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- njcourts.gov… Submitted December 1, 2020 – Decided Before Judges Gilson and Gummer. On appeal from the Superior … January 15, 2021 2 A-2858-18T4 that (1) dismissed its complaint for ejectment with prejudice; and (2) denied its … nearly thirty years after his tenancy began. The court ultimately determined no 7 A-2858-18T4 evidence supported …
- STATE OF NEW JERSEY VS. JAMES MCDOWELL (10-12-2261, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Argued December 15, 2020 – Decided Before Judges Fisher, Gilson and Gummer. On appeal from the … counsel. Lucianna certified that there had been "a complete breakdown of the attorney-client relationship" that … of counsel] claims involves matters of fact, but the ultimate determination is one of law[.]" State v. Harris, …
- njcourts.gov… Submitted February 26, 2020 – Decided February 2, 2021 Before Judges Fuentes, Mayer and Enright. On appeal from the … 27, 2014.3 On February 18, 2015, defendant negotiated a comprehensive plea agreement with the State that resolved … no legal basis to disturb the PCR judge's findings and ultimate legal conclusions. The record we have described at …
- njcourts.gov… STATE OF NEW JERSEY, Plaintiff-Respondent, v. VALTER SFORCA, Defendant-Appellant. __________________________ … to counts one, four, six, and seven. The plea agreement recommended a ten-year term, subject to an eighty- 3 … the reasonable likelihood that his . . . claim will ultimately succeed on the merits." State v. Marshall, 148 …
- njcourts.gov… Defendants-Respondents. ______________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … than originally stated, and it was agreed MGC would commit to operating the RSC property for three years, as … and the Township could discuss acquiring the property. Ultimately, the Township, without Essex County's …
- njcourts.gov… Submitted January 5, 2021 – Decided March 12, 2021 Before Judges Fisher and Moynihan. On appeal from the Superior … bright-line try-or-dismiss rule," instead continuing its commitment to a "case- by-case analysis," under the Barker … heavily but nevertheless should be considered since the ultimate responsibility for such circumstances must rest …
- STATE OF NEW JERSEY VS. JAMES A. BAILEY (13-10-1303, MERCER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted April 28, 2021 – Decided June 2, 2021 Before Judges Whipple and Rose. On appeal from the Superior … TO THE MOTION COURT THERE WOULD HAVE BEEN A DIFFERENT OUTCOME TO THE MOTION TO SUPPRESS. POINT TWO: THE FAILURE OF … alleged in the light most favorable to the defendant, will ultimately succeed on the merits. The mere raising of a …
- njcourts.gov… Submitted May 3, 2021 – Decided June 29, 2021 Before Judges Currier and DeAlmeida. NOT FOR PUBLICATION … costs on defaulted student loans than it sought in its complaints. We vacate the provisions of the orders under … regulations when it, in effect, shifted to Rutgers, and ultimately the Fund, the 28.5% contingency fee that must be …
- njcourts.gov… Submitted May 18, 2021 – Decided June 29, 2021 Before Judges Moynihan and Gummer. On appeal from the Superior … crimes for purposes of sentencing and the State would recommend a ten-year prison term, but he would ask for a … as tilting one way or the other regarding [the defendant's] ultimate sentence. Our opinion merely reaffirms that he is …
- njcourts.gov… and as an agent or employee of First Service Residential Company, Defendant-Appellant. __________________________ … INC., Defendant-Appellant. __________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … of the vote," and her counsel presented a "valid" but ultimately unsuccessful "argument as to whether the board …
- njcourts.gov… Submitted September 16, 2021 – Decided September 22, 2021 Before Judges Alvarez and Mitterhoff. On appeal from the … record. On June 29, 2020, B.A.A. filed a domestic violence complaint in Camden County against C.F.A. based upon events … where the parties lived as husband and wife. The judge ultimately vacated the TRO in favor of B.A.A., denied an FRO …
- ALEX ORTIZ VS. BOARD OF TRUSTEES, ETC. (POLICE AND FIREMEN'S RETIREMENT SYSTEM) - Unpublished Opinionsnjcourts.gov… Argued October 4, 2021 – Decided October 29, 2021 Before Judges Messano and Rose. On appeal from the Board of … testified on his own behalf, and the parties presented competing expert testimony on Ortiz's PTSD claim. The ALJ … of both experts as credible and competent, but the ALJ ultimately determined the Board's expert was more believable …
- njcourts.gov… NEW JERSEY, INC., d/b/a BANK OF NEW JERSEY, Defendants. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … accordingly to $7,500 pursuant to an updated appraisal completed in September 2019. On November 11, 2019, plaintiff … 272. The Court remanded for a plenary hearing, holding: the ultimate burden of proving arbitrariness in the choice of …
- njcourts.gov… Argued September 23, 2021 – Decided November 23, 2021 Before Judges Alvarez and Mawla. On appeal from the Superior … later found at the scene of defendant's arrest was compatible with the murder weapon. As Talley drove away, he … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22-10(b). Even if we …
- ADAM M. HABER VS. FAITH N. GERULDSEN (L-8549-19, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Argued November 8, 2021 – Decided December 3, 2021 Before Judges Sabatino and Mayer. On appeal from the Superior … Personal Injury Protection (PIP) benefits sufficient to comport with the requirements under N.J.S.A. 39:6A-4. After … litigation, and result in savings to insurance carriers and ultimately the public' by reduced premiums."). With passage …
- njcourts.gov… Argued September 29, 2021 – Decided December 20, 2021 Before Judges Whipple, Geiger, and Susswein. On appeal from … summary judgment and dismissing her personal injury complaint against defendant City of Newark (City). … cyclist lost control of her bicycle.2 Ibid. The Court ultimately held that "[e]ven when viewed in the light most …
- njcourts.gov… Argued January 3, 2022 – Decided January 21, 2022 Before Judges Accurso and Rose. On appeal from the Superior … acts. In May 2017, defendant was charged in a two-count complaint-warrant with second-degree sexual assault, … to defense counsel, the director further stated "the ultimate decision regarding PTI was not his to make." The …
- STATE OF NEW JERSEY VS. ERIC D. WILLIAMS (13-06-0804, BURLINGTON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted March 21, 2022 – Decided April 5, 2022 Before Judges Fasciale and Firko. On appeal from the Superior … considered defendant's contentions and rendered a comprehensive seventeen-page written decision, on which we … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
- njcourts.gov… Submitted March 22, 2022 – Decided April 28, 2022 Before Judges Currier and Smith. On appeal from the Superior … in the Family Part's decision. We add the following brief comments. During the bench trial on March 25, defendant, … in original) (internal quotations and citations omitted). Ultimately, the purpose of equitable distribution is "to …
- DAVID WICKENDEN VS. EVELIEN ZONNEVELD (FD-02-0935-20, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted May 16, 2022 – Decided May 26, 2022 Before Judges Sabatino and Mayer. On appeal from the Superior … and $35 in arrears. That calculation is based on a weekly income of $3,760 imputed by the court to the father. We … consent judgment all support the level of income the court ultimately imputed. The mother also casts doubt on the …