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… DIVISION DOCKET NO. A-4554-16T3 DANIEL MATTOS, as Executor for the ESTATE OF CARY R. MATTOS, and DANIEL MATTOS, … 59:4-2 applies, plaintiffs did not present sufficient competent evidence that the property was in a dangerous … . . of an imminent hazard and . . . [his supervisor] would ultimately determine whether to shut off the power." Id. at …
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… Submitted September 25, 2017 - Decided Before Judges Accurso, O'Connor and Vernoia. NOT FOR … form at least as broad as the most recent edition of Commercial General Liability Coverage Form (CG 00 01) as … to an expert's opinion included in a trial brief but ultimately not called to testify, is an inconsequential flaw …
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… Argued April 18, 2018 – Decided Before Judges Koblitz and Suter. On appeal from Superior Court … order dismissing his order to show cause and verified complaint that sought to vacate an arbitration award and … pointing at the student's chest, then 'bumping' and ultimately pushing the student across the gym and 'mushing' …
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… Submitted May 1, 2018 – Decided Before Judges Sumners and Moynihan. On appeal from Superior … purpose, N.J.S.A. 2C:39-4(a). He contends the trial judge committed plain error by giving a jury charge on the … N.J. Super. 108, 119 (App. Div. 2013). Because the court ultimately gave the proper jury charge on first-degree …
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… Argued May 15, 2018 – Decided July 17, 2018 Before Judges Reisner, Hoffman, and Mayer. On appeal from … you want," and stabbed the victim. Defendant then told a companion, "let's get out of here." The landlord of the … to ask additional foundational questions. However, she ultimately declined to admit the blood test in evidence. The …
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… LEVY; MUNI KAZMIR; JOHN KALLIS, STEVE MITNICK, as Assignee For the Benefit of Creditors of Global Life Enterprises LLC, … 10, 2017 Chancery Division order denying their motion to compel arbitration in their dispute with respondents Basel … issues presented by the parties on appeal, which we will ultimately not be able to resolve, we rely upon the …
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… telephonically March 27, 2018 – Decided July 13, 2018 Before Judges Simonelli and Gooden Brown. On appeal from … After Burke ended the relationship, he filed a complaint in the Chancery Division, General Equity Part, … The deed when accepted is presumed to express the ultimate intent of the parties with regard to so much of the …
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… Submitted March 7, 2018 – Decided July 12, 2018 Before Judges Alvarez and Nugent. On appeal from Superior … child. Plaintiff has a Master's Degree in Mathematics and Computer Science and is fully employed. However, the trial … omitted). However, the fact that the court did not ultimately award alimony does not alone require a refund of …
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… v. ROBERT G. MOSS, JR., Defendant-Appellant. Submitted for April 9, 2018 – Decided Before Judges Sabatino and Rose. … Martinez for the present weapons-related offenses were ultimately dismissed. 2 Padilla was sentenced to a … . . . connected together or constituting parts of a common scheme or plan." Indeed, Rule 3:15-1(b) bars …
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… Submitted March 19, 2018 - Decided Before Judges Messano and Accurso. On appeal from Superior … brain concussion, drug effects, sleep deprivation, or any combination thereof" which "is not a matter that can be … it as inadmissible and disregard it in determining the ultimate issue of guilt or innocence). 4 State v. Kociolek, …
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… Submitted January 22, 2018 – Decided Before Judges Messano and Vernoia. On appeal from Superior … his reasonable expenses in light of his imputed income." Id. at 23. In a comprehensive written statement of … id. at 559, while here it was the central unresolved issue ultimately decided against defendant. In Quinn, 225 N.J. at …
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… Submitted February 15, 2018 – Decided Before Judges Rothstadt and Gooden Brown. On appeal from … defendant in a conversation about where he was going to and coming from before he was stopped. During the encounter, … and a package of rubber bands."2 Nonetheless, the judge ultimately held that the second search of defendant was …
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… Submitted March 20, 2018 – Decided Before Judges Hoffman and Mayer. On appeal from Superior Court … investigated the cause of her facial bruising and swelling; ultimately, they concluded she sustained a "facial … On March 23, 2015, the Division filed a verified complaint for care and supervision of Shayna, pursuant to …
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… POINTE DEVELOPMENT, LLC, a New Jersey Limited Liability Company; LIRO ARCHITECTS AND ENGINEERS WEST, PC, a New … of Thornton Tomasetti, Inc., Defendants-Respondents, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … that exceeded rebuttal of the defense experts' reports. Ultimately, the judge agreed that portions of the …
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… Submitted January 30, 2018 – Decided Before Judges Hoffman and Mayer. On appeal from Superior Court … against admission of the knife, which the trial judge ultimately rejected. 6 A-2291-16T4 On defendant's claim that … it was unlikely that Douglas "would have been more forthcoming" with details concerning the incident than he was …
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… Submitted September 28, 2017 – Decided Before Judges Haas and Gooden Brown. On appeal from Superior … Protection and Permanency (Division) filing a verified complaint and application for an order to show cause for … surplus pills. Defendant typically denied his requests but ultimately relented because his family was struggling …
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… Submitted October 12, 2017 – Decided Before Judges Haas, Rothstadt and Gooden Brown. On appeal from … of a child on an emergent basis without a court order, commonly called a "Dodd removal," is authorized by 3 … "no food[,]" and "there was a pile of trash in every room." Ultimately, with defendant's assistance, Ransome located …
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… and THERESE DUNNE as the parent and legal guardian of the incompetent CRYSTAL DUNNE, Plaintiffs, and THERESE DUNNE, … Argued January 17, 2018 – Decided Before Judges Hoffman and Mayer. On appeal from Superior Court … specific act or omission of the defendant was such that the ultimate injury to the plaintiff' reasonably flowed from …
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… Argued October 24, 2017 – Decided Before Judges Hoffman and Mayer. NOT FOR PUBLICATION WITHOUT … he walked across an intersection in Pleasantville. Tyrone ultimately died from his injuries on February 8, 2014, after … that CURE insured. On December 8, 2014, plaintiff filed a complaint in the Law Division, Atlantic County, against …
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… NOS. A-4025-15T1 A-4100-15T1 FRANKLIN MUTUAL INSURANCE COMPANY, as subrogee of M.E.S., Plaintiff-Appellant, v. … ____________________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … the bag ignited." The fire then spread to the other units. Ultimately, eight units "suffered heavy fire, smoke, …