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… Argued April 24, 2024 – Decided July 10, 2024 Before Judges Currier, Susswein and Vanek. On appeal from the … granting defendants' motion to dismiss count four of their complaint, denying plaintiffs' cross-motion for summary … goal when interpreting a statute and, generally, the best indicator of that intent is the statutory language." …
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… Argued July 10, 2023 – Decided September 5, 2023 Before Judges Haas and Natali. On appeal from the Superior … Jersey Transit Rail Operations, Inc., and dismissing his complaint for damages under the Federal Employers' Liability … door. Giving plaintiff all reasonable inferences, at best, he explained the circumstances of his injury, and the …
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… Defendant-Respondent. _________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Three charged defendants with first-degree conspiracy to commit murder, N.J.S.A. 2C:5- 2(a)(1), 2C:11-3(a)(1), and … 9 A-2620-22 counsel he [or she] believes to be best.'" State v. Hudson, 443 N.J. Super. 276, 283 (App. Div. …
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… divide mediation costs in accordance with the parties' income; and denying defendant an award of counsel fees. Among … of child support, the guiding principle is the "best interests of the children."'" Dolce, 383 N.J. Super. at … defendant's requests for counsel fees. The judge should revisit those rulings once a determination is made regarding …
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… Argued March 1, 2023 – Decided June 2, 2023 Before Judges Mayer and Bishop-Thompson. On appeal from the … to Rule 1:4-8. We affirm. I. The underlying facts are not complex. In November 2009, plaintiff, a contractor and … was, at worst, willfully untruthful with the [c]ourt, or at best did not provide a truthful complete picture about the …
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… of extortion and one count of attempt and conspiracy to commit mail fraud, for which he served a twenty-seven-month … 2A:34-23(h) and involves a three-step process. Thieme v. Aucoin-Thieme, 227 N.J. 269, 284, 284 n.4 (2016). The court … Petersen v. Petersen, 85 N.J. 638, 643 n.2 (1981)). This is best effectuated "by evaluating the facts and evidence …
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… Submitted February 6, 2024 – Decided April 3, 2024 Before Judges Haas and Natali. On appeal from the Superior … the judge erred by: (1) under-calculating the amount of income imputed to plaintiff and thereby ascribing an incorrect … but the details of the account are not entirely clear. As best we can discern, the trust appears to have been funded …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … Arthur may have said this more in jest than in fact. At best, this testimony suggested that Arthur had a Will and … mentioned above. This strikes the court as more than just a coincidence. Although it would have been better – to avoid …
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… Argued February 27, 2025 – Decided March 17, 2025 Before Judges Natali and Vinci. NOT FOR PUBLICATION WITHOUT … individuals received mail at 132 Tuers, and a Motor Vehicle Commission inquiry showed five individuals potentially … The diagrams were not "exactly to scale" but "were the best that [they] could do graphically." The court noted the …
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… Submitted July 9, 2024 – Decided July 17, 2024 Before Judges Natali and Paganelli. On appeal from the … his counsel was constitutionally ineffective for failing to communicate a plea offer and whether he was appropriately … to [defendant]'s own testimony, he colluded, or at best was complicit, with [his girlfriend] in submitting …
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… RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … briefings in which the parties advised us the outcome of that motion did not resolve the issues raised in … However, we believe that those determinations are best made on a case-by-case basis within the discretion of …
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… INC., and VIRTUAL RADIOLOGIC CORPORATION, d/b/a VRAD, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Mahalchick, an eighty-one-year-old woman with multiple comorbidities, was taken and admitted to the emergency room … application would be consistent with the goals and aims of "Best Practices"; (6) the age of the case and whether an …
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… Submitted April 30, 2024 – Decided May 23, 2024 Before Judges Sumners and Torregrossa-O'Connor. On appeal from … that "the indictment charge[d] defendant with the commission of a crime in reasonably understandable language … resolved on their merits, PRC proceedings can offer the best opportunity for ineffective assistance claims to be …
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… Argued October 29, 2024 – Decided December 11, 2024 Before Judges Firko and Augostini. On appeal from the Superior … further explained that after observing the pedestrians "coming onto the set," the officers approached the four males … 609 (2021)). We recognize that a trial court is in the best position to "have the 'feel' of the case", so we do not …
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… Argued May 30, 2019 – Decided July 22, 2019 Before Judges Accurso, Vernoia and Moynihan. On appeal from … standing in their yard for weeks on end. Plaintiffs complained about the water inundating their property to … of liability, see N.J.S.A. 2A:15-5.1 to -5.4; Kubert v. Best, 432 14 A-5143-17T1 N.J. Super. 495, 508-09 (App. Div. …
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… of Proceeding Pro Se.'" Despite defendant's failure to comply with the motion-filing requirements of the Rules of … right to counsel." We recognize the trial court is "in the best position to evaluate defendant's understanding of what … Wanczyk,1 we established the universally accepted prerequisites to the admission of testimony regarding dog tracking: …
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… Argued May 6, 2019 – Decided August 7, 2019 Before Judges Sabatino and Sumners. On appeal from the … vacate his guilty pleas. That being said, for the sake of completeness, we conclude the record does not support his … search was not with knowing consent and instead was, "[a]t best . . . permitted in submission to authority"). …
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… children and others, defendant alleged plaintiff had become engaged and resigned from her teaching position; was … motion, arguing that termination of her alimony was, "at best, premature." Plaintiff admitted she had resigned from … countered that plaintiff had offered no justification to revisit alimony or child support. Defendant opposed oral …
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… Argued May 22, 2019 – Decided July 29, 2019 Before Judges Accurso, Vernoia and Moynihan. On appeal from … kind of device but I can see parallel scratches – is the best way I can describe it, and it does not appear that a … 97 N.J. at 208); see N.J.R.E. 702. Matters "within the competence of the jury" are for the collective wisdom of the …
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… Submitted March 8, 2018 – Decided July 12, 2018 Before Judges Haas and Gooden Brown. On appeal from Superior … denied, juvenile Z.M., born in June 2000, pled guilty to committing acts of delinquency which, if committed by an … AND THE INFORMATION CONNECTING HIM TO A GUN WAS TENUOUS AT BEST, THE POLICE HAD NO OBJECTIVELY REASONABLE BASIS TO …