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… Submitted January 19, 2021 – Decided February 17, 2021 Before Judges Fasciale and Rothstadt. On appeal from the … an argument that the trial judge did not adequately cure comments by the prosecutor that "portrayed the defendant and … [a]ssessing IAC claims involves matters of fact, but the ultimate determination is one of law." State v. Harris, 181 …
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… Submitted February 26, 2020 – Decided February 11, 2021 Before Judges Fuentes, Mayer and Enright. On appeal from the … defendant whittled down plaintiff's original ten-count complaint to two counts: defamation/slander (count one) and … and findings of fact and then substitute her own. Ultimately, the jury's "feel of the case" controls the …
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… Submitted January 12, 2021 – Decided Before Judges Haas and Natali. On appeal from the Superior … Vasquez, but then "spun right in front of [him, and began] coming straight in [his] direction, coming quick." Because … 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 December 16, 2020 – Decided Before Judges Rose and Firko. On appeal from the Superior … from a September 27, 2019 Law Division order dismissing her complaint and entering judgment in favor of defendant Auto … the exhibits. There is no evidence regarding what price it ultimately sold at. The trial court found plaintiff was not …
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… Submitted October 15, 2020 – Decided Before Judges Ostrer and Accurso. On appeal from the Superior … challenges his conviction of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5–2, N.J.S.A. 2C:15–1(a), and … argument for a change in the law, even if that argument ultimately succeeds in another case. See Bullock v. Carver, …
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… Defendant-Appellant. Submitted October 7, 2020 – Decided Before Judges Alvarez and Sumners. On appeal from the Superior … to defendant. The Law Division judge issued a thorough, comprehensive, and cogent opinion denying defendant's … reduction from the forty years first imposed. We leave that ultimate decision to the judge's discretion. A court can …
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… Argued November 5, 2020 – Decided Before Judges Fuentes, Whipple and Firko. On appeal from the … IN DENYING THE MISTRIAL MOTION BECAUSE OFFICER WILSON'S COMMENT THAT [W.B.] WAS RECENTLY IN JAIL WAS SO PREJUDICIAL … here in court regarding two specific things (1) that ultimate question, right, for the burglary charge, did the …
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… Argued March 15, 2021 – Decided April 9, 2021 Before Judges Mayer and Susswein. On appeal from the Superior … was held by a family corporation, to a limited liability company wholly owned by Bharat. The circumstances leading to … negotiated between Bharat and the Administrator. Ultimately, they agreed upon a $4 million sale price for the …
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… d/b/a CHRISTIANA TRUST, not individually but as a trustee for PRETIUM MORTGAGE ACQUISITION TRUST, … not cure his default, and on March 26, 2015, NRZ filed a complaint in foreclosure. Although defendant was served with … which was granted on February 8, 2019. The Sheriff's sale ultimately was rescheduled for April 2, 2019, and on April …
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… Argued February 26, 2021 – Decided March 18, 2021 Before Judges Mayer and Susswein. On appeal from the Superior … Livingston Mall Venture (LMV) dismissing his complaint in lieu of prerogative writs in its entirety. We … parties and these parties are in fact 11 A-2097-19 its ultimate beneficiaries." Gallo v. Mayor & Twp. Council of …
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… APPELLATE DIVISION DOCKET NO. A-2842-19 FRANK'S REALTY COMPANY, Plaintiff-Appellant, v. ZONING BOARD OF ADJUSTMENT … Submitted January 19, 2021 – Decided March 17, 2021 Before Judges Messano and Hoffman. On appeal from the Superior … sale of plaintiff's property to Village. Those negotiations ultimately failed. On March 18, 2019, Village submitted an …
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… Submitted November 12, 2019 – Decided Before Judges Rothstadt and Mitterhoff. On appeal from the … from the record. On December 15, 2016, plaintiff filed a complaint and jury demand on behalf of the estate of her … pain and discomfort and a decreased quality of life, and ultimately caused his death. 3 A-0700-18T2 At the start of …
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… Argued telephonically May 18, 2020 – Decided July 9, 2020 Before Judges Moynihan and Mitterhoff. On appeal from the … Probable Cause that an Offense Has Been or Is Being Committed. B. There Was No Probable Cause that [Defendant] … liquor store described in the tip with the man to whom he ultimately transferred the suspected CDS. While we agree …
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… Argued telephonically May 19, 2020 – Decided July 7, 2020 Before Judges Yannotti and Hoffman. On appeal from the … 1961, the Borough of Englewood Cliffs' Planning and Zoning Commission (the Commission) granted a three-lot subdivision … of the "well-being and the welfare of individuals who will ultimately become owners and occupants in the …
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… Argued June 1, 2021 – Decided September 7, 2021 Before Judges Messano and Hoffman. On appeal from the … of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2019-671. Mark T. … planning board meetings before approval issued. Saker ultimately repaved the front parking lot after petitioner's …
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… Argued January 27, 2022 – Decided February 4, 2022 Before Judges Alvarez, Haas, and Mawla. On appeal from the … Id. at 12 n.1. In due course, plaintiff filed a palimony complaint, which was dismissed because the Family Part judge … a common surname. We intend no disrespect. 3 A-2898-19 Ultimately, the Family Part judge found plaintiff was …
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… SCHMIDT, Plaintiff-Appellant, v. ROBERT LAUB, as trustee for THE CAROL L. GLATSTIAN LIVING TRUST, derivatively on … and granting defendant's motion to dismiss plaintiff's accompanying verified complaint. Because we conclude the … of the Agreement and compensatory and punitive damages. Ultimately, the parties settled their dispute and executed a …
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… Submitted December 11, 2019 – Decided Before Judges Koblitz, Whipple, and Gooden Brown. On appeal … On May 26, 2016, A.R. was driving her cab in Camden. B.R. accompanied her for safety purposes. While parked, A.R.'s car … past to avoid influencing the jury. Ibid. The defendant did ultimately testify, and on appeal claimed he should have …
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… DOCKET NO. A-5716-17T1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISITION TRUST 2007-CH3, … The judge explained that because "[t]he [n]ote [was] ultimately indorsed in blank by [Chase Home]," under …
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… Submitted December 4, 2019 – Decided Before Judges Whipple and Mawla. On appeal from the Superior … replaced in 2014, and that the glass in Door 12 did not comply with applicable building codes or American National … to hazard for its students and employees," and thus, his ultimate conclusion remained unchanged. The motion judge …