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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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … The court sustained defendant's objection to the comment about gang membership, but denied his motion for a … that she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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Jury Charges state, the summations of counsel do not comprise evidence.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, …
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… DOCKET NO. A-3136-16T2 IN THE MATTER OF MOTOR VEHICLE COMMISSION SURCHARGE SYSTEM ACCOUNTING AND BILLING SERVICES. … Argued January 22, 2018 – Decided Before Judges Sabatino, Ostrer and Rose. On appeal from the … proposals were initially due on August 13, 2015. The Bureau ultimately postponed that deadline to October 15, 2015. The …
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… Argued March 1, 2018 – Decided August 30, 2018 Before Judges Simonelli, Rothstadt and Gooden Brown. On appeal … of enclosed parking with 537 spaces built underneath a common area with lobbies, a fitness room, a lounge, and … requested 256 units, but twenty-three townhouses were ultimately removed from the plan. 4 A-0206-15T1 including …
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… NO. A-2134-14T1 A-4630-14T1 THE STOP & SHOP SUPERMARKET COMPANY, LLC, Plaintiff-Appellant/ Cross-Respondent, v. THE … to get lefts out. But you have a lot of flexibility here." Ultimately, Troutman recommended the traffic at Greenwood … for mootness, "our review is de novo." A-2134-14T1 27 Teamsters Local 97 v. State, 434 N.J. Super. 393, 413, 416 …
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… ALLSTATE NEW JERSEY PROPERTY AND CASUALTY INSURANCE COMPANY, Plaintiff-Respondent, v. ESTATE OF SEAN MCBRIDE, … its administratrix JULIE GUNN, Plaintiff-Appellant, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Allstate filed a complaint seeking a declaratory judgment. Ultimately, with the exception of McBride's Estate, which …
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… him as a Tier III sex offender under the registration and community 1 We use initials to preserve the confidentiality … In short, the trial court makes "a value judgment" and "the ultimate determination of a registrant's risk of … the judge's contradictory findings on factor four, he may revisit this factor on remand to the extent there is new …
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… Submitted March 30, 2022 – Decided May 4, 2022 Before Judges Hoffman, Whipple and Geiger. On appeal from the … The parties are highly educated. Plaintiff had worked in compliance. Defendant had worked as an attorney for various … to work in March 2018 but did not contact 2 Plaintiff ultimately changed the locks in June 2018. Defendant …
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… the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … Act (CEPA), N.J.S.A. 34:19-1 to -8, an employee who becomes the victim of employer retaliation for engaging in … medications to battle his depression and insomnia. Watral ultimately concluded that it was unlikely that Seddon would …
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… Argued October 20, 2021 – Decided August 10, 2022 Before Judges Fuentes, Gooden Brown and Gummer. On appeal from … UNDER N.J.R.E. 702 AND 703. II. THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN LIMITING THE TESTIMONY OF … YouTube videos defendant had created under the name "the Ultimate Toy Collector." In some of those videos, which were …
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… Argued December 14, 2020 - Decided Before Judges Fasciale and Mayer NOT FOR PUBLICATION WITHOUT … Diekhaus, on the briefs). PER CURIAM This case involves a commission dispute between life insurance producers. The … premium payments to him instead of the insurance companies. Ultimately, Transamerica issued a $30,000,000 policy to …
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… Argued February 23, 2021 – Decided March 23, 2021 Before Judges Fisher, Gilson, and Gummer. On appeal from the … a successful Seoul-based real estate and construction company in which decedent had been both majority shareholder … taking positions adverse to the estate, defendant had ultimately cooperated with his investigation. Judge Contillo …
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… Submitted December 9, 2019 – Decided June 23, 2020 Before Judges Fasciale and Rothstadt. On appeal from the Tax … its Rule 4:37-2(b) motion and dismissing plaintiff's complaints, and (2) made various legal and evidentiary … its Rule 4:37-2(b) motion, the judge made several errors in ultimately concluding that the true market value of the land …
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… Submitted April 21, 2021 – Decided May 28, 2021 Before Judges Ostrer and Vernoia. On appeal from the Superior … in other cases is limited. R. 1:36-3. 2 A-3993-19 In her complaint, plaintiff Stacie Percella alleges defendant City … to defendant's discovery demands were not timely provided. Ultimately, however, the court dismissed the complaint with …
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… Co. (Discovery Only), Defendants-Respondents, and NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … judgment in favor of Union Carbide and dismissed the complaint with prejudice. Then, in Fowler v. Akzo Nobel … Zaza v. Marquess & Nell, 144 N.J. 34, 49 (1996)). But ultimately, the question is whether the manufacturer acted …