» Civil
New Sentencing Hearing Ordered
New Jersey’s Appellate Division agreed with Hegge & Confusione that the client’s sentence was improper: “we remand for a new sentence hearing. The statement of reasons should not rely on the same factors to set sentences at the maximum while also imposing consecutive sentences for the same reasons.”
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New Trial Granted in Criminal Appeal
New Jersey’s Appellate Division agreed with Hegge & Confusione that the State’s disclosure in opening statement that a co-defendant “had confessed to his grandmother, who never testified” at trial “was too prejudicial to both defendants to be remedied by the court’s cautionary instruction” and required a new trial.
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Summary Judgment Reversed and Trial Ordered
New York’s First Appellate Division Department agreed with Hegge & Confusione that summary judgment was improperly granted on the client’s claim for intentional infliction of emotional distress: “There is a triable issue of fact as to whether defendant’s conduct was sufficiently outrageous to sustain a cause of action for intentional infliction of emotional distress…”
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New Trial Ordered for Injured Plaintiff
New Jersey’s Appellate Division agreed with Hegge & Confusione that the trial court deprived the injured client of a fair trial before the jury on her personal injury claims: “We find that the effect of these two rulings deprived the jury of an opportunity to assess the full extent of plaintiff’s alleged injuries and render its own determination as to the etiology of plaintiff’s complaints and her need for surgery. Because the evidence was essential to a full and fair presentation of plaintiff’s case, its exclusion was clearly capable of producing an unjust result. Accordingly, we reverse and remand for a new trial.”
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Equitable Distribution Judgment Affirmed
New Jersey’s Appellate Division agreed with Hegge & Confusione in rejecting the appeal by the adversary and affirming the family court’s equitable distribution ruling on the client’s behalf arising from a divorce.
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Summary Judgment Reversed for Trial on Client’s Account Stated Claim
New York’s Second Appellate Division Department agreed with Hegge & Confusione that summary judgment was improperly entered on the client’s claim for unpaid goods, reversing for trial on the client’s account stated claim.
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Judgment for Client Affirmed
New Jersey’s Appellate Division agreed with Hegge & Confusione that no reversible error occurred in the trial court, affirming the judgment in the client’s behalf on appeal.
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Second Appellate Win in the Same Case
New Jersey’s Appellate Division agreed with Hegge & Confusione for a second time in the same civil litigation, again reversing the trial court’s ruling below.
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Summary Judgment Reversed and Trial Ordered for Medical Malpractice Plaintiff
New York’s Second Appellate Division Department agreed with Hegge & Confusione that the Supreme Court improperly dismissed our client’s medical malpractice claim on the proximate causation element, ruling that a jury must decide the client’s claim at trial.
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Alimony Termination Order Vacated — Remand for Hearing
The appeals court agreed with Hegge & Confusione in vacating the alimony termination order and remanding for a plenary hearing, “which shall particularly focus upon the critical disputed factual issue of the frequency of the alleged cohabitation.”
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