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… Submitted March 11, 2019 – Decided April 1, 2019 Before Judges Messano, Fasciale and Gooden Brown. On appeal … contends that the judge erroneously imputed $48,635 in income to defendant. He maintains that defendant's income … purported clerical errors, the 11 A-1349-17T1 parties are free to bring them to the attention of the judge should that …
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… Argued March 4, 2019 – Decided March 26, 2019 Before Judges Fasciale and Rose. On appeal from Superior Court … 17, 2017. Thereafter, plaintiff filed a small claims complaint against defendant, alleging that as the … that even 7 A-3736-17T4 when an integrated contract is free from ambiguity, "evidence of the situation of the …
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… Submitted June 21, 2017 – Decided Before Judges Fuentes and Koblitz. On appeal from Superior … PTI Director in the Criminal Division Manager's Office recommended that defendant's application be denied because his … parole as mandated by N.J.S.A. 2C:40-26(b). Defendant was free to argue for a lesser sentence within the statute's …
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… Submitted June 6, 2017 – Decided Before Judges Ostrer and Leone. On appeal from Superior Court … for our consideration: POINT I THE DEFENDANT'S RIGHT TO BE FREE FROM UNREASONABLE SEARCHES AND SEIZURES AS GUARANTEED … the premises under surveillance. [169 N.J. at 215 (quoting Commonwealth v. Desper, 643 N.E.2d 1008, 1011 (Mass. …
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… Submitted September 14, 2017 – Decided Before Judges Simonelli and Gooden Brown. On appeal from the … 2C:15-1(a)(1) (count two); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(2) and N.J.S.A. … and did not "permit jurors to deliberate objectively, freely, and with an untrammeled mind." Id. at 402. Instead, …
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… BRENDA L. HACHIKIAN, and NEW JERSEY MANUFACTURERS INSURANCE COMPANY, Defendants-Respondents. … Argued September 20, 2016 – Decided Before Judges Fisher, Ostrer and Leone. On appeal from … plaintiff's motion for an extension of time). We are not free to substitute our judgment for the trial court. 6 …
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… Argued telephonically January 25, 2017 – Decided Before Judges Hoffman and Whipple. On appeal from Superior … Feldman, on the briefs). 1 By order dated May 8, 2015, the complaint was amended by striking the name of JP Mortgage … N.J. Const. art. VI, § 3, ¶ 2). New Jersey courts remain "free to fashion [their] own law of standing consistent with …
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… and GEORGE DEVANNEY, Individually and as former County Manager, Defendant-Respondent/ … of Union County (the County) since 1986, filed a verified complaint in lieu of prerogative writ against the County and … specific action when the duty is ministerial and wholly free from doubt, and (2) to compel the exercise of …
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… Argued February 7, 2019 – Decided July 19, 2019 Before Judges O'Connor and DeAlmeida. On appeal from the … denying plaintiff 's application. Plaintiff filed a complaint in lieu of prerogative writs, challenging the … to install a fourteen-feet wide and forty-eight-feet high1 free-standing billboard, which would be positioned on a pole …
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… Submitted January 6, 2021 – Decided March 1, 2021 Before Judges Whipple, Rose and Firko. On appeal from the New … night. Appellant was called by another CNA to report to the common bathroom to assist D.S., who had soiled herself. D.S. … resident of a long- term care facility "has the right to be free from abuse, neglect, misappropriation of resident …
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… Submitted May 26, 2020 – Decided July 22, 2020 Before Judges Sumners and Natali. On appeal from the Superior … for the 2013-2014 school year, Smith filed a Law Division complaint alleging violation of the New Jersey Law Against … AGREEMENT, BECAUSE PLAINTIFF SHOULD BE ALLOWED TO FREELY EXPRESS ONE’S OWN WISHES AND DESIRE TO NOT ACCEPT …
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… Submitted February 25, 2020 – Decided March 5, 2020 Before Judges Fisher and Rose. On appeal from the Superior … PSA, Phillips pleaded guilty in federal district court to committing wire fraud, for which he served approximately … WAS 2 In the absence of a stay, trial courts remain free to enforce their orders notwithstanding the pendency of …
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… Submitted May 20, 2020 – Decided June 10, 2020 Before Judges Koblitz and Gooden Brown. On appeal from the … for the reasons stated in Judge John M. Deitch's comprehensive and well-reasoned written opinion issued on … a reasonable person were to believe he was not free to leave." Id. at 387-88. An investigative detention, …
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… Submitted February 24, 2020 – Decided Before Judges Sabatino and Sumners. On appeal from the … defendant's PTI application, the prosecutor rejected the compelling reasons defendant raised in support of the … States Air Force, his strong familial ties, an offense-free past, and that he had agreed to a permanent final …
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… Submitted April 13, 2021 – Decided June 24, 2021 Before Judges Gilson and Moynihan. On appeal from the Superior … probability" that the deficient performance affected the outcome of the proceeding. Fritz, 105 N.J. at 58. 5 A-1834-19 … not to was made "intelligently, voluntarily, and of her own free will." In fact, the record reflects that trial counsel …
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… Submitted October 5, 2020 – Decided Before Judges Rothstadt and Susswein. On appeal from an … are constrained to remand again for the trial court to complete the task we previously assigned. See Tomaino v. … "with great frugality and in none but a clear case free of doubt." Tomaino, 364 N.J. Super. at 234–35 (quoting …
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… Plaintiff-Appellant, v. UNION PAVING & CONSTRUCTION COMPANY, INC., Defendant/Third-Party Plaintiff-Respondent, … telephonically August 4, 2020 - Decided August 26, 2020 Before Judges Rothstadt and Firko. On appeal from the Superior … duties. DMJ was required to "keep the building and premises free from . . . unsafe conditions 4 A-0115-19T2 resulting …
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… Submitted April 28, 2021 – Decided June 11, 2021 Before Judges Alvarez, Geiger, and Mitterhoff. On appeal from … of conflict, mandating the relief. A member of the "legal community" allegedly told her she would not receive a fair … State Dep't of Env't Prot. v. Middlesex Cnty. Bd. of Chosen Freeholders, 206 N.J. Super. 414, 420 (Ch. Div. 1985), aff’d …
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… Submitted May 5, 2021 – Decided June 10, 2021 Before Judges Whipple and Firko. On appeal from the Superior … robbery, N.J.S.A. 2C:15-1; second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2, 2C:15-1; second-degree … to testify against his co-defendants and his counsel was free to argue for a lesser sentence. Defendant, who was …
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… SENIOR LIVING AT PENNSAUKEN, BENTLEY ALP, and KDG OPERATING COMPANY, LLC, Defendants-Respondents. … Argued January 11, 2021 – Decided February 5, 2021 Before Judges Sabatino and DeAlmeida. On appeal from the … 8:36-7.3, by failing to assure a patient’s room is clutter free. The expert’s report does not specify a standard of …