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… Argued May 13, 2019 – Decided May 31, 2019 Before Judges Messano and Rose. On appeal from Superior Court … Honor His Refusal To Consent To The Search. B. The Rental Company Could Not Give "Third-Party Consent" To Search. C. … Constitution, a warrantless search is presumed invalid, and places the burden on the State to prove the search "fall s …
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… Submitted January 15, 2019 – Decided August 6, 2019 Before Judges Suter and Geiger. On appeal from the New Jersey … Michael Barry (petitioner) appeals a final decision by the Commissioner of the Department of Environmental Protection … the terms of the permit. He claimed the construction took place entirely outside of the area restricted by the …
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… Submitted July 9, 2018 – Decided Before Judges Yannotti and Haas. On appeal from Superior Court … Indictment No. 10-02-0238 with third-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2, N.J.S.A. 2C:18-2 (count … No. A-2010-11, slip op. at 4-5. The Singh burglary took place on August 22, 2009; the Claudino burglary occurred on …
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… CABLE AMERICAN, INC., and NORTH AMERICAN CABLE EQUIPMENT COMPANY, INC., Defendants-Respondents, and RUSSIAN MEDIA … Argued April 30, 2018 – Decided Before Judges O'Connor and Vernoia. On appeal from Superior … undue delay, bad faith, and [that] such an amendment would place undue burden on defendants." Plaintiff did not seek …
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… v. BOARD OF REVIEW, DEPARTMENT OF LABOR, and DOW JONES & COMPANY, INC., Respondents. _____________________________ … Argued March 27, 2019 – Decided April 11, 2019 Before Judges Nugent and Mawla. On appeal from the Board of … leaving her employment because the stress in her workplace aggravated a medical condition. She contends the …
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… Submitted March 6, 2019 – Decided April 4, 2019 Before Judges Koblitz, Currier and Mayer. NOT FOR PUBLICATION … her in 2012. When the Division filed its 5 A-2185-17T1 complaint for custody of I.S. on March 22, 2015, a final restraining order was in place between C.S. and W.S. During the early hours of March …
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… Submitted September 20, 2018 – Decided Before Judges Accurso and Vernoia. On appeal from Superior … for many years and at various times owned three trucking companies, 3 A-5389-16T2 J.K. Enterprises, Koenig … that Cadles demanded all of the settlement proceeds be placed in escrow and requested a plenary hearing "for the …
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… Submitted December 10, 2018 – Decided Before Judges Sabatino and Haas. On appeal from Superior Court … CURIAM Plaintiff KVK Tech, Inc. ("KVK") and its affiliate company, co-plaintiff Amrutham, Inc. ("Amrutham"), appeal … after depositions of several persons in the Somerset action placed in dispute the veracity of Shanmugam's …
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… Submitted September 24, 2018 – Decided Before Judges Messano and Rose. On appeal from Superior Court … cocaine, N.J.S.A. 2C:35- 5(10)(a)(1). The State agreed to recommend a seven-year term of imprisonment with five years of … the certain persons offense, defendant admitted he placed a gun in his bedroom "[i]n between [his] clothes[,]" …
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… MIND NUTRITION, Plaintiffs-Appellants, v. AMGUARD INSURANCE COMPANY, Defendant, and KAPATOES INSURANCE SERVICES and MARK … Submitted November 27, 2017 – Decided Before Judges Sabatino and Whipple. On appeal from Superior … coverage, plaintiffs contacted Kapatoes to obtain replacement coverage with a different insurer. After a series …
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… Submitted November 2, 2016 – Decided Before Judges Fuentes and Gooden Brown. On appeal from … that defendant employed "a screw and/or a shank" in the commission of the crimes, elevating the attempted escape and … completely through the metal." A piece of masking tape was placed over the gouge and painted with blue paint to match …
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… Submitted October 30, 2017 – Decided Before Judges Ostrer and Rose. On appeal from Superior Court … opinion: In brief, the kidnapping and assault took place in the pre-dawn hours of November 21, 2009. The victim … to a new trial based upon newly discovered evidence. In a comprehensive oral opinion issued on January 8, 2016, Judge …
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… Argued October 3, 2017 – Decided Before Judges Sumners and Moynihan. On appeal from Superior … Jersey Division of Motor Vehicle records and defendant's Computerized Criminal History. 4 A-5411-15T1 The motion … conduct an "exploratory investigation and pry[] into hidden places for that which is concealed" so as to constitute a …
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… Argued September 11, 2017 – Decided Before Judges Accurso and O'Connor On appeal from Superior … been chronically pulled for at least two to three months, commencing around the time the mother first noted the baby's … and/or continuation of forceful hair pulling" and, thus, placed the baby in a position of and failed to protect her …
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… ESQ., Defendants-Respondents, and FRAZER EVANGELISTA & COMPANY, LLC, and RALPH J. EVANGELISTA, Defendants. Argued October 3, 2017 – Decided Before Judges Yannotti and Carroll. On appeal from the … I. We provide a detailed procedural history in order to place this appeal in proper perspective. In October 2009, …
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… Argued September 27, 2017 – Decided Before Judges Fuentes, Manahan and Suter. On appeal from … August 1, 2013, to provide proof of a written mortgage commitment in the amount of $150,000, in furtherance of her … home for $215,000. 4 A-1950-15T2 been going all over the place over the last several years so I don't find any basis …
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… Argued April 10, 2018 - Decided Before Judges Reisner, Gilson, and Mayer. On appeal from … trial. On August 4, 2015, the judge signed a DJOD and placed her statement of reasons on the record. Under the … lifestyle budget and an individual budget. Plaintiff completed the CIS forms using the family's monthly bills, …
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… telephonically April 13, 2018 – Decided April 30, 2018 Before Judges Currier and Geiger. On appeal from Superior … David A. Dorey, on the brief). PER CURIAM In this commercial matter pertaining to an agreement entered into by … an arbitrator in 2010, and the arbitration hearings took place over several days in September 2015. The arbitrator …
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… Submitted November 6, 2017 – Decided Before Judges Messano and O'Connor. On appeal from Superior … to the delicatessen after receiving a report Russo did not come home A-5189-15T1 3 the previous evening. The police … Approach To The Issue Of Prosecutorial Misconduct Is Now In Place And Should Be Used For Review. In his brief, defendant …
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… telephonically April 9, 2018 – Decided April 23, 2018 Before Judges Nugent, Currier, and Geiger. On appeal from … judge improperly permitted the victim to prosecute the complaint and then question him about prior bad acts. … filed on June 7, 2012, and the municipal court trial took place on September 24, 2013. Defendant's first reference to …