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- A-0944-15T4 Opinionnjcourts.gov… Submitted February 7, 2017 – Decided Before Judges Fasciale and Gilson. On appeal from the Superior … the gun, the defendant struck the officer and ran away. Ultimately, defendant was apprehended and arrested. A grand … called Lieutenant 3 A-0944-15T4 Peter Carbo, who is the commanding officer of the Essex County Sheriff's …
- A-0826-15T2 Opinionnjcourts.gov… Argued April 6, 2017 – Decided June 14, 2017 Before Judges O'Connor and Whipple. On appeal from Superior … defendants have not paid the judgment, plaintiffs sought to compel Filipe Pedroso, as principal of Pedroso Law Firm, … Services, L.L.C. Louro, supra, No. A-2599-13. We stated the ultimate jury verdict for unpaid rent "was only against the …
- A-5699-14T2 Opinionnjcourts.gov… Submitted March 30, 2017 – Decided Before Judges Hoffman and Whipple. On appeal from New Jersey Civil Service Commission, Docket No. 2015-1813. Fusco & Macaluso Partners, … to prove the prima facie case for retaliation because she ultimately attended the forum. On December 12, 2014, CPM …
- A-1421-16T1 Opinionnjcourts.gov… Argued September 14, 2017 – Decided Before Judges Simonelli, Haas and Rothstadt. On appeal from … informant when it was discovered that he was continuing to commit crimes in New Jersey. The prosecutor's letter also … review to the federal courts), as that court remained the ultimate authority as to whether Homeland Security –— a …
- A-0571-19T3 Opinionnjcourts.gov… LUIS ALFREDO SUTUJ, Plaintiff-Appellant, v. LOUIS GARGIULO COMPANY, INC., Defendant-Respondent, and HUDSON COUNTY … Submitted December 2, 2020 – Decided Before Judges Accurso and Enright. On appeal from the Superior … to duties." Dunphy v. Gregor, 136 N.J. 99, 108 (1994). "Ultimately, [determining] whether a duty exists is a matter …
- A-3366-16T1 Opinionnjcourts.gov… Submitted February 7, 2018 – Decided March 12, 2019 Before Judges Fuentes and Suter. On appeal from Superior Court … unlawful possession of a handgun while in the course of committing or attempting to commit a drug-related offense, … [c]ourt to make a better determination of whether it was ultimately a trial strategy not to pursue the motion to …
- A-5351-16T4 Opinionnjcourts.gov… Submitted November 14, 2018 – Decided Before Judges Ostrer and Currier. On appeal from Superior … defendant began the test before the instructions were completed, took an incorrect number of steps , could not … into the machine. Defendant agreed to do so verbally, but ultimately never provided a breath sample. Schulhafer then …
- A-3560-17T1 Opinionnjcourts.gov… Submitted September 16, 2019 – Decided Before Judges Rothstadt and Mitterhoff. On appeal from the … limited. R. 1:36-3. January 8, 2020 2 A-3560-17T1 In this commercial tenancy dispute, plaintiffs Elizabeth Fernandes … sometime between August 4 and August 9, 2016. The judge ultimately found the evidence as to the authenticity of the …
- A-5927-17T3 Opinionnjcourts.gov… Submitted September 10, 2019 – Decided Before Judges Messano and Susswein. On appeal from the … Indictment No. 17-01-0086. Jacobs & Barbone, PA, attorneys for appellant (Louis Michael Barbone, on the brief). Damon … of Franks analysis merely because an application for an FRO ultimately is denied after a plenary hearing. For one thing, …
- A-1347-17T3 Opinionnjcourts.gov… Argued November 28, 2018 - Decided Before Judges Reisner and Mawla. On appeal from the Commissioner of Education, Docket No. 98-3/16. Kathleen … at 529 (quoting Viemeister, 322 N.J. Super. at 218). The ultimate administrative decision-maker in reviewing law …
- A-2234-17T4 Opinionnjcourts.gov… Submitted November 27, 2018 – Decided Before Judges Fisher and Hoffman. On appeal from Superior … the omission is ascribable primarily to defense counsel's incompetence or the State's failure to provide the discovery … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
- A-4932-16T2 Opinionnjcourts.gov… Argued December 17, 2018 – Decided January 28, 2019 Before Judges Messano and Rose. On appeal from Superior Court … December 2014 letter, which included three monthly payments commencing February 1, 2015. The notice clearly stated Wells … the mortgagee initiated foreclosure proceedings that ultimately led to the sale of the property at a sheriff's …
- A-0886-16T3 Opinionnjcourts.gov… Argued September 26, 2018 - Decided Before Judges Fuentes, Accurso and Moynihan. On appeal from … claims of prosecutorial misconduct require only brief comment. We agree with defendant that the questions the … that what they were buying was stolen" and "isn't that the ultimate issue and isn't . . . that a reason why you …
- A-4464-15T4 Opinionnjcourts.gov… Submitted March 19, 2018 – Decided Before Judges Messano and Vernoia. On appeal from Superior … the factors outlined in section (b)(2) of the Rule, and ultimately decided the probative value of J.W.'s 1996 … at 234. Defendant's argument in Point II, however, involves comments by the assistant prosecutor in summation that, at …
- A-2276-15T1 Opinionnjcourts.gov… Submitted January 30, 2018 – Decided Before Judges Hoffman and Mayer. On appeal from Superior Court … 2015 order granting the summary judgment dismissal of his complaint against Hudson City Savings Bank (Hudson City); … court struck, and foreclosure proceeded to final judgment. Ultimately, the parties negotiated a Consent Final Judgment …
- A-91-18 Opinionnjcourts.gov… opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … dismissed in light of certain language in the New Jersey Compassionate Use Medical Marijuana Act (Compassionate Use … it certainly expressed no intent to alter the LAD,” ibid. Ultimately, the Appellate Division determined that this …
- 08195-2016 Opinionnjcourts.gov… by the Township of Irvington (“defendant”) to dismiss the complaint of Albert Yedid (“plaintiff”) for failure to respond to the tax assessor’s request for … mark to show the recipient where to sign. Id. at 335. Ultimately, “the town failed to convince the court that …
- 08196-2015 Opinionnjcourts.gov… by the Township of Irvington (“defendant”) to dismiss the complaint of Albert Yedid (“plaintiff”) for failure to respond to the tax assessor’s request for … mark to show the recipient where to sign. Id. at 335. Ultimately, “the town failed to convince the court that …
- A-2379-20 – STATE OF NEW JERSEY VS. DEREK S. MCDONOUGH (10-04-0441, UNION COUNTY AND STATEWIDE) Opinionnjcourts.gov… Submitted October 4, 2022 – Decided October 28, 2022 Before Judges Susswein and Berdote Byrne. On appeal from the … these cumulative errors and his counsel's failure to communicate with him deprived him of a fair trial. Because … flash drive were not relevant to the charges McDonough was ultimately convicted of, and the State only mentioned this …
- njcourts.gov… Argued October 25, 2022 – Decided November 9, 2022 Before Judges Whipple, Smith and Marczyk. NOT FOR PUBLICATION … the Nguyen judgment. On February 1, 2007, plaintiff filed a complaint in foreclosure alleging she held a mortgage on the … Horowitz's right to the judgment lien. It may be there will ultimately be no proceeds available to Horowitz as a junior …