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… GEORGE BELLO, Plaintiff-Respondent, v. STATE FARM INDEMNITY COMPANY, d/b/a STATE FARM, Defendant-Appellant. … Submitted December 14, 2020 – Decided April 26, 2021 Before Judges Hoffman and Smith. On appeal from the Superior … the jurors to return to their deliberations. The jury ultimately returned with its third and final verdict. Here, …
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… Submitted April 12, 2021 - Decided May 10, 2021 Before Judges Messano and Suter. On appeal from the Superior … that the Disciplinary Review Board considered three complaints made 1 For the balance of our opinion, to avoid … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" State v. Porter, 216 …
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… Argued on May 11, 2021 – Decided June 3, 2021 Before Judges Gilson, Moynihan, and Gummer. On appeal from the … Debra, the police officer who responded declined to sign a complaint because "the alleged violation occurred in front … to take action after the May 7, 2019 hearing – a decision ultimately supported by the dismissal of the …
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… Submitted May 10, 2021 – Decided July 2, 2021 Before Judges Messano and Suter. On appeal from the Superior … also consented to a search of his cellphone, which ultimately led to the identification of Stephen. Id. at 5. … oral argument before the PCR judge and the PCR judge's comprehensive written opinion. 4 A-4591-19 makes patients …
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… Submitted May 3, 2021 – Decided July 29, 2021 Before Judges Currier and DeAlmeida. On appeal from the … both orders and remand for entry of an order dismissing the complaint. I. The following facts are derived from the … of Buttery's interest in the property. The Butterys 2 Ultimately, Imfeld entered a guilty plea to the charge of …
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… Submitted September 15, 2021 – Decided September 28, 2021 Before Judges Messano and Enright. On appeal from the Superior … the need for an FRO, the judge first concluded defendant committed the predicate acts of assault, N.J.S.A. … during the April 25 incident, noting the altercation "ultimately resulted with hands around [plaintiff's] neck." …
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… Argued September 16, 2021 – Decided September 27, 2021 Before Judges Haas, Mawla, and Mitterhoff. On appeal from the … due to the alleged machinations of defendant, 42nd Liquor ultimately consented to defendant running the LaCosta Lounge … POINT I THE COURT ERRED IN DETERMINING THAT [DEFENDANT] COMMITTED EQUITABLE 6 A-2339-19 FRAUD. a. Legal Standard for …
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… Argued September 23, 2021 – Decided October 18, 2021 Before Judges Alvarez and Mawla. On appeal from the Superior … A. Gummer dismissed with prejudice plaintiffs' amended complaint against Chase, except a negligence count. She … after unsuccessfully seeking to enjoin the foreclosures. Ultimately, they reactivated the federal court proceeding. …
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… Argued September 21, 2021 – Decided October 18, 2021 Before Judges Fisher and Currier. On appeal from the Superior … parked car, the detectives observed a cloud of white smoke coming from its open windows. The officers also smelled an … the court found Mezey credible can be inferred from its ultimate ruling. During the suppression hearing, the judge …
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… Submitted September 27, 2021 – Decided October 7, 2021 Before Judges Sumners and Firko. On appeal from the Superior … Ardyth Parker1 (collectively defendants) and dismissing the complaint against them with prejudice.2 The trial court did … arrival, Axel and Precious greeted each other. Axel ultimately relocated to the computer room where Jessica was …
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… v. PLYMOUTH ROCK ASSURANCE, d/b/a PLYMOUTH ROCK MANAGEMENT COMPANY OF NEW JERSEY, d/b/a HIGH POINT PREFERRED INSURANCE … Submitted October 6, 2021 – Decided November 5, 2021 Before Judges Whipple and Susswein. On appeal from the … 571 (2002)). "[B]ecause dismissal with prejudice is 'the ultimate sanction,' it should be imposed 'only sparingly' …
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… Argued November 1, 2021 – Decided December 15, 2021 Before Judges Accurso and Enright. On appeal from the Superior … order denying her motion to reinstate her personal injury complaint against defendant Sabrina C. Pinckney. She also … 25 (App. Div. 2007). Instead, the application of good cause ultimately turns on the trial court's "exercise of sound …
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… Submitted November 9, 2021 – Decided January 10, 2022 Before Judges Hoffman, Geiger and Susswein. On appeal from the … January 4, 2021, plaintiff D.H. filed a domestic violence complaint and obtained a temporary restraining order (TRO) … infer that defendant slashed plaintiff's tires. The judge ultimately found the tire slashing to constitute a "clear …
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… Submitted January 11, 2022 – Decided March 4, 2022 Before Judges Currier and Smith. On appeal from the Board of … 2010, appellant stated he sat "on [his] desk at the computer. The end of the term was near, and we just waited … case until approximately 2018. In forming his report and ultimate conclusion, Nehmer relied heavily on an MRI taken …
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… Argued May 5, 2022 – Decided May 17, 2022 Before Judges Haas and Mawla. On appeal from the Superior … granting defendant Robert C. Wilson's motion to dismiss his complaint for failure to state a claim. We affirm. Plaintiff … judicial immunity is an immunity from suit, not just from ultimate assessment of damages." Mireles v. Waco, 502 U.S. …
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… Submitted May 11, 2022 – Decided June 9, 2022 Before Judges Hoffman, Whipple and Susswein. On appeal from … feet on the floor and pushing back." Another officer then completed the removal of the occupant; at that point, as he … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Id. at 355 (quoting R. …
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… Submitted April 27, 2022 – Decided June 27, 2022 Before Judges Geiger and Susswein. On appeal from the Superior … POINT III THE WRONGS THAT THE TRIAL JUDGE SAID DEFENDANT COMMITTED WERE NOT DETERMINED TO [BE] MATERIAL BREACHES AS … by credible evidence in the record, the trial court ultimately concluded that a 9 A-2774-20 breach of contract …
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… Argued April 5, 2022 – Decided July 27, 2022 Before Judges Fasciale and Sumners. On appeal from the … identified by defendant alleged to be a witness or committing crimes. 3 A-2449-20 Police officers were … been material to the judge's decision making and would have ultimately led him to reject the search warrant request. …
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… Submitted June 8, 2022 – Decided July 14, 2022 Before Judges Gilson and Gooden Brown. On appeal from the … driver, summary judgment and dismissing her personal injury complaint with prejudice. Because the judge misapplied the … Salmond was able to exit the bus after her fall, she ultimately called 911 because she was having trouble walking …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … him to plead guilty to both DWI charges and he reluctantly complied. Accordingly, the municipal court suspended … (PCR) for the two DWI convictions entered on May 24, 2011. Ultimately, on November 14, 2014, the Law Division vacated …