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… without the benefit of a jury, could be subject to harmless error review in the wake of Erlinger v. United States, … doubt, whether the defendant’s past offenses were “committed on occasions different from one another” under the … does not impose an enhancement despite making the requisite factual findings. Even if the Court does consider the …
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… however, that unlike the subject property, those he compared did not have sanitary sewer or municipal water … 3. In 66 East Allendale, the Court applied those principles in the context of a purported highest and best use that … 121-22. The defendant had previously applied for the requisite variance in seeking a development permit but withdrew …
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… defendant spoke little English and stated that he was more comfortable with Spanish, Detective Richard Ramos assisted … his or her literacy and educational background. Nevertheless, in this case, because sufficient credible evidence in … defendant spoke little English and stated that he was more comfortable with Spanish, Detective Richard 4 Ramos assisted …
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… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS _____________________________________ … on the possibility that discovery may establish the requisite claim; rather, the legal 6 requisites for plaintiff’s … Jersey’s Uniform Fraudulent Transfer Act (“UFTA”) allows creditors to seek property, even after the debtor has …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY LAW … to Colony- Dune, which also encountered financial struggles of its own and accordingly, construction of Xanadu … on the possibility that discovery may establish the requisite claim; rather, the legal requisites for plaintiff’s …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CAMDEN … toward a party or a party’s lawyer . . . .” The court rules also speak to this issue. Rule 1:12-1(g) directs judges … 14 years prior. Plaintiffs’ counsel was a member of the opposite party and also resided in the same town and was …
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… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS … to this court’s subsequent July 2018 1 The above captioned complaints pertain to Freehold’s appeals seeking placement … alleged that the Subject’s assessment for each tax year was less than its true value. On February 9, 2016, CHSI, through …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS RACETRACK SUPERMARKET LLC, MICHAEL P. … Background In this action, plaintiffs, a limited liability company maintaining its principal offices in Cherry Hill, … toward a party or a party's lawyer ... n 7 The court rules also speak to this issue. R. 1:12-l(g) directs judges to …
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… Realty, LLC and 116 Newark Avenue Realty, LLC in three commercial summary dispossess actions based on nonpayment of … of possession and the orders disbursing the funds deposited with the court to plaintiffs. I. The three leases … covenant of good faith and fair dealing, equitable principles, and because the risk of loss was borne by plaintiffs. …
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… S. Ct. 2111 (2022). He also contends multiple errors were committed at trial, including: (1) the trial court failed to … may be lawfully transported; and (3) the prosecutor committed numerous instances of misconduct. 3 A-0921-20 The … reviewing the record in view of the governing legal principles, we also reject defendant's contentions with respect to …
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… alcohol and saw no indicia of defendant being drunk. Nonetheless, Smith asked defendant to exit the car so Aracque, who … a designer drug of the phenethylamine class, more commonly known as bath salts.1 A Union County grand jury … specific instructions relating to Internet use and communications with others about the case. I agree that …
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… in part, on factual findings that were unsupported by competent, credible evidence in the record. We therefore … the offense"), three ("[t]he risk that the defendant will commit another offense"), and nine ("[t]he need for … with defendant reserving her right to argue for a lesser sentence. During her plea, defendant stated on the …
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… to one of two lots they own (Lot 21). The ruling enables them to make use of most of an unpaved private … the judge ruled the terms of the easement did not encompass the disputed approximate 200 feet, and instead … are well known to the parties, and we need not detail it comprehensively here. The following summary will suffice. 4 …
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… involves whether a party to a contract waived its right to compel arbitration by its conduct in a lawsuit it initiated. … dispositive, Cole factors after Morgan. Nevertheless, that particular factor is not controlling in this … Notably, Marmo's complaint was accompanied by the requisite Rule 4:5- 1(b)(2) certification disclosing whether …
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… 16, 2022 order that denied her motion to reinstate her complaint as well as her request for substituted service on … insurance carrier, New Jersey Manufacturer's Insurance Company (NJM). After a thorough review of the record and the applicable legal principles, we reverse and remand for further proceedings as set …
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… appeals from a trial court order staying all claims in her complaint pending arbitration, including her claim that … of CSJPR; or CSJPR is dissolved, ceases operations or files for bankruptcy. Plaintiff's first day of work was … an accurate profile on the State Department of Health's website"; and possess a "current controlled substance …
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… Whipple, Mayer and Paganelli. On appeal from the New Jersey Commissioner of Education, Docket No. 43-3/21. Freeman Law … "Moreover, it is the policy of this state to encourage less-adversarial means to resolve, A-2764-21 5 efficiently … 59:8-8. The notice of claim is a procedural pre-requisite to filing a tort suit against a public entity. It …
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… motion on procedural grounds; impute capital gains income to plaintiff from the sale of a home she received in … regular pay up to a maximum of $300,000[] excluding bonus, less [plaintiff's] imputed income or her actual income if it … 1, 2012. The DSA further stated: Child support shall be revisited at such time as each child is attending …
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… later be decided after a plenary hearing. Pending the upcoming custody hearing, the parties continued to experience … temporarily establishing interim parenting time schedules.3 The May 2021 consent order gave plaintiff custody of … shall have [Eden] overnight on Mondays and Tuesdays, commencing on Monday afternoons when [defendant] picks up …
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… and Tom Cusimano, and dismissed plaintiff's two-count complaint with prejudice. The second denied plaintiff's … us, plaintiff argues the court improperly dismissed its complaint prior to the completion of discovery. It further … by the parties' competing certifications, but nonetheless, concluded the provisions were deficient as a matter of …