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… Argued July 16, 2024 – Decided July 25, 2024 Before Judges Sabatino and Chase. On appeal from the Board of … a neurological examination, which found that despite his complaints of short-term memory loss and other ailments, … examination," and whether his "premises, as well as his ultimate conclusions," are "contradicted by rebuttal experts …
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… Submitted February 7, 2023 – Decided June 21, 2023 Before Judges Gilson and Gummer. On appeal from the Superior … R. 1:36-3. 2 A-1699-21 Plaintiff Joseph Drossel filed a complaint against defendants Borough of Franklin (the … to Zydon after he had failed to abate the violation. Zydon ultimately pleaded guilty. Zydon was a member of the …
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… Submitted March 1, 2023 – Decided March 27, 2023 Before Judges Mitterhoff and Fisher. On appeal from the … hearing, reasoning that defendant did not submit any competent evidence supporting his allegation of ineffective … of the denial of his PCR on June 27, 2014, which was ultimately denied on August 22, 2014. On September 22, 2016, …
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… Submitted November 1, 2023 – Decided November 22, 2023 Before Judges Firko and Vanek. On appeal from the Superior … not told of the State's lowest plea offer until after trial commenced. However, the trial court found the transcript … 200 (App. Div. 2002). "No matter which way the defendant ultimately chooses to plead, he should know the risk he …
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… Submitted December 18, 2024 – Decided January 8, 2025 Before Judges Mayer and Rose. On appeal from the Superior … & Associates, P.C. appeals from a January 5, 2024 order compelling it to provide discovery to defendant J. Rapaport … 354, 365 (2004). Because a "dismissal with prejudice is the ultimate sanction," it may be employed "only when no lesser …
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… Argued October 2, 2018 – Decided Before Judges Fisher, Geiger and Firko. On appeal from … The matter was adjourned to February 24, 2014 because of incomplete discovery. The municipal prosecutor provided … a trial date needed to be scheduled. The matter was ultimately transferred to Franklin Borough Municipal Court …
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… DIVISION DOCKET NO. A-2148-15T3 ADRIAN TOOLEY-LESTER, Complainant-Appellant, v. JOSEPH TAYLOR & SONS, INC., … Submitted September 14, 2017 – Decided Before Judges Rothstadt and Gooden Brown. On appeal from the … findings. She also points out that although her rent was ultimately paid for July and August 2015, her landlord still …
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… Argued February 6, 2018 – Decided Before Judges Fasciale and Moynihan. On appeal from Superior … CAUSING DELAY SO EXCESSIVE AS TO WARRANT DISMISSAL OF THE COMPLAINTS. A. THE EXTRAORDINARILY LONG DELAY HERE WEIGHS … heavily but nevertheless should be considered since the ultimate responsibility for such circumstances must rest …
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… Submitted January 7, 2019 Decided – June 26, 2019 Before Judges Sabatino and Mitterhoff. On appeal from the … the order awarding Panico 1 Panico also filed a third-party complaint against C.B. Construction's sole principal, … at 82. Here, defendant claimed many CFA violations, but ultimately established only minor, technical violations of …
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… Submitted May 6, 2019 – Decided May 28, 2019 Before Judges Messano and Gooden Brown. On appeal from … part or all of the principal and accrued or undistributed income of the Trust to any one or more persons and entities, … recognized that "[t]he validity of [the] Will . . . is the ultimate issue to be decided[,]" and agreed to be "bound by" …
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… Submitted May 9, 2017 – Decided Before Judges Ostrer and Leone. On appeal from Superior Court … broken arm which required permanent plates and screws. Her companion received injuries on both of his hands, his left … a reasonable likelihood that his or her claim will ultimately succeed on the merits." Ibid. The court must view …
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… Submitted October 10, 2017 – Decided Before Judges Sabatino and Whipple. On appeal from Superior … counsel fees. The ex-husband now appeals the Family Part's ultimate rejection of his motion for alimony reduction and … this case is being remanded, we need not discuss the record comprehensively. The following summary will suffice for our …
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… Submitted August 30, 2017 – Decided Before Judges Alvarez and Gooden Brown. On appeal from the … so that the issues [could] be fully developed in compliance with due process and Rule 1:7-4(a)." J.R. v. … in the police station during a custody exchange and ultimately led to the issuance of the FRO on November 9, …
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… Submitted September 29, 2016 – Decided Before Judges Hoffman and O'Connor. On appeal from Superior … The chase ended two to three miles later when the car ultimately crashed into a telephone pole. The officer saw … above, during her summation, the prosecutor made two comments defendant now claims were prejudicial. Defendant …
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… Argued January 26, 2017 – Decided Before Judges Hoffman, O'Connor and Whipple. On appeal from … The couple had a son and a daughter. Plaintiff filed a complaint for divorce on January 7, 2009, citing … defendant refused to file a joint tax 5 A-2800-13T1 return. Ultimately, plaintiff paid $46,000 in taxes, and defendant …
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… Argued September 18, 2017 – Decided Before Judges Messano and Accurso. On appeal from the Superior … ATTORNEY-CLIENT PRIVILEGED EMAILS AND OTHER ELECTRONIC COMMUNICATIONS BETWEEN DEFENDANT AND HER TRIAL COUNSEL. … Although defendant originally denied taking anything, she ultimately admitted that the victim's jewelry was in a …
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… Submitted September 6, 2017 – Decided Before Judges Alvarez and Gooden Brown. On appeal from the … was the factor that caused him to make the decision not to come to court because he was "scared senseless." Defendant … victim. The judge also recalled in detail the process that ultimately led to defendant's sentence. He concluded that …
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… DIVISION DOCKET NO. A-5002-14T2 IN THE MATTER OF THE CIVIL COMMITMENT OF C.B., SVP-317-03. __________________________ … Submitted July 5, 2017 – Decided Before Judges Simonelli and Carroll. On appeal from the … could assist him in some judgment issues he may encounter. Ultimately, Foley concluded that C.B. was less than highly …
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… Submitted December 10, 2018 – Decided Before Judges Messano and Fasciale. NOT FOR PUBLICATION … Access Link (collectively, NJ Transit).1 Plaintiff filed a complaint claiming her injuries resulted from Cosmey's … 364 N.J. Super. 48 (App. Div. 2003), plaintiff asserted the ultimate sanction of dismissal with prejudice was …
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… 446 NEWARK AVENUE, Plaintiffs, v. CHICAGO TITLE INSURANCE COMPANY, Defendant/Third-Party Plaintiff-Appellant, v. … Defendants, and CONSOLIDATED RAIL CORPORATION, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … of the parties' arguments. 212 Marin Blvd., slip op. at 9. Ultimately, we concluded that the judge correctly found …