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… Submitted October 17, 2018 – Decided June 20, 2019 Before Judges Alvarez and Nugent. On appeal from Superior … the Township's zoning officer mailed to Starz Discount Oil Company and defendant a "Notice of Violation." The notice … or repeated or continuing activity, "we are talking about ultimately visibility, we are talking about a timeline …
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… 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 …
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… Argued May 21, 2018 – Decided Before Judges Accurso and O'Connor. On appeal from Superior … temporary restraining order (TRO) and a domestic violence complaint she filed under the Prevention of NOT FOR … court's credibility findings, which in turn affected its ultimate legal determinations. As mentioned, at the …
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… Argued April 11, 2018 – Decided July 23, 2018 Before Judges Fuentes and Manahan. On appeal from the Division … decision to deny A.F.'s redetermination application and ultimately formed the basis for the wrongful termination of … (1) Verification of Address – Utility Bill; (2) a completed PA-1G-NJR2 forms for September 2014, and September …
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… DIVISION DOCKET NO. A-2097-16T5 IN THE MATTER OF THE CIVIL COMMITMENT OF M.W., SVP-748-16. ________________________ Submitted May 15, 2018 – Decided Before Judges Fasciale and Sumners. On appeal from Superior … to accept all or any part of [an] expert opinion[].' The ultimate determination is 'a legal one, not a medical one, …
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… Argued February 5, 2018 - Decided Before Judges Accurso, Vernoia and DeAlmeida. On appeal from … Chancery Division's denial of their motion to dismiss the complaint filed by plaintiffs Inter-Nation Capital … Metro and Media Global to obtain other financing, Metro ultimately defaulted on that agreement as well, resulting in …
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… Argued April 23, 2018 – Decided Before Judges Sabatino and Ostrer. On appeal from Superior … erectile dysfunction treatments, and licensed defendant to compound and sell some of its formulas. According to … knowledge and belief." James asserted that a settlement was ultimately reached, except regarding the method of payment, …
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… APPEAL OF THE DENIAL OF KENNETH ERICKSON, JR.'S APPLICATION FOR A FIREARMS PURCHASER IDENTIFICATION CARD (FPIC) AND … DUE PROCESS FORM OF REDRESS. We determine that sufficient, competent evidence supported the trial court's decision and … of legally competent evidence but rather focuses on the ultimate finding or findings of material 5 A-4775-16T1 …
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… Submitted August 1, 2018 – Decided Before Judges Hoffman and Currier. On appeal from Superior … His trial ended in a mistrial, and the court ultimately dismissed the indictment pursuant to a later plea … sufficient to relax the time limits." Id. at 580. "Absent compelling, extenuating circumstances, the burden of …
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… Submitted March 5, 2018 – Decided Before Judges Messano and O'Connor. On appeal from Superior … believed refinancing and consolidating these debts would ultimately save them money and improve their financial … in cash. Defendants were not charged any fees or costs to complete the transaction. The monthly mortgage payment was …
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… Submitted November 27, 2018 – Decided Before Judges Gilson and Natali. On appeal from Superior Court … out, crossed the centerline of the roadway, and struck an oncoming car. The driver of the other car died. The driver's … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." Ibid.; see also State v. …
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… 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 …
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… Submitted January 7, 2019 – Decided April 3, 2019 Before Judges Sabatino and Sumners. On appeal from Superior … aggravated manslaughter, and the charge of conspiracy to commit murder was dismissed. 4 A-1552-17T3 In Indictment … "a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… Submitted January 30, 2019 – Decided Before Judges Accurso and Vernoia. On appeal from the Board of … was arrested and charged with third-degree conspiracy to commit official misconduct, N.J.S.A. 2C:5-2(a)(2) and … agency is well-settled. We will not upset an agency's ultimate determination unless the agency's decision is shown …
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… Argued November 7, 2018 – Decided Before Judges Yannotti and Natali. On appeal from Superior … summary judgment and dismissing his personal injury complaint. We affirm. Waitikowich was the general contractor … to duties." Dunphy v. Gregor, 136 N.J. 99, 108 (1994). "Ultimately, [determining] whether a duty exists is a matter …
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… Argued December 11, 2018 – Decided Before Judges Hoffman and Firko On appeal from Superior Court … to a global $6500 reduction in the purchase price that encompassed the entire punch list set forth in her attorney's … expert information timely during the discovery process and ultimately at trial. She is not held to a less stringent …
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… Argued September 13, 2018 – Decided October 2, 2018 Before Judges Ostrer, Currier, and Mayer. On appeal from … we reverse and remand to the Board for a second time to comply with its obligations under N.J.S.A. 40:55D-10(g). … The Board must explain how its factual findings support the ultimate legal conclusions. Loscalzo v. Pini, 228 N.J. …
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… Submitted September 12, 2018 – Decided Before Judges Messano and Rose. On appeal from Superior Court … Melendez's description of the shooter varied in height and complexion in the accounts she gave to law enforcement, and … it was his decision whether or not he should testify. Ultimately, when asked by the judge whether he wished to …
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… Submitted February 28, 2019 – Decided April 3, 2019 Before Judges Simonelli and Firko. On appeal from Superior … to show their hands for the officers' safety, and they complied. Moreano spoke to the passenger, later identified … State v. Smith, 306 N.J. Super. 370, 380 (App. Div. 1997)). Ultimately, "courts will not inquire into the motivation of …
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… argued May 23, 2017 – Decided September 20, 2017 Before Judges Hoffman and O'Connor. On appeal from Superior … I N.J.S.A. 2C:21-34(b) states in relevant part: A person commits a crime if the person knowingly makes a material … settled was defendant's answer to one question. The court ultimately agreed defendant's recollection of the answer she …