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… Argued December 2, 2020 – Decided Before Judges Fuentes, Whipple and Firko. On appeal from the … of an August 8, 2016, order dismissing her amended complaint against attorney defendants Carl D. Poplar, … and the denial of his 1 Lask did not attach orders to her original notice of appeal or case information statement but …
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… THE 1 Pursuant to R.1:38-3(d)(5) initials are continued for plaintiff to maintain confidentiality. NOT FOR … July 23, 2018, and March 15, 2019 orders dismissing his complaint for failure to state a claim and a February 23, … with four additional acts of delinquency relating to the original incident. Abromaitis signed the complaint. 5 …
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… Submitted February 1, 2021 – Decided March 24, 2021 Before Judges Currier, Gooden Brown and DeAlmeida. On appeal … Jersey, Law Division, Camden County, Docket No. L-0350-17. McOmber McOmber & Luber, PC, attorneys for appellant (R. … 230 N.J. 1, 17-18 (2017) (second and third alteration in original) (quoting Jansen v. Food Circus Supermarkets, Inc., …
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… Submitted December 7, 2020 – Decided NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … IV CONDUCT BY THE PROSECUTOR IN QUESTIONING WITNESSES AND COMMENTS HE MADE DURING SUMMATION WERE GROSSLY PREJUDICIAL … v. Cole, 229 N.J. 430, 457 (2017) (first alteration in original) (quoting Frost, 158 N.J. at 82). They can "strike …
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… Argued February 9, 2022 – Decided September 8, 2022 Before Judges Gilson, Gooden Brown and Gummer. On appeal from … "silver" car pulled up to a pump. 1 Although the indictment originally charged defendant under N.J.S.A. 2C:15- 1(a)(3), … then "warned" Walia not to "call the police," or he would "come back and kill [him]." Walia testified that before …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … NEPTUNE, NEPTUNE TOWNSHIP POLICE DEPARTMENT, MICHAEL J. BASCOM, in an individual and official capacity, and JAMES M. … Co. v. Igdalev, 225 N.J. 469, 482 (2016) (alteration in original) (quoting Brundage v. Est. of Carambio, 195 N.J. …
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… telephonically March 23, 2020 – Decided May 6, 2020 Before Judges Sabatino, Sumners and Geiger. On appeal from the … the trial court to conduct a second resentencing to comport with the Eighth Amendment of the United States … to "consider any rehabilitative efforts since [Zuber's] original sentence" in 1983. Ibid. On remand at the second …
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… R. FUENTES, Defendants. ____________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … . . is quite a mechanical one.'" Id. at 424 (alteration in original) (citation omitted) (quoting Dolson v. Anastasia, … to relief is clear, and 'the verdict was not the result of compromise or otherwise tainted. '" Caldwell v. Haynes, 136 …
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… JDM LLC, Plaintiffs-Appellants, v. VERLAN FIRE INSURANCE COMPANY and SILK CITY STONE, LLC, Defendants-Respondents. … with the course of the real estate transaction; Binson had originally agreed to pay $2,300,000, but with the delays … a judge – in the exercise of sound discretion – to revisit an interlocutory order at any time prior to entry of …
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… Argued December 16, 2019 – Decided April 17, 2020 Before Judges Messano and Vernoia. On appeal from the Superior … valuation report prepared by an accounting firm for his company, Raceway Petroleum, Inc. (Raceway), which, along … argues that the elimination of paragraph 23(b)(6) of the original PMA, which obligated defendant to bequeath 28% of …
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… Argued May 10, 2021 – Decided June 22, 2021 Before Judges Fasciale and Rothstadt. On appeal from the … count indictment alleging that he conspired with others to commit a burglary and robbery. After his trial, defendant … "too far removed or too remote" from the objectives of the original conspiracy. The court further explained: [Y]ou must …
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… refer to Morris Plains as a Borough in this opinion. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … testimony on the issue of liability and dismissing the complaint and amended complaint with prejudice. In its … call's telephone number nor the address from where the call originated 11 A-2043-19 were available to him, unlike a …
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… Submitted April 12, 2021 – Decided June 21, 2021 Before Judges Sabatino, Currier and Gooden Brown. On appeal … and eventually terminated. Thereafter, plaintiff filed a complaint against the City of Jersey City (defendant) … prohibits discrimination because of race, color, national origin, ancestry, age, sex, or nationality. N.J.S.A. …
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… Submitted October 28, 2020 – Decided Before Judges Sumners and Geiger. On appeal from the Superior … gas, Charles pointed a BB gun at him while Herbert stole computer equipment. The trio then fled the scene. Hillside … requires the State to prove that the firearm at issue was "originally designed or manufactured to fire or eject any …
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… BARBERIO, JOHN P. INGLESINO, ESQ., PAUL PHILIPPS, AURORA INFORMATION SECURITY & RISK, LLC, TOWNSHIP OF PARSIPPANY- TROY … behalf of his brother while on-duty and using a PD-issued computer for personal reasons. In 2014, plaintiff filed a … Troy v. Rutgers, 168 N.J. 354, 379 (2001) (alteration in original) (quoting N.J.S.A. 34:13A-5.3). Additionally, the …
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… Submitted May 26, 2020 – Decided September 3, 2020 Before Judges Fasciale and Rothstadt. On appeal from the … DISEASE OR DEFECT. POINT IV THE TRIAL COURT ERRED IN ITS COMPOSITION OF THE VERDICT SHEETS. [U.S. CONSTITUTION, … v. Reddish, 181 N.J. 553, 613 (2004) (first alteration in original) (quoting State v. Green, 86 N.J. 281, 287 (1981)). …
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… Submitted March 23, 2020 – Decided July 8, 2020 Before Judges Sabatino, Sumners and Geiger. On appeal from the … granting defendants summary judgment dismissal of her LAD complaint and denying in camera review of documents prepared … Then he took a second picture out and he said, "[w]hen I originally started to draw this, it started to look like …
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… PELLA WINDOWS, Defendants. ____________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … . R. 1:36-3. 2 A-2088-17T3 CUMBERLAND MUTUAL INSURANCE COMPANY, INC., Plaintiff, v. ROBERT and JANET MCEWAN, BOB … was written on each shingle tile, and permitted the original owner to transfer the warranty to subsequent …
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… Submitted February 3, 2020 – Decided August 14, 2020 Before Judges Ostrer and Susswein. On appeal from Superior … M.D.C., by failing to protect her from sexual abuse committed by the child's stepfather, E.R.-L.1 M.D.C. told … Servs. v. M.C. III, 201 N.J. 328, 343 (2010) (alteration in original)). At a fact-finding hearing to determine whether a …
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… RAYMOND GORMLEY, Third-Party Defendants-Respondents. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … brief). PER CURIAM This appeal arises out of a series of complaints made by employees of the Township of Little Egg … Fin. Servs., LLC, 215 N.J. 174, 189 (2013) (alteration in original) (quoting Knorr, 178 N.J. at 178). "The doctrine is …