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… Submitted October 22, 2024 – Decided November 7, 2024 Before Judges Gooden Brown and Smith. On appeal from the … keep him apprised of the case status and provide him with complete discovery and determined that trial counsel's … of counsel] claims involves matters of fact, but the ultimate determination is one of law and . . . '[a] trial …
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… Submitted October 29, 2024 – Decided January 6, 2025 Before Judges Gilson and Augostini. On appeal from the … and motion substantially for the reasons set forth in the comprehensive written opinion issued by Judge Edward J. … raised were carefully and thoroughly considered but ultimately rejected. As noted at the outset of this opinion, …
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… Submitted January 14, 2025 – Decided January 23, 2025 Before Judges Smith, Chase and Vanek. On appeal from the … orders dismissing his personal injury claim for failure to comply with the treating physician permanency certification … great indulgence allowed extensions of that timeframe and ultimately resulted in the May 3rd orders, requiring that …
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… Submitted December 18, 2018 – Decided Before Judges Gilson and Natali. On appeal from Superior Court … shareholder of Ex-Titanic Corp., which owns a 166- year-old commercial building consisting of three units at 3125-3129 … by Dominguez, and with the belief Meadowlands would ultimately be named the general contractor, obtained the …
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… of the State of New Jersey, Defendant-Appellant, and FUND FOR A BETTER WATERFRONT and HUDSON TEA BUILDINGS CONDOMINIUM … written opinion issued with the order. We add the following comments. This case is the most recent in a series of … to deny Shipyard's county- level land use application. Ultimately, those efforts failed. In Shipyard I, we affirmed …
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… Submitted November 27, 2018 – Decided NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … PennyMac Loan Services, LLC. Aly, however, did not complete the purchase of the subject property because of a … for the deficiency between his bid and the property's ultimate sales price and its November 30, 2017 order denying …
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… Argued March 4, 2019 – Decided April 2, 2019 Before Judges Fasciale and Rose. On appeal from the Board of … 15, 2010, petitioner slipped and fell on ice before commencing a snowplowing job for the County of Mercer, his … aggravation result[ed] in complete and total disability." Ultimately, the ALJ concluded Dr. Maslow's opinion carried …
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… Argued January 7, 2019 – Decided April 1, 2019 Before Judges Messano, Fasciale and Gooden Brown. NOT FOR … of Child Protection and Permanency (the Division) filed a complaint and order to show cause against defendant S.H., … Title Thirty. The litigation continued for several months. Ultimately, the parties consented to an order that permitted …
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… Plaintiff-Appellant, v. GREAT ATLANTIC & PACIFIC TEA COMPANY, A&P SUPERMARKET, and HUSSMANN INTERNATIONAL, INC., … Defendant. Argued April 1, 2019 – Decided April 23, 2019 Before Judges Messano and Rose. On appeal from Superior Court … the record the numerous demands that remained outstanding. Ultimately, the judge determined A&P "could not possibly …
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… discretion or error of law in the trial court's cogent and comprehensive opinion. The trial judge reconsidered the four … HER MOTION TO WITHDRAW HER PLEA. 4 A-4461-15T1 Defendant revisits each of the four factors, focusing on the court's … is not necessarily fatal to an effective waiver. "[T]he ultimate focus must be on the defendant's actual …
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… CITY, ROBERT BYRNE, in his official capacity as City Clerk for the City of Jersey City; and SEAN J. GALLAGHER, in his … Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law right-to-know. We detailed some of the litigation … searches outside the original record request. Instead, it ultimately furnished additional certifications. Lastly, the …
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… Argued May 22, 2019 – Decided June 7, 2019 Before Judges Alvarez and Mawla. On appeal from Superior Court … alleging the judge who issued the warrant was biased, to compel the State to divulge the identity of the CI, for a … a reasonable likelihood that his or her claim will ultimately succeed on the merits." Ibid. (citing Preciose, …
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… Submitted April 3, 2019 – Decided June 11, 2019 Before Judges Alvarez and Reisner. On appeal from Superior … State v. Roach, 219 N.J. 58, 79 (2014), which supports the common sense principle that where the individual who … and obtain a Wade hearing, both of which were ultimately denied. Counsel requested, and the judge gave, an …
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… Defendant-Respondent. Submitted June 5, 2019 - Decided Before Judges Currier and Mayer. On appeal from the Superior … dismissed plaintiff Dario, Albert, Metz & Eyerman, LLC's complaint with prejudice, after a bench trial. During the … legal services to defendant. However, based on the judge's ultimate conclusion that plaintiff had not complied with …
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… Argued March 5, 2019 – Decided July 31, 2019 Before Judges Rothstadt and Natali. On appeal from the … guidelines—"sole or shared parenting time"—they should use. Ultimately, the parties agreed upon a deviation from either … reasons setting forth how the amount was calculated. In her comprehensive decision, the judge reviewed the original …
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… Defendant. Submitted July 9, 2019 – Decided July 30, 2019 Before Judges Hoffman and Currier. On appeal from the Superior … on the brief). PER CURIAM In this matter arising out of a commercial real estate transaction, plaintiff Gebroe-Hammer … and the two subsequent conversations between them, the men ultimately signed a document entitled "AGREEMENT FOR …
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… Argued August 5, 2019 – Decided August 15, 2019 Before Judges Sabatino and Mitterhoff. On appeal from the … any codes or raise any engineering concerns, defendant ultimately decided to forego the installation of railings … requires the motion judge to consider whether the competent evidential materials presented, when viewed in the …
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… Submitted August 5, 2019 – Decided August 9, 2019 Before Judges Sabatino and Rose. On appeal from the Superior … sex offender treatment. Defendant also was ordered to comply with Megan's Law and was subject to Parole … of the merits of defendant's contentions, and the judge's ultimate conclusion that defendant's claims were unsupported …
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… Submitted September 10, 2019 – Decided Before Judges Accurso and Gilson. On appeal from the Superior … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 … does not require a showing of serious bodily injury, as compared to proof of bodily injury; (2) the amount of drugs, …
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… Argued November 7, 2019 – Decided Before Judges Koblitz, Whipple and Gooden Brown. On appeal … delay, the fire escape was removed and construction was completed. In the interim, the property sustained … and irreparably weather damaged by the time plaintiff was ultimately able to resume construction." The judge also …