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… Argued August 29, 2018 – Decided October 3, 2018 Before Judges Alvarez and Gooden Brown. On appeal from … in the indictment at sentencing, the State agreed to recommend 3 A-1592-16T4 a non-custodial probationary … [State v. O'Neil, 219 N.J. 598, 611 (2014) (alteration in original) (quoting Strickland, 466 U.S. at 687-88, 694 and …
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… Argued October 11, 2018 – Decided October 31, 2018 Before Judges Nugent and Mawla. On appeal from Superior Court … software revealed the discrepancy. As a result, a complaint-summons charged defendant with knowingly … abuse of . . . discretion.'" Id. at 624-25 (alteration in original) (quoting Wallace, 146 N.J. at 582). To establish a …
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… Submitted May 14, 2018 – Decided July 31, 2018 Before Judges Ostrer and Whipple. On appeal from Superior … charges and assessments. On July 6, 2015, plaintiff filed a complaint alleging: (1) violations of the Fair Debt … Lastly, he disagreed with the court's denial of his original motion to hold defendant in contempt. On January …
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… DOCKET NO. A-3491-16T3 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF HSI ASSET SECURITIZATION CORP. TRUST … Submitted February 28, 2018 – Decided Before Judges Currier and Geiger. On Appeal from Superior … of the adjourned sales, with the possible exception of the original adjournment to November 17, 2015.2 On February 2, …
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… Argued December 19, 2017 – Decided Before Judges Hoffman, Gilson and Mayer. On appeal from … inches." He listed his source as a report entitled "Comparative Anthropometry of the Hand." Defendant contends … evidence or other data.'" Id. at 53-54 (alteration in original) (quoting Polzo, 196 N.J. at 583). Therefore, …
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… Submitted December 19, 2017 – Decided Before Judges Leone and Mawla. On appeal from Superior Court … the trial judge re-read the jury charge on possession originally given to the jury and added an instruction on … as to the matter in which the alleged offense was . . . committed, and the number of parties who participated. In …
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… Argued December 12, 2017 – Decided Before Judges Gilson and Mayer. On appeal from Superior Court … unsuccessful. Consequently, on April 20, 2015, the parties commenced arbitration before the same individual. The next … the judge deemed such issues were not subject to the original arbitration order and, therefore, were not part of …
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… Argued November 27, 2017 – Decided Before Judges Accurso and O'Connor. On appeal from Superior … the essential facts are undisputed. The properties were originally part of a single, seven-acre parcel owned by the … dwellings and garages. The lots share a driveway, which comes off Old Freehold Road to the south of lot 10.02 and …
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… Submitted November 16, 2017 – Decided Before Judges Simonelli and Haas. On appeal from Superior … shape" and Livingstone was trying to restore it to its original state and make it livable. Because Livingstone had … the judge concluded that these badges of fraud did not compel a finding of fraudulent transfer. After rendering his …
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… DIVISION DOCKET NO. A-0759-17T5 IN THE MATTER OF THE CIVIL COMMITMENT OF E.D., SVP-075-00. … Argued March 22, 2018 – Decided June 21, 2018 Before Judges Haas and Gooden Brown. On appeal from Superior … prior criminal history or the events that followed his original admission to the STU in 2000. They are recounted at …
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… Argued May 10, 2018 – Decided June 20, 2018 Before Judges Rothstadt and Gooden Brown. On appeal from the … when Delgado left a meeting with his supervisor and the company's vice president to discuss his job performance. … to present their objections." Id. at 583 (alterations in original) (quoting Mullane v. Cent. Hanover Bank & Trust …
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… Submitted April 9, 2018 – Decided Before Judges O'Connor and Vernoia. On appeal from Superior … N.J. 391, 419 (2004) (citing Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995)). The de novo … v. Nuñez-Valdéz, 200 N.J. 129, 139 (2009) (alteration in original) (quoting State v. DiFrisco, 137 N.J. 434, 457 …
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… DOCKET NO. A-3416-16T2 U.S. BANK TRUST, N.A., as Trustee for LSF9 Master Participation Trust, Plaintiff-Respondent, … on September 20, 2013.1 Plaintiff filed a foreclosure complaint on December 4, 2015, and on February 8, 2016, … including all records acquired by Caliber from the loan origination file. Significantly, he also certified that he …
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… Argued April 10, 2019 — Decided May 1, 2019 Before Judges Alvarez and Mawla. On appeal from Superior Court … State v. Adams, 194 N.J. 186, 207 (2008) (alteration in original) (quoting State v. Jordan, 147 N.J. 409, 422 … 1. That . . . defendant or defendants were in the course of committing a theft; 2. While in the course of committing …
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… Submitted October 17, 2018 – Decided April 22, 2019 Before Judges Ostrer and Currier. On appeal from Superior … dismissed count two, charging second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a) and N.J.S.A. 2C:15-1(a). … 293, 314–15 (2006) (citation omitted) (alteration in the original). A defendant has a high bar to meet to "overcome …
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… Argued October 18, 2018 – Decided March 18, 2019 Before Judges Simonelli, O'Connor and DeAlmeida. On appeal … of a tree planted pursuant to the City of Linden Shade Tree Commission planting program, or (b) work performed by City … on the property of another.'" Id. at 449-50 (alteration in original) A-4433-16T2 11 (quoting Farias v. Twp. of …
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… JERSEY, in his official capacity, MARCUS O. HICKS, ACTING COMMISSIONER OF THE NEW JERSEY DEPARTMENT OF CORRECTIONS, in … Argued February 4, 2019 – Decided March 18, 2019 Before Judges Messano, Fasciale and Gooden Brown. 1 Names of … N. Am. v. Gandi, 184 N.J. 161, 165 (2005) (alteration in original) (quoting Lieberman v. Port Auth. of N.Y. & N.J., …
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… Argued February 25, 2019 – Decided March 11, 2019 Before Judges Sabatino and Haas. On appeal from Superior Court … defendant executed a $521,977 note and mortgage to the original lender, American Neighborhood Mortgage Company, LLC. On September 8, 2014, the mortgage was …
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… Submitted February 25, 2019 – Decided June 27, 2019 Before Judges Haas and Sumners. On appeal from the Superior … colloquy and sentencing, neither defendant nor the State commented on the expungement of any convictions. Defendant … 8 A-5113-16T3 "believed" the messages and/or Facebook posts originated from defendant; and (6) defendant's statutory …
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… Argued May 1, 2019 – Decided May 23, 2019 Before Judges Koblitz, Currier, and Mayer. On appeal from … cause to vacate an arbitration award, and dismissing its complaint. Because plaintiff has not demonstrated any of the … PBA Local 275, 213 N.J. 190, 201 (2013) (alteration in original) (citation omitted). We apply "an extremely …