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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 …
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… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON … readily proposed a sale and demanded the price she desired, ultimately leading to a brief negotiation that produced the …
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… Argued September 27, 2023 – Decided November 27, 2023 Before Judges Gooden Brown and Puglisi. On appeal from the … to the second[-]degree crime of aggravated assault and was ultimately sentenced on a violation of probation to seven … in state prison on October [19], 2012. At the time of the commission of . . . this crime, defendant was [twenty-one] …
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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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… Argued October 11, 2023 – Decided November 1, 2023 Before Judges Whipple, Mayer and Enright. On appeal from the … In 1999, Marschall sought to sell or lease four of its commercial properties. It retained ASLLC to serve as its … concerning Haynes' role at ASLLC had no bearing on her ultimate summary judgment decision. To the extent we have …
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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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… 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 May 31, 2023 – Decided August 31, 2023 Before Judges Gilson, Rose and Messano. On appeal from the … University (NJCU) in 1982 as an associate professor in the computer science department and was promoted to a full-time … shifts throughout the process, a "[p]laintiff b[ears] the ultimate burden of demonstrating that age played a role in …
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… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON … on conditions, and it may be that even if a court could ultimately agree that the creation of a trust wasn’t …
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… Submitted September 24, 2024 – Decided October 18, 2024 Before Judges Susswein and Perez Friscia. On appeal from the … while intoxicated and placed her under arrest. She was ultimately charged with DWI, and refusal to submit to a … Division. After a de novo review, Judge Borkowski issued a comprehensive seventeen-page decision. She discerned …
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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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… APPELLATE DIVISION DOCKET NO. A-1313-22 ARIANNA HOLDING COMPANY, LLC, Plaintiff-Appellant, v. RAYMOND R. DOOHALUK … Argued November 1, 2023 – Decided November 17, 2023 Before Judges Firko and Vanek. On appeal from the Superior … Full Ins. Underwriting Ass'n, 132 N.J. 330, 334 (1993). "Ultimately, 'equitable principles' 'should . . . guide[]' a …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Police Department (MPD) notified the MCPO it received a complaint against Reck alleging misconduct in office. As … instead of proceeding through a disciplinary hearing. Ultimately, the Township and Reck negotiated a written …