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… Argued May 24, 2017 – Decided August 11, 2017 Before Judges Simonelli, Gooden Brown and Farrington. On … Plaintiffs vacated the property in August 2013, and filed a complaint for the return of their deposit. On June 3, 2014, … obstacles to closing would be resolved expeditiously. The original contract of sale dated August 10, 2010 set the …
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… ___________________________________ NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … NA, LLC (BMW Financial); dismissed their third-party complaint against BMW of North America, LLC (BMW NA), which … of Appeals. "[T]he proper medium for a challenge to the original bankruptcy court's order is through 18 A-1671-14T4 …
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… APPELLATE DIVISION DOCKET NO. A-4084-13T2 IN RE PETITION FOR AUTHORIZATION TO CONDUCT A REFERENDUM ON THE WITHDRAWAL … of education of the withdrawing district may petition the Commissioner of Education for permission to submit the … N.J. Super. 340, 355 (App. Div. 2010) (second alteration in original) (quoting Wnuck v. N.J. Div. of Motor Vehicles, 337 …
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… THE GREATER CHARGES AND THEREBY ENCOURAGED IMPROPER COMPROMISES. U.S. CONST. AMENDS. VI, XIV; N.J. CONST. ART. … and IV of defendant's arguments, which require that we revisit issues similar to those that guided our consideration … at the very beginning of deliberations. Each member of the original deliberating jury must set aside and disregard …
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… Submitted April 25, 2017 – Decided Before Judges Leone and Moynihan. On appeal from the Superior … 11-06-0593. Joseph E. Krakora, Public Defender, attorney for appellant (Margaret McLane, Assistant Deputy Public … the victim of a robbery. His 911 call was the source of the original dispatch of the officer. When 1 The judge's …
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… CHRYSLER JEEP DODGE, Defendants-Appellants, and NEW YORK COMMUNITY BANK, Defendant. Argued April 26, 2017 – Decided May 9, 2017 Before Judges Fuentes, Carroll and Farrington. On appeal from … just compensation."). This fundamental right is of ancient origin, preceding the founding of our Republic, and is found …
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… Submitted May 4, 2017 – Decided July 6, 2017 Before Judges Lihotz and O'Connor. On appeal from Superior … over his anticipated testimony before trial, as well as a comment made by a prospective juror during jury selection. … 305 N.J. Super. 57, 69 (App. Div. 1997) (alteration in original) (quoting State v. Grant, 254 N.J. Super. 571, 588 …
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… TOWNSHIP OF SOUTH HACKENSACK, NEW JERSEY MEADOWLANDS COMMISSION, TAIS HERNANDEZ, and AMY CHARTOFF, Defendants, … CHARTOFF, Defendant-Respondent/ Cross-Appellant. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … School Dist., 201 N.J. 544, 572 (2010) (alteration in original) (quoting Lewis v. Am. Cyanamid Co., 155 N.J. 544, …
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… Submitted May 3, 2017 – Decided Before Judges Accurso and Lisa. On appeal from Superior Court … a search conducted pursuant to, or as a consequence of, a communications data warrant authorizing the installation and … Laws, 50 N.J. 16 A-0070-15T3 159, 173 (1967) (alteration in original), cert. denied, 393 U.S. 971, 89 S. Ct. 408, 21 L. …
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… Argued December 13, 2016 – Decided Before Judges Messano, Guadagno and Suter. On appeal from the … with failing to properly signal, N.J.S.A. 39:4-126; and a complaint charging defendant with obstructing the … review de novo." Id. at 10 A-0853-15T1 248 (alteration in original) (quoting State v. Hubbard, 222 N.J. 249, 263 …
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… Argued January 24, 2017 – Decided Before Judges Messano and Guadagno. On appeal from the … Plaintiff, Howell Associates, L.L.C., filed a ten-count complaint in lieu of prerogative writs against defendants, … to amend or revise the [zoning] plan" (alteration in original) (citations omitted) (quoting Feiler v. Fort Lee …
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… Argued October 11, 2016 – Decided Before Judges Sabatino and Nugent. On appeal from Superior … two points on appeal: POINT I THE JURY INSTRUCTIONS SO COMPLETELY SEPARATED THE ISSUES OF SELF-DEFENSE AND JURY … Adams, supra, 194 14 A-4654-13T3 N.J. at 207 (alteration in original) (quoting State v. Jordan, 147 N.J. 409, 422 …
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… PENNSYLVANIA AVENUE LAND DEVELOPMENT, LP, PRA WALLINGFORD, LLC, O.E. ORANGE, LP, O.E., LP, FRONT STREET … 2 This order was amended on March 15, 2016 to correct a computation error. Defendants amended their notice of appeal … judgment was $1,199,556.09, taking into consideration the original amount of the judgment, the two levies and a fair …
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… Submitted May 2, 2017 – Decided Before Judges Messano and Grall. On appeal from the Superior … cases is limited. R. 1:36-3. October 11, 2017 2 A-3207-15T1 complaint in 2010, and they were divorced on March 28, … N.J. Super. 285, 291-92, 300 (App. Div. 1978) (exercising original jurisdiction to modify equitable 16 A-3207-15T1 …
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… Argued September 27, 2017 – Decided Before Judges Fuentes and Manahan. On appeal from New Jersey … the July 16, 1983 discovery of the victim's partially decomposed body in the bathtub of her home in Metuchen. An … REQUIRED TO CONSIDER, FOCUSED ENTIRELY ON THE FACTS OF THE ORIGINAL CRIME AND PLAINTIFF'S ASSERTION OF INNOCENCE, AND …
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… Submitted June 1, 2017 – Decided July 31, 2017 Before Judges Alvarez and Manahan. On appeal from the Superior … when he heard the victim's keys rattling, and heard her coming through the door and walking down the hallway. She … in which he acknowledged the possibility the sound may have originated from "upstairs over" him. He did not get up to …
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… Submitted October 6, 2016 – Decided Before Judges Fuentes and Gooden Brown. On appeal from the … (NERA), N.J.S.A. 2C:43-7.2. Defendant was also sentenced to community supervision for life, N.J.S.A. 2C:43-6.4, and … 417 N.J. Super. 134, 146-47 (App. Div. 2010) (alteration in original) (quoting Harris, supra, 181 N.J. at 421), certif. …
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… Submitted April 24, 2017 – Decided Before Judges Nugent and Haas. On appeal from Superior Court … gave chase. The officers followed defendant to an apartment complex and briefly lost sight of him. By that time, a … State v. Baum, 224 N.J. 147, 158-59 (2016) (alteration in original) (quoting State v. Reddish, 181 N.J. 553, 613 …
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… Submitted January 8, 2019 – Decided January 30, 2019 Before Judges Vernoia and Moynihan. On appeal from Superior … defendant was on juvenile probation at the time of the commission of the offenses. The custodial term imposed by … v. Nuñez-Valdéz, 200 N.J. 129, 139 (2009) (alteration in original) (quoting 10 A-0933-17T4 State v. DiFrisco, 137 …
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… Submitted March 27, 2019 – Decided July 22, 2019 Before Judges Fuentes, Vernoia and Moynihan. On appeal from … attorneys for respondent-intervenor New Jersey Natural Gas Company (Dennis J. Krumholz, of counsel and on the brief; … review." [SMB Assocs., 264 N.J. Super. at 46 (alteration in original) (quoting Elizabeth Fed. S & L Ass'n, 24 N.J. at …