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- A-3062-19 Opinionnjcourts.gov… 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' …
- A-4199-18 Opinionnjcourts.gov… 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. …
- A-2002-19 Opinionnjcourts.gov… 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 …
- A-2794-19 Opinionnjcourts.gov… 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 …
- A-3761-19 Opinionnjcourts.gov… 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." …
- A-2339-19 Opinionnjcourts.gov… 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 …
- 5.40B Charges Document PDFnjcourts.gov… accident/injury/harm.1 To establish his/her claim for a manufacturing defect, the plaintiff must prove all of … Angelo Foundry & Machine Co., 81 N.J. 150, 170 (l979). 3 Compare Scanlon v. Gen. Motors Corp., 65 N.J. 582 (l974), … Cause.] 8. Comparative Fault; Apportionment of Fault; Ultimate Outcome. If plaintiff and defendant both are found …
- 2C:35-5.3a Charges Document PDFnjcourts.gov… this indictment is based reads as follows: It is a crime for any person knowingly or purposely … to possess or have … or dispense” the enumerated substances, the Supreme Court Committee on Model Criminal Jury Charges notes that the … SALTS) (N.J.S.A. 2C:35-5.3a) dangerous substance to an ultimate user or research subject by or pursuant to the …
- A-0220-19T1 Opinionnjcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … an order that vacated a default judgment and dismissed its complaint – presents some unusual circumstances and … conduct and motivation of both parties, the judge ultimately viewed the decision as turning not on which of …
- A-2593-17T2 Opinionnjcourts.gov… RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … raise important substantive issues and can lead to complicated and involved hearings. The Office of Parental … 7 A-2593-17T2 explicitly recognized under the old Rules. Ultimately, however, if the municipal court judge concludes …
- A-0267-14T4 Opinionnjcourts.gov… Submitted April 25, 2017 – Decided Before Judges Gilson and Sapp-Peterson. On appeal from … for the reasons expressed by Judge Terrence R. Cook, in his comprehensive and well-reasoned June 17, 2014 written … likelihood 6 A-0267-14T4 that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
- A-0460-15T2 Opinionnjcourts.gov… Argued April 27, 2017 – Decided Before Judges Lihotz and O'Connor. On appeal from Superior … to represent Investacorp. Before the arbitration hearing commenced, 1 In 2007, NASD became known as the Financial … testimony and reviewed documentary evidence. The panel ultimately found in plaintiff's favor. The panel ordered …
- A-3068-17T4 Opinionnjcourts.gov… Argued May 8, 2019 – Decided June 4, 2019 Before Judges Alvarez and Mawla. On appeal from Superior Court … certainty to be quite high, and only reduced it from complete certainty because he was so conscious of the … of law thereon in all actions tried without a jury" and ultimately, "enter or direct the entry of the appropriate …
- A-1285-17T2 Opinionnjcourts.gov… Submitted March 25, 2019 – Decided April 23, 2019 Before Judges Messano and Rose. On appeal from Superior Court … proceedings began in 2014 with the filing of plaintiff's complaint. Defendant, through counsel, answered the … scrupulously addressed each of the parties' arguments. Ultimately, the judge granted most of plaintiff's requested …
- A-4551-17T4 Opinionnjcourts.gov… Submitted March 12, 2019 – Decided Before Judges Yannotti and Gilson. On appeal from Superior … dissented and 1 Because defendant was charged with and ultimately convicted of sexually abusing a minor, we use … because '[a]s time 5 A-4551-17T4 passes, justice becomes more elusive and the necessity for preserving finality …
- A-0062-17T3 Opinionnjcourts.gov… Submitted May 8, 2018 – Decided July 6, 2018 Before Judges Fisher and Moynihan. On appeal from Superior … N.J. Super. 409, 423 (App. Div. 1989)). "[A] defendant's complete understanding of his right to testify can be … by defendant knowing the judge would likely decide — as he ultimately did — to admit his unsanitized prior convictions …
- A-5646-16T4 Opinionnjcourts.gov… Submitted November 13, 2018 - Decided Before Judges Sumners and Mitterhoff. On appeal from Superior … plaintiff Nildia Acosta- Santana and dismissing the divorce complaint with prejudice, and a subsequent order denying the … [defendant's] premarital portion of his assets would have ultimately been taken into account in the equitable …
- A-2644-17T3 Opinionnjcourts.gov… Submitted December 18, 2018 – Decided Before Judges Hoffman and Geiger. On appeal from Superior … The charges stemmed from a sexual offense defendant committed against his granddaughter in November 2009. At the … should receive jail credits and psychiatric treatment. Ultimately, the PCR judge found defendant's claim meritless …
- A-2579-17T2 Opinionnjcourts.gov… Submitted January 8, 2019 – Decided Before Judges Gilson and Natali. On appeal from Superior Court … Elkhoga were the sole members of M & M, a limited liability company, whose sole asset was a building located at 104-106 … in the filing of complaints and counterclaims, which were ultimately consolidated in the Chancery Division. After a …
- A-2623-15T1 Opinionnjcourts.gov… Submitted January 10, 2018 – Decided Before Judges Fuentes and Suter. On appeal from Superior Court … police officer within 500 feet of a public housing complex, N.J.S.A. 2C:35-7.1.1 On October 25, 2013, defendant … A-2623-15T1 basis to disturb the trial judge's findings and ultimate decision to uphold the prosecutor's rejection of …