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… Submitted May 28, 2024 – Decided June 4, 2024 Before Judges Sabatino and Mawla. On appeal from the Superior … plaintiff The Moirai Group, Ltd. summary judgment on its complaint for specific performance of a real property … which was later vacated, had something to do with the ultimate outcome of their case lacks merit. "A judge may …
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… Submitted January 9, 2024 – Decided June 17, 2024 Before Judges Sumners and Perez Friscia. On appeal from the … Greene was found guilty of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(1) and 15- 1(a)(1), but … to the judge's decision to charge threat of force, it is ultimately a judge's responsibility to convey the law …
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… AHMED, Plaintiff-Appellant, v. AMERICAN SECURITY INSURANCE COMPANY, Defendant-Respondent, and CITY OF PATERSON, … Submitted April 23, 2024 – Decided May 13, 2024 Before Judges Sumners and Perez Friscia. On appeal from the … proffered contractors shall be qualified as experts or the ultimate result, but conclude plaintiff made a sufficient …
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… Submitted February 12, 2024 – Decided March 12, 2024 Before Judges Marczyk and Chase. On appeal from the Superior … constitutionally ineffective because he failed to properly communicate the plea offers during his trial. Based on our … understood it. [It] didn't say whether it was discussed." Ultimately, the PCR court determined defendant's trial …
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… of a March 9, 2020 order and dismissing their complaint against defendant CFG Health Systems, Inc. The … foreign material resulted in a perforated gastric ulcer and ultimately sepsis. Plaintiffs filed their complaint on July … with the law. Given the liberty our trial courts have to revisit an interlocutory order in the interest of justice, we …
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… Submitted January 17, 2024 – Decided February 15, 2024 Before Judges Rose and Perez Friscia. On appeal from the … of her autoimmune sequela, Thomas requested a work accommodation for "an area without direct exposure to air … her OSHA complaint was irrelevant; and the DOC's ultimate decision to move her to the Unit was significant. …
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… Submitted December 12, 2023 – Decided December 20, 2023 Before Judges Haas and Natali. On appeal from the Division of Workers' Compensation, Department of Labor and Workforce Development, … for a CT-guided selective nerve root block at T7-T8. Smith ultimately underwent five procedures on his back between May …
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… Argued December 5, 2023 – Decided January 3, 2024 Before Judges Whipple, Mayer and Paganelli. On appeal from the … would again count the keys after the drivers returned. Ultimately, the fleet coordinator was responsible for … individuals and corporations. Plaintiffs amended their complaint to add Cornucopia as a defendant, clarifying its …
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… Submitted December 19, 2023 – Decided January 3, 2024 Before Judges Smith and Perez Friscia. On appeal from the … Defendant argues the Family Part judge erred in finding he committed the predicate act of harassment based on an … custody of P.T. and had a parenting schedule. The judge ultimately determined the FRO was necessary to prevent the …
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… Argued October 31, 2023 – Decided December 15, 2023 Before Judges Whipple, Mayer and Paganelli. On appeal from the … POINT II: THE TRIAL COURT ERRED IN FAILING TO ORDER A COMPETENCY HEARING IN LIGHT OF THE SUBSTANTIAL EVIDENCE … 229 N.J. 118, 128 (2017). The trial court also makes the ultimate determination as to a defendant's competency, and …
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… Submitted September 20, 2023 – Decided December 8, 2023 Before Judges Vernoia and Gummer. On appeal from the Board of … but incorrect about the date. Petitioner's retirement had become due and payable on October 31, 2019. In a December 1, … that the decision about which retirement type to request ultimately was "up to [her]." Instead of making those …
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… Argued November 14, 2023 – Decided December 11, 2023 Before Judges Smith and Perez Friscia. On appeal from the Division of Workers' Compensation, Department of Labor and Workforce Development, … observe "hearsay evidence need not be excluded," but "the ultimate award must be based on legally competent evidence." …
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… Argued November 15, 2023 – Decided December 7, 2023 Before Judges Currier and Firko. On appeal from the Superior … his motion for return of his property—an Apple laptop computer seized from his residence. He 1 We follow the … probable cause to search M.G.'s residence, which ultimately led to the seizure of his laptop. The search …
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… Argued May 8, 2023 – Decided October 31, 2023 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … disease. He advised her that the father of the baby could come to the office and have his blood drawn for the test[;] … Gwinnell, 96 N.J. 538, 544 (1984). Whether a duty exists is ultimately a question of public policy and fairness. Reed v. …
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… Submitted October 12, 2023 – Decided November 2, 2023 Before Judges Firko and Susswein. On appeal from the Board of … A-1408-21 inmate was charged with the murder of two people. Ultimately, the inmate was down on the floor and Hart … Filippone watched the video of the incident and had Hart complete an accidental disability form where he …
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… Submitted October 16, 2023 – Decided September 6, 2024 Before Judges Gilson and DeAlmeida. On appeal from the … City of Perth Amboy and dismissing with prejudice Baratta's complaint alleging that the city retaliated against him for … designation. Baratta acknowledges that all of the summonses ultimately were dismissed by the municipal court without the …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0962-21 STATE-COMM, LLC, Plaintiff-Appellant, v. AXIS INSURANCE COMPANY, … Argued December 5, 2022 – Decided July 12, 2023 Before Judges Whipple, Smith and Marczyk. On appeal from the … maintained the Commerce Street property. State-Comm ultimately settled with the plaintiffs for $1.5 million, the …
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… Submitted September 24, 2024 – Decided October 9, 2024 Before Judges Firko and Augostini. On appeal from the Superior … $215.00 per month. On October 30, 2019, plaintiff filed a complaint in the Special Civil Part against defendant for … of execution. However, the judgment remained unsatisfied. Ultimately, on March 2, 2023, defendant's condominium unit …
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… Submitted September 17, 2024 – Decided October 21, 2024 Before Judges Gilson and Bishop-Thompson. On appeal from the … 16-04-1216. Jennifer N. Sellitti, Public Defender, attorney for appellant (John J. Bannan, Designated Counsel, on the … because the judge who had overseen the trial had retired. Ultimately, the second judge found that there was sufficient …
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… Argued October 9, 2024 – Decided October 21, 2024 Before Judges Gooden Brown and Chase. On appeal from the … then travelled onto eastbound 179th Street and into oncoming traffic. 1 Barker v. Wingo, 407 U.S. 514 (1972). 3 … of one or some of the factors is not conclusive of the ultimate determination of whether the right has been …