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… capacity, SAMUEL R. MOORE, III in his official capacity as Committeeman of Tabernacle and in his personal capacity, … and in his personal capacity, Defendants-Respondents. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … 399, 416 (App. Div. 2011) (stating an appellate court is "free to affirm the trial court's decision on grounds …
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… Submitted May 9, 2022 – Decided July 5, 2022 Before Judges Rothstadt and Natali. On appeal from the … of relief under Rule 4:50-1(a), but remand[ed] for a more complete statement of reasons from the motion judge about … rulings and orders of the Appellate Division; they are not free to disregard them." Ibid. (citing Kosmin v. N.J. State …
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… Submitted March 28, 2022 – Decided April 13, 2022 Before Judges Fasciale and Firko. On appeal from the Superior … guilty after his attorney waived a formal reading of the complaint and withdrew his not guilty plea. After the judge … impaired? [DEFENDANT:] Yes, Your Honor. [THE COURT:] Made a free and voluntary intelligent plea. I have a copy of the …
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… Submitted January 12, 2022 – Decided May 4, 2022 Before Judges Gooden Brown and Gummer. On appeal from the … separation agreement (PSA). Plaintiff Donna Ohlson moved to compel defendant to sign over to her his ownership interest … 1. [Plaintiff] hereby agrees to save and hold [defendant] free and harmless and indemnified against all debts, …
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… Argued November 9, 2021- Decided May 3, 2022 Before Judges DeAlmeida and Smith. On appeal from the Superior … purchased a three-carat diamond ring from Tiffany and Company (Tiffany's) in Atlantic City. To finance his … $179,760, and then making twelve monthly payments, interest free, beginning September 2015. Defendant knew there were …
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… Epstein Ostrove, LLC and Philip Pfeffer (Herbert Smith Freehills New York, LLP), attorneys for appellant (Elliot D. … Virginia Welch and others, on count II of her 2012 complaint in which she sought, inter alia, to declare … 604 (1985), and they've offered nothing to persuade us to revisit our analysis. Welch, slip op. at 18. This matter does …
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… Submitted May 9, 2022 – Decided June 1, 2022 Before Judges Rothstadt and Mayer. NOT FOR PUBLICATION WITHOUT … shall refer to the five plaintiffs identified in the complaint. 3 A-2227-19 The relevant facts are derived from … Plaintiffs argue a right to ventilation and to be free from extreme heat and extreme cold. Plaintiffs assert …
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… Submitted January 4, 2021 – Decided Before Judges Fasciale and Mayer. On appeal from the Superior … for the State's dismissal of the misconduct charge and recommendation of probation. 4 A-5551-18T1 transport persons … 2C:44-1(b)(7), defendant "led a lifetime . . . crime free[,];" factor ten, N.J.S.A. 2C:44-1(b)(10), defendant …
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… Submitted September 29, 2020 – Decided Before Judges Messano, Hoffman and Suter. On appeal from the … Division order dismissing with prejudice his second amended complaint. Moss sought to enjoin defendant New Jersey … agency to perform a duty [that] is ministerial and wholly free from doubt or to compel the exercise of discretion, but …
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… Argued September 15, 2020 – Decided Before Judges Fisher, Moynihan and Gummer. NOT FOR PUBLICATION … In a subsequent email, Morris asked Yerman: "Are you completely satisfied you can build your home on the … or fact which the adversary considers relevant." State v. Freeman, 223 N.J. Super. 92, 116 (App. Div. 1988). The net- …
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… Submitted March 15, 2021 – Decided April 6, 2021 Before Judges Sabatino and DeAlmeida. On appeal from the … and sirens, the Taurus continued to proceed slowly after completing the left turn. The Taurus eventually pulled over … That is, a defendant has a constitutional right to be free from indiscriminate searches and seizures by 10 …
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… Argued January 25, 2021 – Decided March 22, 2021 Before Judges Messano, Hoffman and Suter. On appeal from the … Lake Club (the Club), a recreational lake swimming complex owned by defendant Borough of Allendale and … recreational facilities; the cites were to the Barrier Free Subcode portion of the UCC, and generally noted the …
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… DIVISION DOCKET NO. A-5131-17T5 IN THE MATTER OF THE CIVIL COMMITMENT OF J.D., SVP-668-13. ____________________________ … telephonically May 28, 2020 – Decided June 23, 2020 Before Judges Koblitz, Whipple and Mawla. On appeal from the … . . at review hearings or initial hearings." The judge was free to accept part or all of the expert testimony offered …
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… Submitted April 21, 2020 – Decided May 22, 2020 Before Judges Yannotti, Currier and Firko. On appeal from the … Defendant was convicted of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1(b); … NEW JERSEY CONSTITUTIONS['] GUARANTEE [OF] THE RIGHT TO BE FREE FROM UNREASONABLE SEARCHES AND SEIZURES. U.S. CONST. …
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… DIVISION DOCKET NO. A-1825-19 IN THE MATTER OF THE CIVIL COMMITMENT OF J.P., SVP-802-19. ____________________________ … Submitted April 13, 2021 – Decided June 3, 2021 Before Judges Moynihan and Gummer. On appeal from the Superior … problem, that it is only alcohol. And now that he has been free of alcohol for so long, he poses no problem. The …
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… Argued February 10, 2021 – Decided May 18, 2021 Before Judges Alvarez and Sumners. On appeal from the Superior … avail. When her aunt came downstairs to inquire about the commotion, defendant, who had attempted to engage in sexual … APPELLANT'S PCR CLAIMS. POINT IX APPELLANT ASSERTS A FREE STANDING ACTUAL INNOCENCE CLAIM ON PCR. I. We address …
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… NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1978-20 ROSEMARY FORMOSO, Plaintiff-Appellant, v. YOUVIN R. DALEY, Defendant, … forced Daley to make a full stop, indicating that she was free to cross the roadway. She alleges that but for … if the case went to trial, the jury would find plaintiff comparatively negligent. The judge then commented that she …
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… Argued August 2, 2021 – Decided August 18, 2021 Before Judges Sabatino and Rose. On appeal from the Superior … so he told him to open his hands. Defendant failed to comply. As Manna diverted his attention to defendant, Eli … father struggled with Manna on the floor. Eli then broke free from Manna, got up off the floor, and ran towards the …
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… Submitted April 12, 2021 – Decided August 11, 2021 Before Judges Messano and Hoffman. On appeal from the Superior … R. 1:38-3(d) (10). 3 A-1311-19 obtained a TRO based on her complaint that alleged defendant had been harassing her … parties shall exert every reasonable effort to maintain free access and unhampered contact between the children and …
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… Submitted January 16, 2020 – Decided May 11, 2020 Before Judges Alvarez and Nugent. On appeal from the Superior … the filing of plaintiffs Jong S. Hong and Daniel Kim's1 complaint. The uniquely confused history of the events … would not have been favorable to the spoliator. The jury is free, however, to accept or reject that inference. 13 …