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… ___________________________ BASF CORP., NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … as well as flood hazard areas. The Toms River Chemical Company developed 320 acres of the property for the … that effect was unlikely. Indeed, the zoning ordinance was ultimately amended to remove high-density housing, and the …
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… Argued September 15, 2020 – Decided Before Judges Yannotti, Haas and Natali. On appeal from the … twice a month and 5 A-4883-18T3 plaintiff would sometimes accompany him, plaintiff stated that "he was primarily living … enforceability of the Agreement. Plaintiff and defendant ultimately signed the 9 A-4883-18T3 Agreement before a …
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… Argued October 15, 2020 – Decided Before Judges Alvarez and Geiger. On appeal from the Superior … internal medicine at Jersey City Medical Center, which he completed in June 1996. From July 1996 until August 1998, … Inc., 270 N.J. Super. 390, 395 (App. Div. 1994). The ultimate sanction of dismissal with prejudice must be …
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… Argued October 13, 2020 – Decided Before Judges Sabatino, Currier, and Gooden Brown. On appeal … (2017), applying those constitutional principles. Defendant committed felony murder as a seventeen-year-old juvenile in … judge's hands were not tied as much as he thought, because ultimately the sentence imposed must be a constitutional …
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… Argued October 28, 2020 – Decided Before Judges Sumners and Geiger. On appeal from the Superior … 2017 judgment of conviction and sentence for conspiracy to commit first-degree robbery, third-degree possession of a … statement was admissible in evidence. Moreover, the ultimate use of Herbert's denial that a certain phone number …
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… elements using colored pencils. Because several students complained they did not understand Loreno's assignment, … from defendant terminating her employment. The decision was ultimately made by Haggerty, on advice from Frederique and … colloquy that followed opening arguments, the judge revisited the subject of "the relevance of admissibility of …
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… Submitted February 1, 2021 – Decided March 24, 2021 Before Judges Currier, Gooden Brown and DeAlmeida. On appeal … Jersey, Law Division, Camden County, Docket No. L-0350-17. McOmber McOmber & Luber, PC, attorneys for appellant (R. … Significantly, this "burden merges with the plaintiff's ultimate burden of persuading the court that she or he was …
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… PELLA WINDOWS, Defendants. ____________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … . R. 1:36-3. 2 A-2088-17T3 CUMBERLAND MUTUAL INSURANCE COMPANY, INC., Plaintiff, v. ROBERT and JANET MCEWAN, BOB … consultants and experts, they eventually gutted the house, ultimately demolishing it in May 2015. They have since …
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… Argued telephonically May 4, 2020 – Decided June 11, 2020 Before Judges Sabatino, Sumners and Geiger. On appeal from the … based on his training and experience, he understood this comment to mean defendant had two bundles of heroin on his … King factors should not be applied mechanically, and that, ultimately, the totality of circumstances dictate the …
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… (A-0175-20) July 27, 2021 – Decided September 13, 2021 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … about a parking easement on property situated between two commercial properties in Dunellen granted by deed in 1987, … Chancery judge heard arguments on the parties' motions and ultimately denied RESOL53's motion, disagreeing with …
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… Submitted February 9, 2021 – Decided June 2, 2021 Before Judges Gilson and Moynihan. On appeal from the Superior … defendant Brittany L. Burnett appeals her conviction and concomitant sentence for third-degree aggravated assault on a … Allah, 170 N.J. 269, 281 (2002). 25 A-2349-19 The procedure ultimately employed by the trial court was an appropriate …
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… Argued March 8, 2021 – Decided May 25, 2021 Before Judges Currier, Gooden Brown and DeAlmeida. On appeal … for their charitable foundation. The project was never completed and plaintiffs eventually sold the property for … recovery and advised of the amount of fees Spero would ultimately charge, as well as the astronomical amount of …
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… Submitted February 2, 2021 – Decided May 24, 2021 Before Judges Fisher, Moynihan and Gummer. On appeal from the … to the child's learning environment and necessary accommodations. 20 U.S.C. § 1414(d)(1)(A)(i). 9 A-0984-18 … primarily in the context of ascertaining if, as defendant ultimately contended, someone other than she had shot the …
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… Submitted February 3, 2021 – Decided August 25, 2021 Before Judges Ostrer, Accurso, and Vernoia. On appeal from the … discovered what she described as a draft will on Fou's computer showing the family had personal and business assets … loss is equal to "whatever she would have gotten ultimately by way of the divorce." O'Donnell also explained …
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… Argued November 2, 2020 – Decided August 17, 2021 Before Judges Messano, Hoffman, and Suter. On appeal from the … 3 A-4920-18 the trial court's orders dismissing plaintiff's complaint against all defendants under Rule 4:6-2(e) for … the existence of a duty of care to avoid harm to another is ultimately governed by fairness and public policy." Ibid. …
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… Submitted February 24, 2021 – Decided Before Judges Vernoia and Enright. On appeal from the Superior … a stun gun, $2,747 in cash, a digital scale, a stamp press commonly used to package controlled dangerous substances … that the "motion to suppress, if properly made, would ultimately have been successful." Id. at 37. In other words, …
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… Submitted February 24, 2021 – Decided July 29, 2021 Before Judges Ostrer, Vernoia, and Enright. On appeal from the … granting defendants summary judgment on all counts of the complaint other than the eighth count, which alleges the … written decisions, or reasons given for [trial courts'] ultimate conclusion[s]," Hayes v. Delamotte, 231 N.J. 373, …
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… Submitted February 1, 2021 – Decided July 27, 2021 Before Judges Gooden Brown and DeAlmeida. On appeal from the … To Find Clear And Convincing Evidence Other Bad Acts Were Committed. B. The Trial Court Failed To Submit Required Jury … Div. 1999). "Once a prima facie showing is made, . . . the ultimate question of authenticity of the evidence is left to …
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… RIDGE AT BACK BROOK, LLC, a New Jersey limited liability company, Plaintiff-Respondent, v. THE EAST AMWELL TOWNSHIP … Submitted February 24, 2021 – Decided July 20, 2021 Before Judges Sumners and Mitterhoff. NOT FOR PUBLICATION … New Jersey Department of Transportation (NJDOT) has "the ultimate authority as to the placement of aeronautical …
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… Submitted March 24, 2021 – Decided July 13, 2021 Before Judges Ostrer, Vernoia, and Enright. On appeal from the … four years of employment with defendant, plaintiff filed a complaint alleging defendant violated the LAD by terminating … fact . . . demonstrat[ing] . . . [he] was targeted and ultimately terminated because he was [w]hite," or that …