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… opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … sought an award of attorneys’ fees arising from its common law right of access claim to Internal Affairs (IA) … causal nexus between [the] litigation and the relief ultimately achieved’; and (2) ‘that the relief ultimately …
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… Argued September 28, 2023 – Decided December 6, 2023 Before Judges Gummer and Walcott-Henderson. On appeal from the … appeals from the entry of summary judgment dismissing his complaint against defendants, the Borough of Keansburg and … all the factors necessary to sustain a TCA claim. She ultimately found that "[t]he meter pit—the area surrounding …
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… LLC, Defendants-Respondents, and VOLKSWAGEN GROUP OF NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … to the dealership after it opened to ensure success. Ultimately, plaintiffs' complaints were dismissed with prejudice. Plaintiffs now …
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… DIVISION DOCKET NO. A-2913-21 H and H MANUFACTURING COMPANY, INC., a/k/a H&H, THOMAS TOMEI and JANNETTE TOMEI, … ESQ., MARK TOMEI, Individually and as Guardian ad Litem for VINCENT TOMEI1, and as Personal Representative of the … wrest control and ownership of H&H from Thomas." Plaintiffs ultimately withdrew the motion to amend and filed a new Law …
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… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON … decisions of substance. Sweigart might have had the ultimate say, as he was the majority member, but Levin was …
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… Argued March 14, 2023 – Decided May 3, 2023 Before Judges Susswein and Berdote Byrne. On appeal from the … jury trial convictions for armed robbery, conspiracy to commit armed robbery, and aggravated assault.1 Defendant and … to be inapplicable, having little or no bearing on the ultimate waiver decision. See id. at 12 (guidelines require …
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… AND GOLDSTEIN, LLP, MARC PRESS, ESQ., COLE, SCHOTZ, MEISEL, FORMAN & LEONARD, P.A., DAVID EDELBLUM ESQ., FEINGOLD & … whom represented plaintiffs Mark and Anthony Chernalis in a complex commercial real estate transaction in 2009. … Rule. See DiMisa v. Acquaviva, 198 N.J. 547 (2009). Ultimately, in a supplemental opinion, Judge Contillo denied …
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… opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … for political office who is not an incumbent and is ultimately not elected. Defendant Jason O’Donnell was a … The bribery statute’s history, relevant caselaw, and commentary from the Model Penal Code, on which the statute …
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… Argued November 28, 2023 – Decided February 7, 2025 Before Judges Gooden Brown and Puglisi. On appeal from the … Recorded Statement was the Product of a Police Interview in Compliance with Miranda that was the Functional Equivalent … 3. Defendant represented himself in the 2015 trial and was ultimately convicted on November 10, 2015. Id. at 3, 9. …
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… Argued March 6, 2024 – Decided November 8, 2024 Before Judges Accurso, Vernoia and Gummer. On appeal from the … both a qualitative and quantitative basis, the[] factors ultimately 7 A-3437-21 weigh heav[ily] in favor of [the] … to State Street and when he arrived at the scene there was "commotion everywhere" and an "unidentified woman" "flagged …
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… Argued April 29, 2019 – Decided June 7, 2019 Before Judges Sabatino, Mitterhoff and Susswein. On appeal … Defendant Donnell Gideon was convicted by a jury as an accomplice to a homicide. He now appeals the denial of his … at trial that he had been with Ms. Bey, that conduct ultimately prevented a situation where the testimony of Ms. …
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… Argued January 8, 2019 – Decided August 2, 2019 Before Judges Accurso and Vernoia. On appeal from the Superior … October 16, 2017 order for summary judgment dismissing her complaint against defendants Inspira Medical Centers, Inc., … forty-two applicants selected for an interview, but she was ultimately not chosen.2 In March 2012, plaintiff was doing …
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… Submitted February 12, 2018 – Decided Before Judges Messano and Vernoia. On appeal from Superior … the data collected, he made "a determination [of] how the ultimate crash occurred . . . [.]" Defense counsel objected … TO DECLARE A MISTRIAL SUA SPONTE. POINT II THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN FAILING TO CHARGE THE JURY ON …
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… Argued December 18, 2018 – Decided March 18, 2019 Before Judges Fisher, Geiger and Firko. On appeal from the … demanding, twenty-six-week program in December 2004. After completing various assignments he was transferred to … deteriorated and failed conservative treatments which ultimately led him to require a total hip replacement." …
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… shot based upon a mistaken belief that he or Cunningham had committed a burglary at a home the night before. Rivera … [but t]here is no nexus to the photo array procedure." Ultimately, the judge determined that "almost all the … at trial about his identification does not warrant revisiting what happened pre-trial. As with 22 A-1722-16T3 any …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … The court sustained defendant's objection to the comment about gang membership, but denied his motion for a … that she had to pick just one photo. She testified that she ultimately picked defendant's photo because it depicted him …
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… and Matthew R. Goode, on the brief). PER CURIAM It is commonly said that litigants aren't entitled to perfect … not back down on the compensation issue, and that Stolker ultimately assured him that Kaban was his representative and … issue the first judge had actually determined: "I'm not revisiting anything [the first judge] did." The trouble, …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Jury Charges state, the summations of counsel do not comprise evidence. The propriety of granting such a playback … the particular circumstances of the case before him." Ibid. Ultimately, the Court concluded in King, that "the trial …
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… 12, 2016 – Remanded Resubmitted May 14, 2018 – Decided Before Judges Sabatino, Nugent and Currier. On appeal from … Count one charged defendant with conspiring with Abella to commit burglary. Counts two and three charged both men with … OF DEFENDANT'S CONVICTIONS (Partially Raised Below). A. Ultimate Issue Testimony. B. Irrelevant and Prejudicial …
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… Plaintiff-Appellant, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, PROGRESSIVE GARDEN STATE INSURANCE COMPANY, … at the time that plaintiff was on Medicare. Progressive, ultimately, did not obtain information about plaintiff's … complaint. Instead, the substantive issues can be revisited at a later time on a motion for summary judgment, …