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… Submitted May 19, 2025 – Decided June 10, 2025 Before Judges Jacobs and Jablonski. On appeal from the … aggravated sexual assault, second- degree conspiracy to commit aggravated assault, and several third- and fourth- … light most favorable to the defendant, will 10 A-2136-23 ultimately succeed on the merits." R. 3:22-10(b). Defendant …
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… Submitted March 19, 2025 – Decided May 20, 2025 Before Judges Currier and Marczyk. On appeal from the Superior … contract, specifically: "[I]f [b]uyer has not obtained the commitment, then either [b]uyer or [s]eller may void this … to a third party so long as a financing option was ultimately provided to plaintiffs, which it was. Second, …
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… Submitted January 15, 2025 – Decided April 25, 2025 Before Judges DeAlmeida and Puglisi. On appeal from the … the video's frame. Seconds later, the suspect is seen coming back into the video frame and entering the house 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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… AL MORGAN, Mayor of the Borough of New Providence, BOROUGH COMMITTEE OF THE BOROUGH OF NEW PROVIDENCE, THERESA GAZAWAY, … Argued March 27, 2025 – Decided April 2, 2025 Before Judges Mawla, Natali, and Vinci. On appeal from the … Collateral estoppel means "simply that when an issue of ultimate fact has once been determined by a valid and final …
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… Submitted November 12, 2024 – Decided March 31, 2025 Before Judges Gummer and Jacobs. On appeal from the Superior … Article 23 of the CNA, an aggrieved employee's failure to comply with the imposed time limits for any of the three … to follow and requirements plaintiff failed to fulfill. Ultimately, it was not error for the motion court to deny …
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… Submitted December 18, 2024 – Decided March 26, 2025 Before Judges Mayer and Puglisi. On appeal from the Superior … (collectively , defendants) and dismissing plaintiffs' complaint with prejudice. We affirm. I. In 2017, Holtec's … purchase property, and build luxury homes. Although ultimately the acquisition of Enders Construction did not …
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… Argued March 11, 2025 – Decided March 20, 2025 Before Judges Gooden Brown and Chase. On appeal from the … of one or some of the factors is not conclusive of the ultimate determination of whether the right has been … "'[t]he New Jersey judiciary is, as a matter of policy, committed to the quick and thorough resolution of DWI …
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… Argued February 26, 2025 – Decided March 19, 2025 Before Judges Mayer, DeAlmeida and Puglisi. On appeal from an … documented the 2 The superseding indictment alleged Ryan committed the sex offenses on March 29, 2021, but the … with various family and friends of [Kim], although ultimately that may be left to a question for the jury to …
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… Submitted May 7, 2024 – Decided May 31, 2024 Before Judges Rose and Smith. On appeal from the Superior … we vacated the dismissal of plaintiff's domestic violence complaint, reinstated temporary restraints, and ordered a … award for the proceedings that occurred before plaintiff ultimately was issued final restraints. We conclude the fees …
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… Submitted May 14, 2024 – Decided May 28, 2024 Before Judges Rose and Perez Friscia. On appeal from the … the firm. In February 2023, plaintiff filed a one-count complaint seeking $9,666.34 and costs for legal services … in original) (quoting Cohen, 275 N.J. Super. at 259). "Ultimately, '[an] attorney bears the burden of establishing …
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… Submitted December 20, 2023 – Decided May 30, 2024 Before Judges Accurso and Walcott-Henderson. On appeal from … to a pickup number. Zielinski also testified that seals are common in the industry and are not to be broken under any … regarding the admissibility of expert testimony, the judge ultimately found that plaintiff was required to establish …
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… Argued May 24, 2024 – Decided June 7, 2024 Before Judges Smith and Perez Friscia. On appeal from the … the public school system "shall be dismissed or reduced in compensation . . . except for inefficiency, incapacity, … Board. Under N.J.S.A. 18A:6-17.2(d), the Board bears the "ultimate burden of demonstrating to the arbitrator that the …
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… Submitted April 15, 2024 – Decided May 17, 2024 Before Judges Gilson, Bishop-Thompson, and Jacobs. On appeal … that any future conveyance of the aforesaid property commonly known and designated as 771 Allison Court, … in a cash transaction and an LLC would be formed. He ultimately purchased the Property for $760,000, and 771 …
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… Argued May 6, 2024 – Decided May 20, 2024 Before Judges Sabatino and Vinci. On appeal from the Superior … provided a person "is guilty of sexual assault if he commits an act of sexual penetration with another person . . … a reasonable likelihood that his . . . claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… Argued April 29, 2024 – Decided May 9, 2024 Before Judges Mawla, Chase, and Vinci. On appeal from the … ran the driver's information through his troop car's computer database to ensure the vehicle was properly … N.J. 482, 489 (2019). As it is clear that visibility is the ultimate objective of the statute, we see no basis to …
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… Plaintiff-Appellant, v. THE ESTATE OF JOHN R. COLACCI, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … in the collision.2 In July 2019, John filed a third-party complaint against Smith in the Ferguson matter. The … to order a new jury pool on those grounds." The judge ultimately directed counsel to proceed to trial. 6 A-3138-22 …
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… Submitted January 17, 2024 – Decided April 16, 2024 Before Judges Rose and Perez Friscia. On appeal from the … 2022 Law Division order dismissing his breach of contract complaint on summary judgment. On appeal, plaintiff argues … did not modify the Agreement, as the motion judge ultimately found. Those terms prohibited modification or …
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… Argued February 27, 2024 – Decided March 19, 2024 Before Judges Whipple and Mayer. On appeal from the Superior … premature its application for satisfaction of its worker's compensation lien upon settlement of the injured employee's … 40, even though 9 A-1194-22 [petitioner's] injury was ultimately non-compensable"); Pool, 400 N.J. Super. at …
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… INT'L CORP., Third-Party Defendant-Respondent. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … dispute over who controls the attorney-client privilege of communications with the law firm McCarter & English … and not stand[-]alone personal concerns of [plaintiffs]." Ultimately, the special master concluded that none of the …
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… Submitted December 4, 2023 – Decided December 20, 2023 Before Judges Mawla and Marczyk. On appeal from the Superior … Wegfahrt further testified he "detected the odor of alcohol coming off of [defendant's] breath. At the same time, his … defendant had a .03% blood alcohol content. The State ultimately dismissed the driving under the influence ("DUI") …