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… Submitted November 2, 2022 – Decided February 1, 2023 Before Judges Haas and DeAlmeida. On appeal from the Superior … use of a credit card. In exchange, the State agreed to recommend a sentence of two years of non-custodial probation … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Id. at 355 (quoting R. …
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… Submitted February 13, 2023 – Decided February 28, 2023 Before Judges DeAlmeida and Mitterhoff. On appeal from the … action regarding the matter. On December 8, 2020, ACPD IA complaint notification forms were issued to all officers … discipline, suspension[,] or removal from the department." Ultimately, the judge found that listing the statute as a …
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… Submitted September 20, 2022 – Decided October 4, 2022 Before Judges Sumners and Geiger. On appeal from the Superior … affirm. We take the following facts from the unusual and incomplete record in this matter. On September 6, 2006, Linda … to 5 A-3696-20 make payments on the loan thereafter, but ultimately fell $781.38 short of the cure amount. On August …
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… Argued April 26, 2022 – Decided October 7, 2022 Before Judges DeAlmeida and Berdote Byrne. On appeal from the … 80 (Route 80). We affirm. I. Outfront is an advertising company that owns and operates billboards. It leases a … conditional use variances it sought. The Board, however, ultimately concluded Outfront required four variances, all …
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… Argued December 20, 2022 – Decided January 9, 2023 Before Judges Messano and Paganelli. On appeal from the … of divorce (JOD) entered on June 28, incorporated a comprehensive property settlement agreement (PSA) negotiated … but claimed was not responsive, and information that Oracle ultimately required plaintiff to subpoena. "Waiver is the …
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… Argued October 12, 2023 – Decided December 18, 2023 Before Judges Gummer and Walcott-Henderson. On appeal from the … conducting a bench trial, dismissed with prejudice the complaint as to defendants 3 Gigioni Inc. (Gigioni) and … institution, subsequently presented to Friendly, and ultimately dishonored and returned to Friendly as a …
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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") …
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… Argued May 16, 2023 – Decided June 29, 2023 Before Judges Messano, Gummer and Perez-Friscia. On appeal … relevant information and documentation that needed to be completed by the applicant.1 Defendant received only one … it was used in the agency's efforts to reason through to an ultimate decision, including a decision to reject all …
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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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… Argued March 14, 2023 – Decided June 9, 2023 Before Judges Gilson and Gummer. On appeal from the Superior … to preserve the value of the Home should either parent become ill and need expensive medical care. Marcel had lived … reputable realtor on the multiple listing service. Upon the ultimate sale of the [Home], the net proceeds shall be …
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… Submitted May 15, 2023 — Decided June 12, 2023 Before Judges Whipple, Mawla, and Walcott- Henderson. On … and depositing a forged check from Cole Construction Company. Specifically, on October 2, 2018, co-defendants … and judgments and not from . . . reasons given for the ultimate conclusion." Do-Wop Corp. v. City of Rahway, 168 …
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… Argued May 9, 2023 – Decided June 26, 2023 Before Judges Gilson and Perez-Friscia. On appeal from the … a Tier Three sex offender pursuant to the registration and community notification provisions of Megan's Law, N.J.S.A. … 74 or more, high risk." T.T., 188 N.J. at 329. The State ultimately bears the burden of proving—by clear and …
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… Argued March 20, 2023 — Decided March 29, 2023 Before Judges Mawla and Marczyk. On appeal from the Superior … other cases is limited. R. 1:36-3. 2 A-3618-20 plaintiff's complaint with prejudice. Plaintiff also challenges a July … "[c]ourt did not fulfill Semple's expressed intent for the ultimate 5 A-3618-20 disposition of her property following …
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… Submitted January 18, 2023 – Decided April 6, 2023 Before Judges Messano, Gilson, and Rose. On appeal from the … agreement (the Gift Agreement), which provided that the income from the "perpetual" endowment be used for "scholarship … judge heard additional arguments from GCU's counsel. Ultimately the judge ruled that he would grant in part and …
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… Submitted March 15, 2023 – Decided April 12, 2023 Before Judges Mayer and Bishop-Thompson. On appeal from the … his trial counsel was ineffective in failing to provide complete discovery, the judge found he failed to "point to … of [him] maybe 100 times and it's just a ruse to avoid the ultimate sentence." Defendant's dissatisfaction with the …
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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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… 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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… 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 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 …