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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 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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… Argued June 7, 2023 – Decided June 20, 2023 Before Judges Mayer and Enright. On appeal from the Superior … grossing $143,000 annually and defendant having no earned income. Pursuant to the JOD, the parties agreed defendant had … opinions, oral decisions, . . . or reasons given for the ultimate conclusion." (quoting Do-Wop Corp. v. City of …
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… Submitted April 25, 2023 – Decided June 26, 2023 Before Judges Sumners and Berdote Byrne. On appeal from the … as she was earning $115,000 per year. Defendant's gross income was $48,000. Since then, defendant has become the … lifestyle of the parent. Isaacson, 348 N.J. Super. at 582. Ultimately, once the basic needs of the children are …
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… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON … and consider whether the order’s perpetuation serves the ultimate goal of the fair and efficient administration of …
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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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… 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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… 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 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 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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… 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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… Argued April 25, 2023 – Decided May 18, 2023 Before Judges Gilson and Rose. On appeal from the Superior … aggravating factor three, N.J.S.A. 2C:44-1(a)(3) (risk of committing 3 A-2188-21 another offense), and mitigating … to, she's making herself a better person because when she's ultimately up for parole, she will be able to tell the …
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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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… 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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… Argued October 23, 2024 – Decided November 19, 2024 Before Judges Rose and Puglisi. On appeal from the Superior … his parents in the April 2017 sale of their home. The complaint also asserted a legal malpractice claim against … to a non-client is "necessarily fact-dependent"). The ultimate question is one of fairness. Innes v. …
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… Submitted November 7, 2024 – Decided November 20, 2024 Before Judges Natali and Vinci. On appeal from the Superior … instructions, the officers drove to a nearby apartment complex, where they saw a man wearing dark clothing, … demonstrate a reasonable likelihood that [their] claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… Submitted October 17, 2024 – Decided November 22, 2024 Before Judges Currier and Torregrossa-O'Connor. On appeal from … 2 A-0380-23 modification of child support, imputing income to defendant in the amount of $125,000 annually. … determine defendant's income and accuracy of his CIS, but ultimately calculated and imputed income to defendant …
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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 …