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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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… 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 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 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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… 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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… 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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… 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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… 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 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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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … marriage, and potentially misrepresenting his A-1784-19 3 income and assets. Plaintiff also disclosed to Mr. Celli the … a complaint for palimony against defendant. The parties ultimately entered into a settlement agreement wherein, …
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… 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 …
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… 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 …
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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 …
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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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… Argued September 11, 2025 – Decided September 19, 2025 Before Judges Mawla and Bishop-Thompson. On appeal from the … finding defendant did not establish good cause to overcome the procedural bar of Rule 3:22-4. As to the merits, … argued, and rejected in earlier trial proceedings, and ultimately rejected by this court in prior appeals. …
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… Submitted May 5, 2025 – Decided July 21, 2025 Before Judges Gummer and Berdote Byrne. On appeal from the … charged petitioner with: (1) first-degree conspiracy to commit money laundering, N.J.S.A. 2C:5-2 and N.J.S.A. … trial court properly shifted the burden to the State and ultimately found the State met its burden of demonstrating …
njcourts.gov
… Submitted March 25, 2025 – Decided July 11, 2025 Before Judges Bishop-Thompson and Augostini. On appeal from … pursuant to N.J.S.A. 2C:12-1. Defendant filed a cross-complaint against B.E.M.2 The parties agreed to voluntarily … The more "cautious approach" would have been to "defer the ultimate decision on the issue of the commission by …
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… Submitted May 22, 2025 – Decided June 9, 2025 Before Judges Mawla and Walcott-Henderson. On appeal from the … this Purchase Order was delivered to the Seller. Failure to comply with these requirements within the [seventy-two]-hour … was not binding and was only an estimate. Plaintiff ultimately traded-in the vehicle and sued defendant to …