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… Argued April 29, 2019 – Decided May 14, 2019 Before Judges Gooden Brown and Rose. On appeal from Superior … November 2016, plaintiff Kornegay Construction, LLC filed a complaint in the Small Claims Section of the Special Civil … the adjournment request and waited for the witness, but ultimately adjourned the matter when it was unable to reach …
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… Submitted April 30, 2019 – Decided May 24, 2019 Before Judges Hoffman and Enright. On appeal from Superior … beginning as a salesman before starting his own used car company with his brother. When defendant's brother left the … as unfair to the interests of the party who retained him. Ultimately, the trial court rejected defendant's arguments …
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… Submitted November 29, 2018 – Decided June 13, 2019 Before Judges Whipple and DeAlmeida. On appeal from Superior … Father opposed the motion and cross-moved for an order: (1) compelling Mother to provide proof that she had actually … informal written decisions, or reasons given for the ultimate conclusion." Hayes v. Delamotte, 231 N.J. 373, 387 …
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… Argued May 30, 2019 – Decided June 25, 2019 Before Judges Koblitz, Currier and Mayer. On appeal from the … a December 8, 2017 arbitration award and dismissing its complaint. We affirm. The Association submitted two … arbitrator's decision, the judge found "the arbitrator's ultimate conclusion must be maintained as it was not unfair …
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… Plaintiffs- Respondents, v. ZURICH AMERICAN INSURANCE COMPANY, and LEXINGTON NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Hopkins v. Fox & Lazo Realtors, 132 N.J. 426, 439 (1993). "Ultimately, . . . the question of whether a duty exists is …
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… Submitted April 9, 2019 – Decided August 28, 2019 Before Judges Rothstadt and Gilson. On appeal from the … was pursued by a crowd of people, including defendant, who ultimately beat him until he fell to the ground. At that … the victim's head, which caused injuries that left him in a coma for five months before he died. Id. (slip op. at 4-5). …
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… Argued October 31, 2018 – Decided Before Judges Fuentes, Accurso and Moynihan. On appeal from … and reserved decision. In an order dated August 28, 2017, accompanied by a Statement of Reasons, the court granted … involved in this case misdirected the court's analysis and ultimately led to a legally untenable outcome. Under Section …
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… Submitted September 19, 2019 – Decided Before Judges Suter and DeAlmeida. On appeal from the Superior … role of the actor therein, including whether or not it was committed in an especially heinous, cruel, or depraved … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Id. at 355 (quoting R. …
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… Submitted September 25, 2019 – Decided Before Judges Koblitz and Gooden Brown. On appeal from the … arguments for our consideration: POINT I THE PROSECUTOR COMMITTED MISCONDUCT IN SUMMATION WHEN HE STATED THAT … defendant pushed Flores and "lunged at [him] with a knife," ultimately stabbing Flores "[t]hree" times, twice "in the …
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… Submitted October 3, 2019 — Decided Before Judges Whipple and Mawla. On appeal from the Superior … for post-conviction relief (PCR). We affirm. Defendant committed the underlying offenses when he was sixteen-years- … old. He was waived to adult criminal court and ultimately entered into a negotiated plea to one count of …
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… Submitted October 2, 2019 – Decided Before Judges Yannotti and Hoffman. On appeal from the … because he "failed to investigate [his] defense" and recommended he plead guilty "when there was no factual basis … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… Defendant-Appellant. Submitted October 3, 2019 – Decided Before Judges Alvarez and Nugent. On appeal from the Superior … to five years probation, contingent upon his successful completion of drug court. The Law Division judge before … in blood-spatter analysis still qualified as an expert). Ultimately, "[t]he trial court has discretion in determining …
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… Submitted December 4, 2019 — Decided Before Judges Koblitz, Whipple, and Mawla. On appeal from an … other officers began to arrive at the scene. Prior to completing the summons, a canine unit appeared and began a … canine unit's arrival on scene the prolonged, delayed, and ultimately interrupted the mission of the motor vehicle stop …
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… Submitted November 6, 2019 – Decided Before Judges Yannotti and Hoffman. On appeal from the … who contacted local hospitals and learned that a man had come to a hospital with stab wounds above the right eye and … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22- 10(b). To …
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… Submitted October 28, 2019 – Decided Before Judges Sumners and Natali. On appeal from the Superior … THAT ADDITIONAL REVIEW OF THE STATE'S FILE WAS NECESSARY TO COMPLETE HIS INVESTIGATION. 3 A-0220-18T3 POINT III THE PCR … to protect their identities. 5 A-0220-18T3 controls, and ultimately landing by N.I.'s foot. Y.G. was in the front …
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… Submitted November 12, 2019 – Decided Before Judges Sumners and Natali. On appeal from the Superior … instead reached for the car's clock and air vents, ultimately hitting the lock button for the car door. … the following colloquy: OFFICER MARSICANO: Where are you coming from? [DEFENDANT]: From New Jersey. OFFICER …
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… Submitted December 18, 2019 – Decided Before Judges Whipple, Gooden Brown and Mawla. On appeal from … during the marriage in 1999. He reported a minimal income from the business, which did not correspond with the … Plaintiff filed a motion to enforce litigant's rights and ultimately a third realtor was retained. Following three …
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… Argued December 2, 2019 – Decided January 17, 2020 Before Judges Fasciale and Moynihan. On appeal from the New … were dismissed. Appellant was initially eligible for recommendation for placement into "minimum" custody status … prove or otherwise chose not to prosecute—charges that were ultimately dismissed. In doing so, it seemingly disregarded …
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… Argued October 2, 2019 – Decided Before Judges Ostrer and Susswein. On appeal from the Superior … direct appeal Smith's convictions of murder, conspiracy to commit murder, and related weapons offenses, State v. Smith, … Carter, 69 N.J. at 427-28. 6 A-2256-16T3 We also review the ultimate decision to grant a new trial for an abuse of …
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… Submitted January 13, 2020 – Decided Before Judges Fasciale and Mitterhoff. On appeal from the … February 28, 2020 2 A-3241-18T1 dismissing plaintiff's complaint which alleged that the County violated the New … evidence that satisfies four elements: (1) "[T]he harm ultimately caused was foreseeable and fairly direct;" (2) a …