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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 …
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… Submitted August 30, 2017 – Decided Before Judges Rothstadt and Vernoia. On appeal from the New Jersey Civil Service Commission, Docket No. 7114-15. Weiner Law Group, LLP, … a quorum caused multiple adjournments, but the Commission ultimately adopted by default the judge's initial decision …
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… Submitted January 9, 2017 – Decided Before Judges Nugent and Currier. On appeal from Superior … of her right to reject the loan within three days of completing the paperwork. Defendant defaulted on the loan on … month trial payment plans for mortgage modification, but ultimately denied her request for permanent modification, …
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… Submitted November 15, 2017 – Decided Before Judges Nugent and Geiger. On appeal from Superior Court … engaged a private process server who served the summons and complaint on an individual at defendant's residence who … defendant argues the trial court abused its discretion by ultimately denying his motion to vacate the default judgment …
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… Submitted May 31, 2017 – Decided Before Judges Ostrer and Leone. On appeal from Superior Court … as he was escorted out of the house. Defendant was ultimately indicted and charged with two counts of third-degree aggravated assault by committing simple assault on law enforcement officers, …
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… Submitted August 8, 2017 – Decided Before Judges O'Connor and Whipple. On appeal from Superior … a final hearing to adjudicate the domestic violence complaint plaintiff J.R. filed NOT FOR PUBLICATION WITHOUT … appealed the December 6, 2012 order, but his appeal was ultimately dismissed and his motion to reinstate the appeal …
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… Defendant-Appellant. Argued October 18, 2017 – Decided Before Judges Alvarez and Nugent. On appeal from Superior … N.J.S.A. 2C:24-4(a). Each count alleged conduct committed against a different child. The conduct occurred … nor change the ingredients of the offen[s]e or the ultimate facts necessary to establish guilt.'" Perez, supra, …
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… SUK CHANG SUH, and SC & NJ SUH REALTY LIMITED LIABILITY COMPANY, Plaintiffs-Appellants, v. REDSTONE TREMATORE … Argued October 31, 2017 – Decided Before Judges Carroll and Mawla. On appeal from Superior Court … and Suh to assign the PSA to their company, Suh Realty, the ultimate purchaser. On September 28, 2012, Suh Realty …
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… Submitted November 1, 2017 – Decided Before Judges Fuentes and Manahan. On appeal from Superior … facts. Around 11 p.m. on July 8, 2013, Frison, in the company of friends and family, was returning home after a … Goldberg v. Housing Auth., 38 N.J. 578, 583 (1987)). "Ultimately, [New Jersey] Supreme Court cases repeatedly …