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… Submitted March 19, 2018 – Decided Before Judges Messano and Vernoia. On appeal from Superior … the factors outlined in section (b)(2) of the Rule, and ultimately decided the probative value of J.W.'s 1996 … at 234. Defendant's argument in Point II, however, involves comments by the assistant prosecutor in summation that, at …
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… Argued February 13, 2018 – Decided Before Judges Fisher and Moynihan. On appeal from Superior … conclusions on issues of law. Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Applying these … fashion, recognizing that '[w]hether a duty exists is ultimately a question of fairness.'" Weinberg v. Dinger, 106 …
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… Submitted April 9, 2019 – Decided April 24, 2019 Before Judges Fisher and Suter. On appeal from Superior Court … on the brief). PER CURIAM Plaintiff Ada Caballero filed a complaint against her former employer, defendant Cablevision … removal as an eligible dependent. Cablevision may ultimately persuade a factfinder that plaintiff should have …
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… Submitted February 7, 2018 – Decided March 12, 2019 Before Judges Fuentes and Suter. On appeal from Superior Court … unlawful possession of a handgun while in the course of committing or attempting to commit a drug-related offense, … [c]ourt to make a better determination of whether it was ultimately a trial strategy not to pursue the motion to …
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… Submitted November 14, 2018 – Decided Before Judges Ostrer and Currier. On appeal from Superior … defendant began the test before the instructions were completed, took an incorrect number of steps , could not … into the machine. Defendant agreed to do so verbally, but ultimately never provided a breath sample. Schulhafer then …
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… Argued March 18, 2019 – Decided April 8, 2019 Before Judges Gooden Brown and Rose. On appeal from Superior … decision, and determined the stop was justified. The judge ultimately found the pat down of defendant was permissible … is unclear from the record whether Sloan was privy to that communication. However, Sloan testified that his "initial …
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… Argued March 13, 2019 – Decided April 2, 2019 Before Judges Fuentes, Accurso and Vernoia. On appeal from … 9-1-1, and police responded to the scene. Plaintiff filed a complaint, alleging defendant engaged in domestic violence … adequate notice of the allegation upon which the FRO was ultimately founded. J.D., 207 N.J. at 480. Instead, after …
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… Argued December 6, 2018 – Decided April 1, 2019 Before Judges Simonelli, Whipple and DeAlmeida. On appeal from … for injury and discovered a significant amount of blood coming from the left side of his scrotum, on which a blood … acted with substantial certainty of the risk of injury ultimately suffered by Johns. Wengerter produced evidence …
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… Argued March 4, 2019 – Decided March 28, 2019 Before Judges Messano and Rose. On appeal from the Board of … and walked to work. Because jobs were assigned on a first-come, first-served basis, claimant typically arrived at 5:00 … then applied for unemployment benefits. Although claimant ultimately qualified for benefits for that claim, his …
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… Argued May 22, 2019 – Decided July 31, 2019 Before Judges Accurso, Vernoia and Moynihan. On appeal from … not memorialize its findings or conclusions. Swan filed a complaint in lieu of prerogative writs and an order to show … informal written decisions, or reasons given for the ultimate conclusion."), and based on the settled law, we …
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… Plaintiff-Appellant, v. CUMBERLAND MUTUAL FIRE INSURANCE COMPANY, Defendant-Respondent. … Submitted December 8, 2016 – Decided Before Judges O'Connor and Whipple. On appeal from Superior … about the overall replacement cost value, plaintiff ultimately signed a "Sworn Statement in Proof of Loss" …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2133-15T4 COMMUNITY FIRE AND WATER DAMAGE RESTORATION, LLC and CHRIS … Argued April 25, 2017 – Decided NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … for counsel with respect to each directed verdict and then ultimately a summation, [counsel agreed to] make their …
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… Submitted May 10, 2017 – Decided Before Judges Simonelli and Gooden Brown. On appeal from … situation, Lavin ordered R.C. to go upstairs. After R.C. complied, defendant opened the door all the way, at which … in the context of the entire charge did not lead to an "ultimate determination of guilt or innocence . . . based on …
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… telephonically May 24, 2017 – Decided September 18, 2017 Before Judges O'Connor and Whipple. On appeal from Superior … is limited. R.1:36-3. A-4292-15T1 2 denying his motion to compel defendant Kathleen M. Kellers to contribute toward … such debt from the net sale proceeds of their home, which ultimately sold in December 2015. At the time of the sale, …
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… Argued February 15, 2017 – Decided Before Judges Fuentes, Simonelli and Carroll. On appeal from … requires bidders to: Acknowledge any past or pending civil complaints, complaints to the Better Business Bureau, … are well settled; and that the reasonable likelihood of ultimate success on the merits, and the balance of hardships …
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… Cross-Appellant, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellant/ Cross-Respondent. … Argued April 4, 2017 – Decided Before Judges Reisner and Sumners. On appeal from Superior … money and give it to [Thermocare]. . . . But that's not the ultimate deciding point. The point is there [were] certain …
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… Submitted June 21, 2017 – Decided Before Judges Fuentes and Koblitz. On appeal from Superior … PTI Director in the Criminal Division Manager's Office recommended that defendant's application be denied because his … judge who decided defendant's appeal in the Criminal Part ultimately accepted the State's position. The judge …
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… Argued April 6, 2017 – Decided June 14, 2017 Before Judges O'Connor and Whipple. On appeal from Superior … defendants have not paid the judgment, plaintiffs sought to compel Filipe Pedroso, as principal of Pedroso Law Firm, … Services, L.L.C. Louro, supra, No. A-2599-13. We stated the ultimate jury verdict for unpaid rent "was only against the …
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… Submitted March 30, 2017 – Decided Before Judges Hoffman and Whipple. On appeal from New Jersey Civil Service Commission, Docket No. 2015-1813. Fusco & Macaluso Partners, … to prove the prima facie case for retaliation because she ultimately attended the forum. On December 12, 2014, CPM …
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… Argued September 14, 2017 – Decided Before Judges Simonelli, Haas and Rothstadt. On appeal from … informant when it was discovered that he was continuing to commit crimes in New Jersey. The prosecutor's letter also … review to the federal courts), as that court remained the ultimate authority as to whether Homeland Security –— a …