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… Argued April 29, 2019 – Decided June 6, 2019 Before Judges Gooden Brown and Rose. On appeal from Superior … denying his motion to file and serve a second amended complaint against defendants New Jersey State Police (NJSP) … to amend are to be determined 'without consideration of the ultimate merits of the amendment,'" Notte, 185 N.J. at 501 …
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… Submitted March 4, 2019 – Decided June 3, 2019 Before Judges Haas and Mitterhoff. On appeal from Superior … TO REVIEW ALL RELEVANT DISCOVERY WITH HIM, TO CONDUCT A COMPREHENSIVE PRETRIAL PREPARATION, AND TO THOROUGHLY … in open court carry a strong presumption of verity.").2 Ultimately, the trial judge's questioning 2 Moreover, we …
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… Submitted June 4, 2019 – Decided June 21, 2019 Before Judges Hoffman and Geiger. On appeal from Superior … fist, and repeatedly threatened further violence unless she complied with his demands. The victim suffered facial … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… Argued June 4, 2019 – Decided June 25, 2019 Before Judges Messano and Rose. On appeal from the Board of … employer prohibited his return to work. We affirm. I. We commence our review with a discussion of the governing legal … an initial decision, evaluating the statutory factors and ultimately modified the Board's decision. Regarding the cell …
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… Submitted May 28, 2019 – Decided July 8, 2019 Before Judges Fasciale and Gooden Brown. On appeal from the … scene, including a jacket containing dry cleaning receipts, ultimately led to defendant's apprehension. After … ineffective for fail[ing] to argue that [the] trial court committed reversible error by failing to instruct the jury …
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… Submitted September 27, 2018 – Decided July 16, 2019 Before Judges O'Connor and Whipple. On appeal from the … II: THE JURY INSTRUCTION ON ARMED ROBBERY WAS CONFUSING, INCOMPLETE, AND INCORRECT; MOREOVER, THE CORRECTED 3 … and his cousin were subsequently stopped by the police and ultimately placed into custody that same day. 6 A-2871-16T3 …
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… Argued March 5, 2019 – Decided August 5, 2019 Before Judges Yannotti, Rothstadt and Natali. On appeal from … upon which relief can be granted. Plaintiff's class action complaint sought the vacating of judgments filed against her … 2011. The judgment outlined a repayment plan, and plaintiff ultimately paid in full. Plaintiff also had an HSBC account …
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… and ELITE TITLE GROUP, LLC, WESTCOR LAND TITLE INSURANCE COMPANY, Defendants/Cross- Respondents, and TOWNSHIP OF … Argued telephonically August 1, 2019 – Decided NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Montville refused Sharpe's request for temporary water. Ultimately, the religious organization exercised its option …
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… Submitted September 9, 2019 – Decided Before Judges Sumners and Natali. On appeal from the New … of the New Jersey Department of Corrections (DOC) that he committed prohibited act *.002, assaulting any person, and … the officers on scene called a Code 33.1 Abdur-Raheem was ultimately restrained and taken to the prison medical clinic …
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… Submitted September 24, 2019 - Decided Before Judges Accurso and Rose. On appeal from the Superior … the number of field sniffs he had performed, including any comparison of the dog's positive indications to "finds." … v. Waltz, 61 N.J. 83, 87 (1972)). That marijuana was not ultimately discovered in defendant's car despite the officer …
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… Submitted October 28, 2019 – Decided Before Judges Fasciale, Moynihan and Mitterhoff. On appeal … action, plaintiffs Heather Alper and Lucas Alper filed a complaint against defendants, alleging that Wolfson … plaintiffs withdraw their complaint. Judge Michael Blee ultimately dismissed plaintiffs' complaint due to a lack of …
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… Argued October 21, 2019 – Decided Before Judges Fasciale and Mitterhoff. On appeal from the … the obscured intersection with reasonable care and caution, commensurate with the risk involved. This duty requires the … be given consideration by them . . . in arriving at their ultimate determination[] of negligence[.]" Id. at 104. "What …
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… Submitted December 11, 2019 – Decided Before Judges Koblitz, Whipple, and Gooden Brown. On appeal … On May 26, 2016, A.R. was driving her cab in Camden. B.R. accompanied her for safety purposes. While parked, A.R.'s car … past to avoid influencing the jury. Ibid. The defendant did ultimately testify, and on appeal claimed he should have …
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… DOCKET NO. A-5716-17T1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISITION TRUST 2007-CH3, … The judge explained that because "[t]he [n]ote [was] ultimately indorsed in blank by [Chase Home]," under …
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… Submitted December 4, 2019 – Decided Before Judges Whipple and Mawla. On appeal from the Superior … replaced in 2014, and that the glass in Door 12 did not comply with applicable building codes or American National … to hazard for its students and employees," and thus, his ultimate conclusion remained unchanged. The motion judge …
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… SCHMIDT, Plaintiff-Appellant, v. ROBERT LAUB, as trustee for THE CAROL L. GLATSTIAN LIVING TRUST, derivatively on … and granting defendant's motion to dismiss plaintiff's accompanying verified complaint. Because we conclude the … of the Agreement and compensatory and punitive damages. Ultimately, the parties settled their dispute and executed a …
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… Submitted March 12, 2020 – Decided June 19, 2020 Before Judges Alvarez and Suter. On appeal from the Superior … brought under the aggravated sexual assault statute "may be commenced at any time." N.J.S.A. 2C:1-6(b)(4) provides, … was made. In any event, the change was not consequential. Ultimately, whether in loco parentis or because of a …
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… Argued telephonically May 18, 2020 – Decided July 9, 2020 Before Judges Moynihan and Mitterhoff. On appeal from the … Probable Cause that an Offense Has Been or Is Being Committed. B. There Was No Probable Cause that [Defendant] … liquor store described in the tip with the man to whom he ultimately transferred the suspected CDS. While we agree …
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… Argued telephonically May 19, 2020 – Decided July 7, 2020 Before Judges Yannotti and Hoffman. On appeal from the … 1961, the Borough of Englewood Cliffs' Planning and Zoning Commission (the Commission) granted a three-lot subdivision … of the "well-being and the welfare of individuals who will ultimately become owners and occupants in the …
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… Submitted November 12, 2019 – Decided Before Judges Rothstadt and Mitterhoff. On appeal from the … from the record. On December 15, 2016, plaintiff filed a complaint and jury demand on behalf of the estate of her … pain and discomfort and a decreased quality of life, and ultimately caused his death. 3 A-0700-18T2 At the start of …