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… Submitted December 18, 2018 – Decided Before Judges Rothstadt and Natali. On appeal from Superior … protect and represent [their] interests which caused [the] complaint to be dismissed . . . ." 1 We refer to plaintiff … as it makes no sense to set aside a default judgment if the ultimate result will inevitably be the same. 10 A-2598-17T1 …
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… Argued September 20, 2018 – Decided October 2, 2018 Before Judges Fuentes, Accurso and Vernoia. On appeal from … prepare his case with his counsel; counsel did not obtain a complete copy of the discovery materials; counsel "failed to … FAILED TO ADVISE HIM OF TRIAL STRATEGY AND DEFENSES, ULTIMATELY RESULTING IN A FAR GREATER SENTENCE [THAN] WAS …
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… POLANCO, Defendant, and NEW JERSEY MANUFACTURERS INSURANCE COMPANY, Defendant-Respondent. _____________________________ … Argued November 6, 2017 – Decided Before Judges Sabatino and Ostrer. On appeal from Superior … According to The Hartford, it did not learn about the ultimate outcome of the UM matter until January 26, 2016, …
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… Argued October 24, 2017 – Decided Before Judges Reisner and Hoffman. On appeal from Superior … at the Intoxicated Driver Resource Center, thirty days community service, and ordered him to pay monetary fines and … suspicion to conduct the motor vehicle stop. 6 A-3334-15T2 Ultimately, the judge found defendant guilty of DWI, …
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… Submitted April 26, 2017 – Decided Before Judges Carroll and Gooden Brown. On appeal from the … actions caused the victim's death and that he was an accomplice to the robbery. 3 A-2515-15T4 Defendant's direct … performed in the case. While the analyst agreed with "the ultimate conclusion" of the State Police that "no DNA was …
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… Argued October 11, 2017 – Decided Before Judges Gilson and Mayer. On appeal from Superior Court … In February 2014, James tested positive for cocaine and ultimately admitted to using cocaine. Thereafter, the … a poor environment for recovery. In May 2014, after James completed the inpatient program, a police officer responded …
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… _____________________________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … application 'on the merits'"; and 3) dismissed plaintiffs' complaint.2 We set forth the procedural and factual history … if any, impact that may have upon the Board's decision to ultimately grant a variance.8 See Fred McDowell, Inc. v. Bd. …
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… DIVISION DOCKET NO. A-5198-15T1 STATE OF NEW JERSEY, by the COMMISSIONER OF TRANSPORTATION, Plaintiff-Respondent, v. … DEPARTMENT OF TRANSPORTATION, Third-Party Defendant. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … the applicant's drawings, which was not unreasonable, but ultimately had no impact on the final decision in this case. …
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… Submitted May 8, 2018 – Decided June 25, 2018 Before Judges Fasciale and Moynihan. On appeal from Superior … summary judgment to defendants and dismissing plaintiffs' complaint alleging a violation of the New Jersey Law Against … of law, without which we cannot know whether the court's ultimate decision was based on fact and law or was the …
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… Argued May 30, 2018 – Decided June 21, 2018 Before Judges Carroll and DeAlmeida. On appeal from Superior … A-4725-16T1 of an order denying his motion to reinstate his complaint, which was dismissed for failure to comply with … deadline. Discovery proceeded in the ordinary course. Ultimately, the court set a discovery end date of September …
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… Submitted January 16, 2018 – Decided Before Judges Ostrer and Whipple. On appeal from Superior … The officer then ran the vehicle's license plate, which the computer flagged because the vehicle's owner had a 3 … a conviction for a lesser charge of third-degree eluding. Ultimately, a jury found defendant guilty of second-degree …
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… Submitted May 8, 2018 – Decided May 30, 2018 Before Judges Carroll and Mawla. On appeal from Superior Court … is limited. R. 1:36-3. 2 A-0663-16T3 judge found defendant committed assault and harassment against plaintiff P.L.G., … order by driving past plaintiff's house and contacting J.M. Ultimately, the judge concluded the evidence established …
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… Argued September 19, 2017 – Decided Before Judges Reisner, Hoffman, and Gilson. On appeal from Tax … & Greenberg, LLC, attorneys for intervenor Madison Trust Company as collateral assignee of Stonefield Investment Fund … year, as well as the tax years 2012, 2013, 2014, and 2015. Ultimately, the City only signed a settlement agreeing to a …
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… Submitted January 8, 2018 – Decided Before Judges Ostrer and Whipple. On appeal from Superior … how to consider 6 A-0738-15T4 unrecorded statements, commonly known as Kociolek1 and Hampton2 instructions. … of discharging their function as fact finders on the ultimate issue of guilt or innocence." Ibid.3 Here, during …
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… Argued May 1, 2018 – Decided May 11, 2018 Before Judges Mawla and DeAlmeida. On appeal from Superior … Okasha and First Link Limo Service, LLC (Law Office of Viscomi & Lyons, attorneys; Daniel Kaye, on the brief). Richard … resulted in a without prejudice dismissal of the case, and ultimately reinstatement of the complaint when the discovery …
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… DIVISION DOCKET NO. A-4011-14T2 IN THE MATTER OF THE CIVIL COMMITMENT OF P.P., SVP-711-15. _________________________ … Submitted April 5, 2017 – Decided July 18, 2017 Before Judges Simonelli and Gooden Brown. On appeal from the … to accept all or any part of [an] expert opinion[ ].' The ultimate determination is 'a legal one, not a medical one, …
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… Submitted February 13, 2017 – Decided Before Judges Nugent and Currier. On appeal from Superior … 2015 Special Civil Part order dismissing with prejudice his complaint against defendants Cherry-Parke Condominium … file a claim for frivolous pleading sanctions. The judge ultimately determined plaintiff had no right to bring this …
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… Submitted February 2, 2017 – Decided Before Judges Lihotz and Hoffman. On appeal from Superior … from the 9-1-1 call, stating "protect me[,] protect me" and commenting Maysa was "begging for protection from her … is no error so long as he confines himself in that fashion. Ultimately it was for the jury to decide whether to draw the …
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… Argued March 2, 2017 – Decided Before Judges Hoffman and Whipple. On appeal from Superior … is the mother of Caleb, Maddie, and Jack.2 This case commenced on October 26, 2012, when defendant, pregnant with … to renewal, but proceeded under Title Nine. The judge ultimately applied the clear and convincing standard at the …
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… Submitted January 31, 2017 – Decided Before Judges Ostrer and Leone. On appeal from Superior Court … In exchange for defendant's guilty plea, the State recommended a ten-year sentence on Count One and a seven-year … a reasonable likelihood that his or her claim will ultimately succeed on the merits," and thus did not …