAR EXCEEDED THE PERMISSIBLE … comments prejudiced the jury against the defense. In fact, the jury acquitted defendant of aggravated sexual …
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… Submitted December 14, 2020 – Decided Before Judges Hoffman and Suter. On appeal from the Superior … separate "continuing guaranty" for each of the agreements, committing to promptly pay all "liabilities, obligations and … Defendant explained he did not 6 A-1929-19T3 simply "forget about [the complaint] and do nothing." He moved to …
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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. CLIFFORD STEPHENS, a/k/a CLIFFORD J. STEVENS, CLIFFORD JAY … Michele M. Fox entered the order denying PCR and rendered a comprehensive and well - reasoned twenty-nine-page written … COUNSEL'S FAILURE TO INVESTIGATE AND RAISE MITIGATING FACTOR [FOUR] AT SENTENCING. (Raised Below). 1 We remanded …
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… APPELLATE DIVISION DOCKET NO. A-0168-19T1 RUSSELL SMITH, Complainant-Appellant, v. MOORESTOWN TOWNSHIP, … Submitted May 18, 2020 – Decided June 10, 2020 Before Judges Ostrer and Vernoia. On appeal from the New … that "[i]mmediate access ordinarily shall be granted to budgets, bills, vouchers, contracts, including collective …
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… Submitted January 4, 2021 – Decided September 16, 2021 Before Judges Hoffman and Smith. On appeal from the Superior … both orders and dismiss the plaintiff's domestic violence complaint. I. Plaintiff and defendant met while working for … deference to the Family Part's 6 A-2142-19 findings of fact because of its special expertise in family matters. Id. …
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… A-3614-19 TERRY L. BROWN, Plaintiff-Appellant, v. GARETT FOROSISKY, M.D.,1 and INSPIRA MEDICAL CENTER VINELAND, … judge's written opinion and the caption of the original complaint. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … only the following brief remarks. We discern the following facts from the limited record before us. On May 15, 2017, …
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… Submitted January 24, 2022 – Decided February 4, 2022 Before Judges Fasciale and Firko. On appeal from the Superior … 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 April 27, 2020 – Decided May 11, 2020 Before Judges Sabatino and Sumners. On appeal from the … for approximately sixteen months. They did not live together but exchanged keys to each other's residences. E.L.H. … for that evening and that there was no discussion of E.L.H. coming to her house. Nevertheless, E.L.H. arrived at N.D.'s …
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… Argued telephonically May 4, 2020 – Decided July 17, 2020 Before Judges Messano, Vernoia and Susswein. On appeal from … plaintiff's appeal because plaintiff purposely omitted income information in its response to the local tax assessor. … only briefly recount the procedural history and relevant facts, focusing chiefly on the circumstances pertaining to …
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… Submitted December 9, 2019 – Decided April 14, 2020 Before Judges Fasciale and Rothstadt. On appeal from the … for the reasons expressed by the PCR court in its comprehensive written decision. In our earlier opinion, we … which he would otherwise not have done. Applying the factors under State v. Slater, 198 N.J. 145, 157-58 (2009), …
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… Submitted January 13, 2020 - Decided Before Judges Sabatino and Natali. NOT FOR PUBLICATION WITHOUT … Dr. Lee's "opinions and conclusions were well-supported by facts." Appellant did not testify and he presented no … incarceration. Dr. Lee advised that appellant would need to complete a lengthy set of services upon his eventual release …
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… telephonically August 10, 2020 – Decided August 21, 2020 Before Judges Moynihan and Mawla. On appeal from the Superior … a teacher was entitled at the time his leave of absence commenced . . . shall be restored to him upon his return. … determines "there is no genuine issue as to any material fact challenged and that the moving party is entitled to a …