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… status as defendants in appellants' mandamus action. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … plaintiffs Richard Tuosto and Cheryl Tuosto filed a complaint for trespass alleging defendants Therese Brady's … 25 A-3374-16T2 develops 'a feel of the case' and is in the best position to 'make first -hand credibility judgments …
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… Argued May 15, 2018 – Decided July 26, 2018 Before Judges Fisher, Sumners and Natali. On appeal from … REVERSIBLE ERROR. 3 A-3756-15T2 POINT II THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY PRECLUDING STAR FROM … subordinates, but instructed them to "sell the program as best as [they] could." A year after the ST law was enacted, …
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… Defendants-Respondents. ______________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … City of Union City (City) Police Department.1 Each filed a complaint against Brian P. Stack, individually and as the … on the promotional list. The five candidates with the best test scores were promoted, and the sixth spot was held …
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… shot based upon a mistaken belief that he or Cunningham had committed a burglary at a home the night before. Rivera … at trial about his identification does not warrant revisiting what happened pre-trial. As with 22 A-1722-16T3 any … of the trial [court], who has the feel of the case and is best equipped to gauge the effect . . . on the jury in the …
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… Argued January 30, 2019 – Decided March 4, 2019 Before Judges Koblitz, Ostrer and Currier. On appeal from … his convictions after trial of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1(a)(1); … The trial court had the "feel of the case" and was in the best position "to gauge the effect of a prejudicial comment …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Jury Charges state, the summations of counsel do not comprise evidence. The propriety of granting such a playback … is that partisan advocacy on both sides of a case will best promote the ultimate objective that the guilty be …
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… involves physical training and marching. Boot Camp had two command structures -- custody and civilian. James Glover, an … it on the chin." Loury also said it would not be in their best interest to file an EED complaint. LaPierre did not … at Boot Camp. However, the judge indicated he would revisit the question during trial. During the DOC's opening …
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… Argued September 18, 2018 – Decided Before Judges Hoffman and Geiger. On appeal from Superior … anybody you want but honestly, your mom's secrets are gonna come out of the closet too. And by the time you get done … that end, a claim of ineffective- assistance-of-counsel is best addressed in a post-conviction relief proceeding. …
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… Defendant-Appellant. Argued September 26, 2017 - Decided Before Judges Carroll, Leone and Mawla. On appeal from the … AND THE INSTRUCTIONS, WHEN VIEWED AS A WHOLE, WERE, AT BEST, CONTRADICTORY ON THE STATE'S DUTY TO PROVE THE ABSENCE … THAT CASE: THE REPEATED USE OF "AND/OR" LANGUAGE IN THE ACCOMPLICE- LIABILITY JURY INSTRUCTION COULD HAVE EASILY LED …
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… as a Member of Capital Markets Advisory Limited Liability Company f/k/a Carr Miller Capital Investments, LLC, Defendant-Respondent, and EVERETT CHARLES FORD MILLER, Individually and as President of Carr Miller … supra, 159 N.J. Super. at 551). Saying a product is "'the best' . . . is only a statement of the seller's opinion." …
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… Argued March 5, 2018 – Decided Before Judges Sabatino, Ostrer and Rose. On appeal from … entry into the house seven days later. The closing was not completed on its scheduled date, due to the buyer's failure … time of Closing." The sellers further represented, to the best of their knowledge, that "there are 15 A-3310-15T4 …
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… Defendant-Appellant. Submitted March 13, 2018 - Decided Before Judges Carroll, Mawla and DeAlmeida. On appeal from … Defendant was seventeen years old when the crimes were committed. While in police custody, accompanied by his … between the juvenile and police and is there to act in the best interest of the juvenile. Ibid. However, a parent can …
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… A. WILF; ZYGMUNT WILF; MARK WILF; SIDNEY WILF; RACHEL AFFORDABLE HOUSING CO.; HALWIL ASSOCIATES, a partnership and … and MIRONOV, SLOAN & PARAZIALE, LLC (f/k/a BECK, WEISS & COMPANY, P.A.), Defendants. NOT FOR PUBLICATION WITHOUT THE … [I] will take it forward and [I] will get it done to the best of my ability. Rule 1:12-2 allows "[a]ny party, on …
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… Argued September 26, 2018 – Decided Before Judges Fuentes, Accurso and Moynihan. On appeal from … CREDIBILITY IN BOTH TRIALS. POINT II THE TRIAL COURT COMMITTED REVERSIBLE ERROR WHEN IT ADMITTED EVIDENCE, … number two to trial number one was redacted. We did the best that we could to separate the . . . two videotapes so …
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… CHAPIN HILL AT RED BANK, a New Jersey limited liability company, Plaintiff-Appellant, v. R.B. REALTY ASSOCIATES, LP, … group. He testified that he did not believe it was a coincidence that once the parties entered negotiations the … is a question of law entitled to de novo review. Kieffer v. Best Buy, 205 N.J. 213, 222 (2011); Spring Creek Holding Co. …
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… Argued January 8, 2018 – Decided Before Judges Sabatino, Ostrer and Whipple. On appeal from the … his job through the mayor at the time, but the ZBA, in compliance with the Municipal Land Use Law, N.J.S.A. … and production are generally imposed "on the party best able to satisfy [them]," noting the importance of …
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… Defendant-Appellant. Submitted October 6, 2016 – Decided Before Judges Fuentes, Carroll, and Gooden Brown. On appeal … 4 A-0060-14T2 POINT V BECAUSE THE OFFICERS FAILED TO COMPLY WITH THE RECORDING REQUIREMENT OF STATE v. DELGADO, … of the trial judge, who has the feel of the case and is best equipped to gauge the effect of a prejudicial comment …
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… DOCKET NO. A-3136-16T2 IN THE MATTER OF MOTOR VEHICLE COMMISSION SURCHARGE SYSTEM ACCOUNTING AND BILLING SERVICES. … Argued January 22, 2018 – Decided Before Judges Sabatino, Ostrer and Rose. On appeal from the … 2015, the Bureau requested that MSB and Xerox each submit a Best and Final Offer ("BAFO"). MSB declined to reduce its …
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… numbness that became "stabbing sharp pains." Dr. Vega recommended physical therapy. On July 25, 2012, plaintiff saw … not cite N.J.R.E. 803(c)(7) or attempt to meet its prerequisites. In any event, in denying defendants' motion for a new … her back or neck, and the reason for the 'silence' is, at best, completely speculative and lacking probative value, …
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… was shot ten times at the New Hope Village apartment complex in Newark. The shooter first fired at Denmark and … complex when he was younger and remained a frequent visitor. 3 Based on the testimony of Hopkins, discussed … of the trial judge, who has the feel of the case and is best equipped to gauge the effect of a prejudicial comment …