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… Submitted February 24, 2020 – Decided March 9, 2020 Before Judges Sabatino and Sumners. On appeal from the … filed a brief. PER CURIAM Plaintiffs, Janek Patel and his company A&D Convenience Store, objected to approvals granted … application during the hearing process, the Planning Board ultimately considered the following variances and waivers as …
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… Argued December 11, 2019 – Decided Before Judges Koblitz, Whipple and Gooden Brown. On appeal … stalled over the price, and in September 2015, PPG filed a complaint and requested an order requiring Ten West to … alleged conversation, where they broached the prospect but ultimately decided against it. Such a "conclusory and …
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… Submitted January 21, 2020 – Decided April 23, 2020 Before Judges Sabatino and Sumners. On appeal from the … NERA, which was not in effect at the time the offense was committed, but rather it is subject to an eight-year parole … for sexually assaulting Katie there, a side bar occurred. Ultimately, the court and defendant decided to withdraw the …
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… Argued January 23, 2020 – Decided May 6, 2020 Before Judges Koblitz, Whipple and Gooden Brown. On appeal … at one another. As the argument became increasingly combative, some guests tried unsuccessfully "to break it … counsel's effective cross-examination of Buchanan, who ultimately admitted that he was pressured to incriminate …
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… JOHN ESMERADO in his official capacity as Records Custodian for the Union County Prosecutor's Office, … Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law right of access. The UCPO denied his request. 1 … who could unnecessarily be at risk by public disclosure." Ultimately, the court required that "all aspects" of the …
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… Argued September 29, 2020 – Decided Before Judges Fasciale, Mayer, and Susswein. On appeal from … observations of the character and demeanor of witnesses and common human experience that are not transmitted by the … completion analysis for a lump sum contract, and the court ultimately agreed. "The expert's failure 'to give weight to …
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… September 15, 2020 – Decided September 29, 2020 Before Judges Haas and Natali. On appeal from the Superior … there for nearly thirty years. The master deed defines common expenses as "all costs and expenses to be incurred … reasonableness of the attorney's fee award." Id. at 387-88. Ultimately, the "goal is to approve a reasonable attorney's …
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… Argued November 5, 2020 – Decided Before Judges Fuentes, Whipple and Firko. On appeal from the … on his experience, about the street value of marijuana and common packing techniques. Specifically, Sgt. Hornstra … discern no legal basis to disagree with the trial court's ultimate conclusion to deny defendant's motion for …
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… Argued November 12, 2020 – Decided Before Judges Alvarez and Geiger. On appeal from the Tax Court … of its ABELCET and PERMAX assets from non-operational income to taxable apportionable operational income; and (2) … comprising of physicians or surgeons, and/or hospitals for ultimate use by mostly cancer patients, it was also targeted …
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… Submitted November 9, 2020 - Decided Before Judges Currier and Gooden Brown. On appeal from the … 2C:11-3a(1)-(2) (count one); second-degree conspiracy to commit robbery, contrary to N.J.S.A. 2C:5-2 (count two); … that the identification is reliable, it is defendant's ultimate burden "to prove a very substantial likelihood of …
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… Submitted February 8, 2021 – Decided April 27, 2021 Before Judges Sabatino and Gooden Brown. On appeal from the … Instruction Necessitates Reversal. POINT II THE PROSECUTOR COMMITTED REVERSIBLE MISCONDUCT DURING SUMMATION BY … denying any involvement in the shooting, defendant ultimately admitted threatening Bernal with the gun in …
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… Submitted March 8, 2021 – Decided May 27, 2021 Before Judges Rothstadt and Susswein. On appeal from the … need not repeat in detail the facts surrounding defendant's commission of the subject crimes, his trial, or his 1981 … law of the case doctrine, we nonetheless agree with his ultimate conclusions as to the merits of defendant's …
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… of the court was delivered by OSTRER, P.J.A.D. In this commercial contract dispute, we consider whether an … Clicking on the "Terms & Conditions" link brought the visitor to a document entitled "Machinery Terms and … someone comfortable with navigating websites might have ultimately found the "Seller's Machinery Terms and …
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… Argued September 29, 2021 – Decided October 26, 2021 Before Judges Whipple, Geiger and Susswein. NOT FOR … unable to speak with Sarah, who was in a medically induced coma. Quainoo spoke to Jared at the hospital. Jared … meaning of Title Nine. Jared did not dispute that finding. Ultimately, Judge Katz found, by a preponderance of the …
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… as a condition of probation; the presumption can be overcome only when a state prison sentence would be a serious … General memorandum addresses cases involving out-of-state visitors who are arrested while in possession of firearms … a crime as intended by our laws. [Pa 30.] The trial court ultimately determined that these circumstances overcame the …
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… Submitted November 16, 2020 – Decided December 2, 2021 Before Judges Currier, Gooden Brown and DeAlmeida. On appeal … When later questioned by a detective, defendant admitted to committing various acts of sexual abuse on Anna at the … of discharging their function as fact finders on the ultimate issue of guilt or innocence." Ibid.4 The State …
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… Argued February 3, 2021 – Decided December 30, 2021 Before Judges Ostrer, Accurso and Vernoia. NOT FOR PUBLICATION … conduct could be measured and determined to be incompatible with a clear mandate of public policy, as … was not fit for duty. The termination decision "was ultimately modified to reflect a resignation in good …
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… COUNTY IMPROVEMENT AUTHORITY, and STATE OF NEW JERSEY, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … was not a part of the approved design. Construction was completed in 1995, with the Department's resident engineer … the Hamilton Avenue light rail station with the Arena ultimately died because none of the concerned public …
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… (A-3415-18) November 29, 2021 – Decided January 6, 2022 Before Judges Messano and Enright. NOT FOR PUBLICATION WITHOUT … reached for his own gun and trained it on Williams. Johnson commanded Williams to show his hands and not to move. … him from absconding. Johnson struggled to detain Islam but ultimately handcuffed him to a railing while Islam attempted …
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… Argued October 18, 2021 – Decided January 27, 2022 Before Judges Rothstadt, Mayer, and Natali. On appeal from the … it was inadequate in significant aspects as it "is not a comprehensive plan," because it was adopted prior to … for the formulation of an updated Land Use Plan and, ultimately, amended District Zoning Regulations." Toward …