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… Argued December 6, 2022 – Decided January 20, 2023 Before Judges Gilson, Gummer, and Paganelli. NOT FOR … development consisting of 725 residential and twenty-nine commercial units 3 A-1965-21 built along the Atlantic City … S. Jersey, Inc., 103 N.J. 177, 191 (1986); see Kieffer v. Best Buy, 205 N.J. 213, 223 (2011) (explaining that "[t]he …
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… Argued January 10, 2023 – Decided March 7, 2023 Before Judges Sumners and Susswein. On appeal from the … including: (1) the trial judge violated the doctrine of completeness by not allowing defendant to elicit certain … OTHER PORTIONS OF DEFENDANT'S STATEMENT VIOLATED THE BEST- EVIDENCE RULE. D. THE ADMISSION OF A HIGHLY EDITED AND …
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… their decisions to pause in-person instruction were made in compliance with the executive orders issued by the Governor … statutory interpretation is for the court to "determine as best [it] can the intent of the Legislature, and to give … welfare of New Jersey residents, employees, students, and visitors, thus giving it a "significant and legitimate …
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… Submitted December 7, 2022 – Decided July 7, 2023 Before Judges Accurso, Vernoia and Natali. On appeal from the … plaintiff was present and signed the closing documents. As best we can discern from the record, on the day of the … he died. Plaintiff, represented by current counsel, filed a complaint in April 2018 alleging five counts against …
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… Submitted March 1, 2023 – Decided March 21, 2023 Before Judges Accurso and Natali. On appeal from the Superior … N.J.S.A. 2C:11- 3(a)(1); second-degree conspiracy to commit carjacking, N.J.S.A. 2C:5-2, 2C:15-2(a); … counsel or the range of legitimate decisions regarding how best to represent a criminal defendant." Strickland, 466 …
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… Submitted December 13, 2023 – Decided February 5, 2024 Before Judges Vernoia and Walcott-Henderson. On appeal from an … was arrested and charged with acts of delinquency, which if committed by an adult, would constitute the crimes of: … do so. See id. at 543-44. We also offered guidance on how best to proceed in waiver matters and emphasized that the …
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… Submitted January 24, 2024 – Decided February 9, 2024 Before Judges Accurso and Vernoia. On appeal from the Superior … defendant appeared jealous and told Lopez that he had a compromising video of Hiciano that could get her in trouble … at trial. Defendant argues counsel advised him it would be best if he did not testify at trial, failed to inform him …
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… certified tenure charges against Sanjuan for conduct unbecoming. Sanjuan reported that she fell down a staircase at … we discern no legal equitable basis to have him revisit that ruling.” Ibid. In vacating the arbitration award, … intent.” W.S. v. Hildreth, 252 N.J. 506, 518-19 (2023). The best evidence of such intent “is the statutory language,” …
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… BOOSTER, INC., Defendants, and JOSEPH FISCHETTI, SAMUEL NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … on the baseball team at Columbia High School, and who also complained about defendants' conduct toward his son. Nathan … by Nolan v. Lee Ho, 120 N.J. 465, 472 (1990))); Kieffer v. Best Buy, 205 N.J. 213, 222 (2011) ("The interpretation of a …
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… Submitted May 30, 2023 – Decided June 13, 2023 Before Judges Gooden Brown and Mitterhoff. On appeal from the … This matter arises from appellant's alleged failure to comply with the terms of a settlement agreement reached … [appellant] never followed through on those threats. At best, the evidence as to the lack of good faith is in …
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… Submitted May 6, 2024 – Decided June 10, 2024 Before Judges Marczyk and Vinci. On appeal from the Superior … plaintiff and restrained defendant from the restaurant or communicating with its employees. Sometime after the consent … circumstances of the plaintiff and defendant; (4) The best interests of the victim and any child; 7 Although we …
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… Argued February 13, 2024 – Decided April 22, 2024 Before Judges Whipple, Enright and Paganelli. On appeal from … sexual assault, N.J.S.A. 2C:14-2(a)(2)(1), for acts committed between January and May 2016; (2) second-degree … discretion of the trial court, as that court is in the best position to conduct the balancing required under …
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… RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … recent conviction." Moreover, such interpretation defies common sense given the "clean slate" statute's purpose to … "most recent conviction"––but argues that it is not the best indicator of the Legislature's intent in this appeal. …
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… LLC, FARES DIARBAKERLI, MD, SALMAN OKOUR, MD, and NJ BEST OB/GYN, Defendants, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Abdelmalak (collectively, plaintiffs), to file an amended complaint asserting claims against 3 A-3894-23 Dr. Martinez …
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… Submitted October 16, 2023 – Decided February 24, 2025 Before Judges Gilson, DeAlmeida and Bishop- Thompson. On … and denying plaintiff's motion for leave to file an amended complaint in this dispute over mold plaintiff discovered in … a presently existing or past fact concerning the mold. At best, the proofs may support theories of negligence and …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Architects, P.C. (Tsairis) and its affiliated construction company, Northeast Modular Homes, Inc. , to design and build … interpretation is subject to de novo review. Kieffer v. Best Buy, 205 N.J. 213, 222 (2011). "Accordingly, we pay no …
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… Argued December 5, 2024 – Decided January 27, 2025 Before Judges Mawla and Walcott-Henderson. NOT FOR PUBLICATION … their motion to set aside and vacate the Sheriff's sale of commercial property to plaintiff SB PB Victory, L.P., the … resulted in a sale for less than the premises' highest and best price as of that date." Plaintiff maintains the …
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… Argued September 30, 2024 – Decided January 28, 2025 Before Judges Sabatino and Gummer. On appeal from an … of life[.]" Family members requested she be placed on "comfort care." Mele was pronounced dead on June 5, 2019, at … an intervening cause and, hence, would be admissible. The best way to make that determination is by consideration of …
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… Submitted November 6, 2024 – Decided February 3, 2025 Before Judges Sumners and Bergman. On appeal from the Superior … the jury. Brisban testified defendant explained he had just come from Huynh's house to collect his sports bet winnings … testimony gave 11 A-2524-22 him the impression that "he was best trying to tell the truth." The judge also recognized …
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… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE … 19 N.J. Tax 505, 511 (Tax 2001) (“[A] change in highest and best use is not automatically the equivalent of the …