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… and an August 17, 2017 order, entering judgment on their complaint in lieu of prerogative writs in favor of their … Pingaro 5 A-0762-17T1 explained that "[o]pen pergolas do not count as lot coverage" and the additional piling … of the variance requested will deprive the [DeCiccos] of a fair and reasonable use of their property without any …
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… . . . tainted the entire deliberative process." Fairly read, the letter questioned both the sufficiency of … these appeals are from orders dismissing plaintiffs' complaint pursuant to Rule 4:6-2, and denying their motion … A-2479-15T1 does not begin until such termination." Muller Fuel Oil Co. v. Ins. Co. of N. Am., 95 N.J. Super. 564, 577 …
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… from the May 6, 2016 Law Division order, dismissing their complaint with prejudice. In so doing, the trial court … the building[,]" along with "white trim, white columns, cupolas, copper roofs[,]" and "stone veneers," in an attempt to … on the record before the Board." Instead, citing Kohl v. Fair Lawn, 50 N.J. 268 (1967) and Burbridge v. Mine Hill, …
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… guardian ad litem for his adult children; and 3) to compel specific performance of the parties' second amended … changed circumstances render the agreed terms no longer 'fair and equitable.'" Morris v. Morris, 263 N.J. Super. 237, … deciding a motion for modification to make those findings. Glass v. Glass, 366 N.J. Super. 357, 371 (App. Div. 2004) …
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… A jury found defendant guilty of second-degree attempt to commit aggravated sexual assault by sexual penetration … ON THE SURVEILLANCE FOOTAGE, INFRINGED HIS RIGHT TO A FAIR TRIAL. (PARTIALLY RAISED BELOW). A. Testimony That … especially heinous, cruel, or depraved manner"); State v. Fuentes, 217 N.J. 57, 77 (2014) (remanding for resentencing …
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… COUNCIL, RICH MACGUIRE, WASHINGTON CELEBRATES AMERICA COMMITTEE, WASHINGTON ORANGE CRATE DERBY and RALPH BANGHART, … afford the trial court ruling no special deference. Templo Fuente De Vida Corp. v. Nat. Union Fire Ins. Co., 224 N.J. … the limitations of [the TCA] and in accordance with the fair and uniform principles established [in the TCA]." …
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… To quote one of our earlier opinions: "This is a convoluted commercial landlord/tenant" dispute. Defendant Richard … for rescission, the court decided it would give Cecere one last chance to cure his defaults. Accordingly, the court … began in July 2015. 34 Label presented an expert on the fair market rental value of the Restaurant Property. After …
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… to Axcel, a black vehicle with "many people" in it accompanied them to L.V.'s home, which was a building in which … III: THE TESTIMONY OF BEATRI[Z] RODRIGUEZ, INCLUDING HER UNFAIRLY PREJUDICIAL IDENTIFICATION OF [DEFENDANT] AS A MEMBER … and his prior conviction, anger was apparently the fuel for the disregard of human life. His anger blinded him …
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… stipulation. Defendant also argued that he was denied a fair trial because of the trial court's mishandling of a … closed to enhance the "ability to focus" which "is not uncommon in . . . trials[.]" The evidentiary hearing commenced on September 12, 2013, at which time Judge Leath …
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… with the knife unless she performed oral sex on him. She complied. Then he made her take her pants off. He directed … CONSENT DEPRIVED DEFENDANT OF HIS ONLY DEFENSE AND A FAIR TRIAL. (Not Raised Below). 11 A-1518-14T4 POINT II THE … disturb it. State v. Case, 220 N.J. 49, 65 (2014); State v. Fuentes, 217 N.J. 57, 73 (2014). Had we upheld defendant's …
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… years of parole ineligibility, subject to Megan's Law and Community Supervision for Life. I. Alicia and Betty revealed … Betty stated that defendant had the pictures saved on a flash drive, which he kept in his wallet. The young women's … pleaded guilty, the rule was well-settled that fundamental fairness required that a defendant be advised of the …
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… J. ROE; KEVIN G. ROE; AND THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., a Corporation of the State of Maryland, … JOHN BONGARDINO; and THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., a Corporation of the State of Maryland, … reimbursement of professional expenses "is neither unfair nor violative of public policy"). 2. Adoption of …
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… law, we affirm. I. On August 15, 2019, plaintiff filed his complaint against defendants seeking compensatory and … where "there is any other reason which might preclude a fair and unbiased hearing and judgment, or which might … in finding his CEPA claim was untimely filed because he misclassified Cina's pattern of conduct over the years as …
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… DOCKET NO. A-0129-20 IN RE: PRUDENTIAL LIFE INSURANCE COMPANY OF AMERICA TORT LITIGATION LINDA GUYDEN, … Harper was effectuated. The remand judge found the "only fair reading" of the colloquy among Harper, Watkins, and … of a claim for failure to comply with discovery is the "last and least favorable option." Il Grande v. DiBenedetto, …
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… failure to cure its default in payment or to respond to the complaint in this action. I. The facts derived from the … [] 2018, but as I stated earl[ier] he paid no taxes for the last quarter of 2018, nor did he pay any taxes for the first … of discretion." Id. at 467 (citing DEG, LLC v. Twp. of Fairfield, 198 N.J. 242, 261 (2009)). To warrant reversal, …
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… The same judge (the judge) issued an order and rendered a comprehensive written decision adjudicating the three … center inside a CVS pharmacy building located in a General Commercial (GC) Zone that had been vacant for approximately … (1990) (alteration in original) (quoting Kohl v. Mayor of Fair Lawn, 50 N.J. 268, 275 (1967)). The Municipal Land Use …
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… start time of their shifts, without pay, so that they could complete roll call and other preliminary duties and be … on patrol. The City based its authority to require an uncompensated ten-minute muster period on Section 8.03 of the … debatable. (Pp. 11-13) 3. PBA and the City, bargaining fairly at arm’s length, determined that a mutually-selected, …
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… In this appeal, the Court considers whether an order that compels arbitration as to one or more, but not all, claims … in court, to have a jury trial, or to participate in a class action regarding any of the claims subject to … fraud and breach of implied covenant of good faith and fair dealing,” including unconscionability under Section 302 …
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… 2C:11-3a(1)-(2) (count one); second-degree conspiracy to commit robbery, contrary to N.J.S.A. 2C:5-2 (count two); … and added that he heard defendant say "you robbed my man last week" before shooting Crenshaw. Fontoura showed Salimi … clarity so that the opposing party has a full and fair opportunity to respond." Ibid. Although the State must …
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… SOLUTIONS, INC., Plaintiff-Respondent, v. MERCER INSURANCE COMPANY OF NEW JERSEY, INC., Defendant/Third-Party … to its complaint, Reynolds developed and provided "automobile dealer management systems" (DMS) to automobile … to include a claim for breach of the duty of good faith and fair dealing. Mercer filed responsive pleadings, including a …