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… Argued May 1, 2018 – Decided Before Judges Carroll and Mawla. On appeal from Superior Court … from an October 28, 2016 order, which dismissed their complaint in lieu of prerogative writs for lack of … Plaintiffs never provided the motion judge with their original email, which they claimed contained the transcript …
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… Submitted January 22, 2019 – Decided Before Judges Haas and Sumners. On appeal from Superior Court … presented to him as a potential witness, both under the original alibi defense and the conspiracy defense. The alibi … At that 8 A-1524-17T1 time, the State had offered to recommend that defendant be sentenced to seven years in …
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… Argued November 27, 2017 – Decided Before Judges Ostrer and Whipple. On appeal from the New Jersey Civil Service Commission, Docket No. 2011-1054. Gerald D. Miller argued … In re Polk, 90 N.J. 550, 578 (1982)) (alteration in original). "The threshold of 'shocking' the court's sense of …
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… Argued December 20, 2017 – Decided Before Judges Fuentes, Koblitz and Manahan. On appeal from … was not supported by credible and relevant evidence, nor comported with controlling law. We disagree and affirm. I. … v. E.D.-O., 223 N.J. 166, 179 (2015) (alternations in original) (quoting N.J.S.A. 9:6- 8.21(c)(4)(b)). To satisfy …
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… Argued October 24, 2017 – Decided Before Judges Fasciale, Sumners and Moynihan. On appeal from … for the reasons set forth by the Law Division judge in his comprehensive review of the proofs relating to the officer's … defendant's arrest." 6 A-4120-15T3 Ibid. (alteration in the original) (quoting State v. Fulford, 349 N.J. Super. 183, …
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… Submitted December 21, 2017 – Decided Before Judges Simonelli and Rothstadt. On appeal from Superior … In exchange, 3 A-3698-15T1 the State agreed to recommend a non-custodial probationary term. The following … v. Pierre, 223 N.J. 560, 576-77 (2015) (Alterations in original) (citations omitted).] Applying these standards, we …
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… Argued May 24, 2018 – Decided June 28, 2018 Before Judges Reisner, Gilson, and Mitterhoff. On appeal from … appeal from a March 31, 2017 order dismissing their complaint with prejudice. In their complaint, plaintiffs … in fee simple." That definition, however, was part of the original Condominium Act passed in 1969. In 1973, the …
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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. JOHN W. PETTIFORD, a/k/a JEFFREY A. PETTIFORD, Defendant-Appellant. … probation because that was the applicable term when the original sentence was imposed and when defendant was … found aggravating factors three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); six, …
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… Submitted March 30, 2022 – Decided April 18, 2022 Before Judges Hoffman, Whipple, and Geiger. On appeal from the … denying their motion to dismiss plaintiff James Dahl's complaint and to compel arbitration, and their motion for … The judge declined to award sanctions, noting defendant's original motion did not rise "to a level of frivolity." He …
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… Submitted March 7, 2022 – Decided April 14, 2022 Before Judges Messano and Rose. On appeal from the Superior … a forensic examination was performed and a rape kit was completed. Id. at 4. Semen was detected in the swab taken … guarantee of [a] fair trial.'" Id. at 314-15 (alteration in original) (quoting State v. Buonadonna, 122 N.J. 22, 42 …
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… Argued May 9, 2022 – Decided May 19, 2022 Before Judges Fasciale and Firko. 1 Incorrectly and … Newark's (City) Rule 4:6-2(e) motion to dismiss plaintiff's complaint. Judge Jeffrey B. Beacham entered the order and … his oral decision, the judge agreed with the City that the "original notice of claim failed to identify any culpable …
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… Submitted March 30, 2022 – Decided May 5, 2022 Before Judges Hoffman and Geiger. On appeal from the Superior … clerk at gunpoint, threatening to shoot the clerk unless he complied with defendant's demands. On May 1, 2016, defendant … 328, 338 (2010)). Defendant asserts that Officer Hansson's original stop of defendant's vehicle was not based upon …
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… 2022 Resubmitted July 27, 2022 – Decided August 19, 2022 Before Judges Whipple, Rose and Firko. On appeal from the … of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2012-10378. Patrick L. … must carry great weight . . . ." Id. at 339 (alteration in original) (quoting A.D., 441 N.J. Super. at 422-23). Stated …
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… Submitted February 14, 2022 – Decided June 3, 2022 Before Judges Messano and Accurso. On appeal from the Superior … but claimed to be unaware any of the others planned to commit a robbery when he entered the Jeep. When he, Waldren, … 446 N.J. Super. 295, 306 (App. Div. 2016) (alteration in original) (quoting State v. Russo, 333 N.J. Super. 119, 137 …
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… Submitted March 8, 2022 – Decided May 26, 2022 Before Judges Fisher and DeAlmeida. On appeal from the … 1:36-3. 2 A-1509-20 Fatou Jallow and dismissing his fraud complaint on res judicata grounds. We affirm. I. The parties … filed suit against the attorney who represented him in the original divorce action alleging fraud and legal …
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… Submitted December 14, 2020 – Decided Before Judges Messano and Suter. On appeal from the Superior … to -35.2 Defendant contends the court erred by finding he committed the predicate offenses of harassment and … interests of justice.'" Ibid. 9 A-1957-19T2 (alteration in original) (quoting Rova Farms, 65 N.J. at 484). However, …
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… Submitted November 5, 2020 – Decided Before Judges Sumners and Mitterhoff. On appeal from the … the trial court's orders denying its motions to amend its complaint and to compel discovery. Plaintiff also appeals … it did before the trial judge, that the fraud count in the original complaint is distinct from fraud in the inducement. …
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… Argued November 12, 2020 – Decided Before Judges Ostrer and Accurso. On appeal from the Superior … For convenience, we use the name that appears in her original complaint. 2 Evidently, counsel did not spread the …
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… v. ALLSTATE FIRE & CASUALTY INSURANCE COMPANY, Defendant-Respondent. … procedural terminology (CPT) code 22551.2 2 Plaintiffs originally sought reimbursement from defendant under CPT … N.J. Super. at 294-95, and plaintiffs offer no basis to revisit it. We therefore are not convinced there is a 14 …
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… U.S. BANK, NATIONAL ASSOCIATION, AS LEGAL TRUSTEE FOR TRUMAN 2016 SC6 TITLE TRUST, Plaintiff-Respondent, v. … P. Perfilio's oral decision. I. This case has a long and complex procedural history. In March 2006, defendant … house he and his wife shared in Kenilworth, New Jersey. The original lender, Countrywide Bank, issued a mortgage loan …