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njcourts.gov
… Submitted January 31, 2017 – Decided Before Judges Messano and Suter. On appeal from Superior Court … motion for a new trial and directed verdict. We affirm. The comments of plaintiff's counsel made during summation, … Bender, supra, 187 N.J. at 431 (2006) (alteration in original) (quoting Colucci v. Oppenheim, 326 N.J. Super. …
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njcourts.gov
… Argued October 3, 2019 – Decided August 27, 2020 Before Judges Fuentes, Mayer, and Enright. On appeal from the … was valued at approximately $3,000,000, and her annual income exceeded her living expenses. Thus, the court ordered … saving of death taxes. [Keri, 181 N.J. at 59 (alteration in original) (quoting Trott, 118 N.J. Super. at 442-44).] 1 …
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njcourts.gov
… Submitted November 12, 2019 – Decided August 11, 2020 Before Judges Moynihan and Mitterhoff. On appeal from the … a letter from his assigned counsel annexed that detailed "compelling reasons for admission." The letter explained that … State v. Nwobu, 139 N.J. 236, 253 (1995) (alteration in original) (quoting State v. Kraft, 265 N.J. Super. 106, 112 …
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njcourts.gov
… Submitted September 9, 2019 – Decided Before Judges Fasciale, Moynihan and Mitterhoff. On appeal … defendant maintains that plaintiff did not substantially comply with the notice requirements under the TCA and failed … Dep't of Corr., 208 N.J. 1, 21- 22 (2011) (alteration in original) (citations omitted).] On this record, and …
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njcourts.gov
… Submitted January 10, 2019 – Decided July 30, 2019 Before Judges O'Connor and DeAlmeida. On appeal from the New … use variance and site plan approval. After the NJSEA staff commenced public hearings, MEPT withdrew its application … party, or be precluded from filing a new application if the original one is deemed withdrawn with prejudice. Even if …
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njcourts.gov
… Plaintiffs-Appellants, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant-Respondent. __________________________ … Submitted February 6, 2019 - Decided July 30, 2019 Before Judges Fuentes and Accurso. On appeal from the Superior … looked like misstatements in the application." Without the original insurance application or testimony from anyone at …
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njcourts.gov
… NO. A-5201-18T2 IN THE MATTER OF CONTESTING OF INVOICE FOR FY 2019 FLEMINGTON WET WEATHER FACILITY … 7:14A-3.1(b)(3). The DEP is required to hold a hearing for comments 1 The RT Authority has appealed the final NJPDES … 434 N.J. Super. 88, 103 (App. Div. 2014) (alteration in original) (quoting In re Holy Name Hosp., 301 N.J. Super. …
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njcourts.gov
… Submitted October 14, 2020 – Decided Before Judges Moynihan and Gummer. On appeal from the Superior … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. 4 A-5662-18T2 ineffective for … was pleading; "the possibility of going to trial on all the original charges"; the potential exposure on each of those …
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njcourts.gov
… INSURANCE GUARANTEE ASSOCIATION AND PLYMOUTH ROCK INSURANCE COMPANY, Defendants-Respondents. … 1 Improperly pled as High Point Assurance. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … the "reasonable belief" language in an insurance policy was originally designed to place an outer limit on those …
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njcourts.gov
… OF SOMERVILLE, LINCOLN HOSE FIRE CO #4, and LINCOLN HOSE COMPANY, Defendants, and BRUCE VAN ARSDALE, … Submitted May 26, 2020 – Decided May 28, 2020 Before Judges Sabatino, Sumners and Geiger. NOT FOR … a fair and impartial trial could not occur in the county of origin. R. 4:3-3(a). The court also did not commit …
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njcourts.gov
… Submitted April 27, 2020 – Decided May 13, 2020 Before Judges Rothstadt and Mitterhoff. On appeal from the … Highlands. The property was owned by the decedent's holding company, Scheller Properties, LLC (Scheller Properties). … by way of the plain language.'" (second alteration in original) (quoting O'Connell v. State, 171 N.J. 484, 488 …
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njcourts.gov
… Argued May 15, 2018 – Decided July 31, 2018 Before Judges Fasciale, Sumners and Natali. On appeal from … restoration and enhancement. Public Service Electric & Gas Company (PSE&G), seeking to fulfill to its state-mandated … provides that "[t]he appellate court may exercise such original jurisdiction as is necessary to the complete …
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njcourts.gov
… Submitted April 12, 2018 – Decided Before Judges Rothstadt and Gooden Brown. On appeal from … 466 U.S. at 687-88. This standard of "reasonable competence," Fritz, 105 N.J. at 60, "does not require the … result unreliable." Fritz, 105 N.J. at 52 (alteration in original) (quoting Strickland, 466 U.S. at 687). Defendant …
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njcourts.gov
… Submitted January 6, 2020 – Decided April 22, 2020 Before Judges Rothstadt and Moynihan. On appeal from the … without an evidentiary hearing. Indicted for conspiracy to commit robbery in the second-degree, N.J.S.A. 2C:5-2(a)(1) … Nuñez-Valdéz, 200 N.J. 129, 139 (2009) (first alteration in original) (quoting State v. DiFrisco, 137 N.J. 434, 457 …
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njcourts.gov
… Submitted March 2, 2020 – Decided March 18, 2020 Before Judges Sumners and Geiger. On appeal from the Board of … 2C:47-1 to -10, because there was no "clear finding of compulsive sexual behavior." During the sentencing hearing, … fairness.'" Herrmann, 192 N.J. at 28-29 (alteration in original) (quoting In re Polk, 90 N.J. 550, 578 (1982)). If …
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njcourts.gov
… Argued May 13, 2019 – Decided May 29, 2019 Before Judges Fasciale and Rose. On appeal from Superior Court … 157 N.J. 463, 471-72 (1999). The rule of deference is more compelling where, as here, the municipal and Law Division … has been or is being committed." Ibid. (alterations in original) (internal quotation marks omitted). Although it is …
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njcourts.gov
… ——————————————— Argued May 8, 2019 - Decided May 23, 2019 Before Judges Nugent and Mawla. On appeal from Superior Court … motion to enforce the parties' settlement agreement and compelling defendant to sign the QDRO. Specifically, the … I know that you did not receive a prompt response to your original inquiries, but my client was under the impression …
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njcourts.gov
… Submitted May 1, 2019 – Decided May 17, 2019 Before Judges Accurso, Vernoia and Moynihan. On appeal from … 1 The ABC also stayed the license suspension pending the outcome of Akshar's appeal. 2 We limit our summary of the facts … Board. Because the record on appeal does not include the original surveillance footage or the transcript of the ALJ's …
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njcourts.gov
… Submitted April 3, 2019 – Decided May 2, 2019 Before Judges Vernoia and Moynihan. On appeal from the New Jersey Civil Service Commission, Docket No. 2014-716. Alterman & Associates, LLC, … based on a person's race, creed, color, religion, national origin, ancestry, marital status, affectional or sexual …
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njcourts.gov
… Submitted April 8, 2019 – Decided April 29, 2019 Before Judges Messano and Fasciale. On appeal from Superior … following oral argument. Later, she issued an order accompanied by a written statement of reasons. The judge … N.J. Super. 242, 249 (App. Div. 1989) (first alteration in original). The Marko panel cited this precise language. 386 …