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… Submitted May 20, 2019 – Decided July 3, 2019 Before Judges Messano and Gooden Brown. On appeal from an … to suppress his statement to detectives as well as his accompanying handwritten letter of apology to the alleged … State v. Yohnnson, 204 N.J. 43, 59 (2010) (alteration in original) (quoting State v. Presha, 163 N.J. 304, 313 …
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… Argued May 8, 2019 – Decided June 10, 2019 Before Judges Koblitz, Currier and Mayer. On appeal from … her application. Because we determined plaintiff had not complied with her obligation to provide 3 A-5281-16T4 … to review its 1 Defendant urges this court to exercise original jurisdiction under Rule 2:10-5 and determine the …
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… OF AMERICA, INC., CHILDREN OF AMERICA (PARSIPPANY), LLC and VISITEL ENTERPRISES, CORP., Plaintiffs-Appellants/ … 2017 order of the Law Division entered after trial of this commercial lease dispute. Defendants Pavilion Properties, … Pascale v. Pascale, 113 N.J. 20, 33 (1988) (alteration in original) (quoting Gallo v. Gallo, 66 N.J. Super. 1, 5 (App. …
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… Argued October 11, 2018 – Decided August 14, 2019 Before Judges Simonelli, Whipple and DeAlmeida. On appeal from … and financial information created by Concepcion. He completed mortgage applications in the names of the straw … regarding the maximum exposure on the charges D'Anna originally faced. As the court concluded, D'Anna did not …
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… Submitted March 12, 2019 – Decided August 6, 2019 Before Judges Rothstadt and Gilson. On appeal from the … from the Law Division's April 27, 2018 order dismissing its complaint with prejudice for failure to join necessary … been joined. [Raynor, 319 N.J. Super. at 602 (emphasis in original) (quoting Pressler, Current N.J. Court Rules, cmt. …
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… Argued May 3, 2018 – Decided August 13, 2018 Before Judges Haas, Rothstadt, and Gooden Brown. On appeal … emergency room at Raritan Bay Medical Center (Raritan Bay), complaining of severe abdominal pain on her right side. The … Auto. Grp., Inc., 206 N.J. 506, 521 (2011) (alterations in original) (quoting Lindenmuth v. Holden, 296 N.J. Super. 42, …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-2655-16T3 AVALONBAY COMMUNITIES, INC., Plaintiff-Respondent, v. TOWNSHIP OF … Submitted February 5, 2018 – Decided Before Judges Accurso and O'Connor. On appeal from Superior … Land Use Administration, § 32-4.1 (2018) (emphasis in the original) (citing Fobe Associates v. Mayor and Council of …
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… BRENNER, husband and wife, Plaintiffs-Appellants, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … of Transportation (DOT) because it owns and operates commercial vehicles incidental to its business operation. … in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United …
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… Argued November 27, 2018 – Decided Before Judges Suter and Geiger. On appeal from Superior Court … Fils-Aime and Whetstone. Shortly after defendant and his companion arrived, Fils-Aime started "mouthing off." … v. Castagna, 187 N.J. 293, 314- 15 (2006) (alteration in original) (quoting State v. Buonadonna, 122 N.J. 22, 42 …
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… Submitted March 12, 2019 – Decided April 5, 2019 Before Judges Hoffman and Geiger. On appeal from Superior … of false imprisonment, theft from the person, conspiracy to commit false imprisonment, possession of a weapon for an … 453 N.J. Super. 164, 190 (App. Div. 2018) (alteration in original) (quoting State v. Dimitrov, 325 N.J. Super. 506, …
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… Argued November 15, 2018 – Decided April 4, 2019 Before Judges Simonelli, O'Connor and DeAlmeida. On appeal … that our Supreme Court's holding in Spade v. Select Comfort Corp., 232 N.J. 504 (2018), issued after he filed … practice.'" Pisack, 455 N.J. at 240 (alterations in original) (quoting Lee, 203 N.J. at 521 (quoting N.J.S.A. …
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… Submitted November 26, 2018 – Decided Before Judges Sabatino, Haas and Sumners. On appeal from … exception to the law. [Hearing on A4303 Before the Assemb. Comm. On Law and Public Safety, 2009 Leg., 213th Sess., … Marino v. Marino, 200 N.J. 315, 329 (2009) (alteration in original)). Yet, a statute's plain language "should not be …
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… Submitted October 16, 2018 – Decided Before Judges Suter and Geiger. On appeal from Superior Court … OPENING STATEMENT 3 A-0099-17T4 URGING THE JURY TO "COME TO THE CONCLUSION, JUST LIKE THE STATE DID, THAT THIS … up against [her].'" Jerdan (slip op. at 5) (alteration in original). Defendant filed a timely pro se petition for PCR …
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… Argued October 23, 2018 – Decided Before Judges Yannotti and Gilson. On appeal from Superior … judgment in favor of defendants and dismissed plaintiff's complaint with prejudice. We affirm. I. In 1993, plaintiff … Doe v. Poritz, 142 N.J. 1, 99 (1995) (second alteration in original) (quoting Greenberg v. Kimmelman, 99 N.J. 552, 568 …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1517-17T2 COMMUNITY CORPORATION OF HIGH POINT, INC., … Argued September 12, 2018 – Decided Before Judges Yannotti and Natali. On appeal from Superior … injunction should not issue." Id. (emphasis in original) (citing R. 10 A-1517-17T2 4:52–1 and 2; Solondz v. …
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… Submitted January 10, 2017 – Decided Before Judges Reisner and Sumners. On appeal from Superior … 2 A-3999-14T1 A jury found defendant B.D.,Jr.1 guilty of committing first- degree aggravated sexual assault, N.J.S.A … 'shock[s] the judicial conscience.'" Ibid. (alteration in original) (citation omitted). If a sentencing court properly …
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… Argued April 27, 2017 – Decided Before Judges Hoffman and O'Connor. On appeal from Superior … on his finger. On the morning of March 10, he did not comply with the facility's procedures when he went to … result." Adams, supra, 194 N.J. at 207 (alteration in original) (quoting State v. Jordan, 147 N.J. 409, 422 …
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… Submitted September 12, 2017 – Decided Before Judges Fasciale, Sumners and Moynihan. On appeal from … and Laurie Patterson (collectively defendants), and concomitant dismissal with prejudice of his complaint alleging … 285 N.J. Super. 422, 431 (App. Div. 1995) (alteration in original) (quoting Fuentes, supra, 32 F.3d at 764). An …
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… Submitted January 18, 2017 – Decided Before Judges Ostrer and Vernoia. On appeal from the Superior … might have a Tevis claim, which negatively affected the outcome of her divorce. The trial court concluded that expert … of reasonable probability would have transpired at the original trial." Ibid. But this procedural choice does not …
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… APPELLATE DIVISION DOCKET NO. A-5141-13T2 DEPARTMENT OF COMMUNITY AFFAIRS, BUREAU OF ROOMING AND BOARDING HOUSE … assisting in administering their medication, supervising visitors and facilitating interaction with other service … 109 N.J. at 73-76 (acknowledging that interagency memo originally directed to agency members had significant impact …