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… erroneously denied his motion for a mistrial because a comment by the State 's sole eyewitness was "wholly improper … v. Hyman, 451 N.J. Super. 429, 455 (2017) (alterations in original). "Under the plain error standard, defendant has … it. Accordingly, we conclude Bouie 's sentence must be revisited on remand for an evaluation taking into account the …
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… Argued January 7, 2019 – Decided March 26, 2019 Before Judges Messano and Gooden Brown. On appeal from … second. Defendant's truck flipped over several times before coming to a stop. Witnesses, including an emergency medical … permits it to consider.'" Id. at 263 (second alteration in original) (quoting State v. Pelham, 176 N.J. 448, 466 …
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… Argued February 28, 2019 – Decided March 26, 2019 Before Judges Simonelli, Whipple and Firko. On appeal from the … provides that "[a] member's retirement application becomes 4 A-1346-17T2 effective on the first of the month … 439 N.J. Super. 45, 51 (App. Div. 2015) (alteration in original) (quoting Perrelli v. Pastorelle, 206 N.J. 193, …
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… Defendants-Appellants. Submitted March 22, 2017 – Decided Before Judges Alvarez, Accurso, and Lisa. On appeal from the … by the judge's frequent interjections, interruptions, and commentary. Instead of aiding in clarifying the testimony, … store, and that she refused to pay back the loan under the original terms of the agreement. According to the complaint, …
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… Argued January 23, 2018 – Decided Before Judges Fisher, Fasciale and Moynihan. On appeal from … CUMULATIVE PREJUDICIAL IMPACT OF THE PROSECUTOR'S IMPROPER COMMENTS DENIED APPELLANT A FAIR TRIAL. We affirm. I … State v. Moore, 181 N.J. 40, 46 (2004) (alterations in original)). The court can consider only the facts contained …
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… Argued March 21, 2017 – Decided Before Judges Leone and Vernoia. On appeal from Superior Court … 25, 2000, three agreements were executed between Nycoil Company ("Nycoil" or "the Seller") and N-C Acquisition, LLC … which discharged hazardous substances or hazardous wastes originating at the industrial establishment have migrated, …
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… Submitted September 20, 2016 – Decided Before Judges Koblitz and Rothstadt. On appeal from the … trial. Plaintiffs appeal from the judgment dismissing their complaint and the trial court's order denying her motion for … State v. Kuropchak, 221 N.J. 368, 385 (2015) (alteration in original) (first quoting State v. Feaster, 156 N.J. 1, 82 …
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… NORTH JERSEY, Defendants. Argued March 29, 2017 – Decided Before Judges Fuentes, Simonelli and Carroll. On appeal from … for further proceedings consistent with this opinion. ¹ The complaint contained a per quod claim by her husband Steve A. … 'general purpose'" (first alteration in 19 A-3052-15T4 original) (quoting Loder v. St. Thomas Greek Orthodox …
AMERESTATE HOLDINGS, LLC, ET AL. VS. CBRE, INC., ET AL. DRESDNER ROBIN ENVIRONMENTAL MANAGEMENT, INC., ET AL. VS. FEINSTEIN, RAISS, KELIN & BOOKER, LLC, ET AL. (L-3012-15, HUDSON COUNTY AND STATEWIDE) - Unpublished
Opinions
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… Defendants-Respondents, and GRID REAL ESTATE, LLC, GRID COMMERCIAL REAL ESTATE, LLC, and ROBERT ANTONICELLO, … INC. and EDWARD V. KOLLING, Third-Party Plaintiffs, v. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … complaint is the June 6, 2016 amended complaint. The original complaint was filed in July 2015. 4 A-2416-17T3 …
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… Submitted March 21, 2018 – Decided Before Judges Fuentes, Koblitz and Suter. On appeal from … Ophthotech after April 1, 2014, the date after the divorce complaint was filed, and the court's order that plaintiff's … the marital standard of living at the time of the original divorce decree . . . regardless of whether the …
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… Argued March 16, 2022 – Decided June 7, 2022 Before Judges Sumners and Vernoia. On appeal from the Superior … or its discretion the whole or a part of the salaries or compensation" of employees "during the time they are engaged … Rutherford PBA Loc. 275, 213 N.J. at 201-02 (alteration in original) (quoting Middletown Twp., 193 N.J. at 11). "Courts …
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… Argued December 2, 2020 – Decided Before Judges Ostrer and Enright. On appeal from the Superior … . . . hadn't ran from the police, Quadir Jackson may have come before the court, may have been tried, may have been … reversal is inappropriate. Id. at 83 (alterations in original); see State v. Ramseur, 106 N.J. 123, 322 (1987). …
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… Submitted October 27, 2020 – Decided Before Judges Haas, Mawla and Natali. On appeal from the … Not, Either Independently (as the Trial Judge Found) or In Combination with the Tip, Provide a Sufficient Basis for a … State v. Keyes, 184 N.J. 541, 554 (2005) (alteration in original) (quoting Jones, 179 N.J. at 388). When "reviewing …
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… Submitted October 25, 2021 – Decided March 4, 2022 Before Judges Messano, Accurso and Enright. On appeal from the … to second- degree manslaughter with a maximum sentence recommendation of eight years' imprisonment, was the State's … N.J. Super. 51, 66 (App. Div. 2021) (first alteration in original) (quoting N.J.S.A. 2C:44-1(b)(14)), certif. granted …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-0817-18 CAROL ANN CONFORTI, individually and as administratrix ad prosequendum of … Rights Act (NJCRA), N.J.S.A. 10:6-1 to -2, seeking both compensatory damages and punitive damages. Having considered … 428 N.J. Super. 210, 230 (App. Div. 2012) (alteration in original) (citation omitted). Based on our review of the …
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… Argued September 22, 2021 – Decided February 18, 2022 Before Judges Fuentes, Gooden Brown, and Gummer. On appeal … Rock (Planning Board) and dismissing with prejudice their complaint in lieu of prerogative writs. The Planning Board … from the board of adjustment.'" Ibid. (alteration in original) (quoting PRB Enters., Inc., 105 N.J. at 7); see …
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… Argued October 19, 2021 – Decided February 7, 2022 Before Judges Fasciale and Vernoia. On appeal from the Board … disability retirement benefits, a claimant must also comply with N.J.S.A. 43:16A-7(a)(1)'s procedural … disability retirement benefits "within five years of the original traumatic event." N.J.S.A. 43:16A-7(a)(1). An …
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… Monmouth County (Kollel). Rabbi Veshnefsky was JLC's original registered agent and spiritual leader. He drafted … responsibility, leadership, and ownership of the JLC, and commits itself to the financial plan described herein for … previously addressed that issue and there is no need to revisit it. JLC also attempts to raise for the first time, in …
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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 … 449 N.J. Super. 276, 283 (App. Div. 2017) (alteration in original) (quoting Puder v. Buechel, 183 N.J. 428, 440–41 …
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… DEVELOPMENT, LLC, Third-Party Plaintiff/ Appellant, v. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … LLC (FEAPD), and Altilium Energy, LLC (AEL), are companies managed by 1 Crowe v. De Gioia, 90 N.J. 126 … the restraints—that would allow the deal to close on the original terms and the separate lawsuit against [him would] …