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… Argued October 21, 2019 – Decided February 13, 2020 Before Judges Fasciale, Rothstadt and Mitterhoff. On appeal … 3 A-4322-17T4 and sole occupant. White smoke was visible coming from the engine compartment of the BMW. Officer Adams … occasions. These suspensions stemmed from convictions originating in the Palisades Interstate Parkway Municipal …
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… DOUGLAS BLOCK, SYDNEY B. REALTY, LLC, and CRAM IT, LLC, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … (David J. Byrne, on the brief). PER CURIAM In this commercial condominium dispute, Michael Volovnik, and his … "did not add anything to the condominium unit" that was not originally a part of the structure. The judge therefore …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … N.J.S.A. 2C:17-1(b)(1), and one count of conspiracy to commit arson, N.J.S.A. 2C:5-2(a)(1). They subsequently … Roseman, 221 N.J. at 621 (second alteration in original) (quoting State v. Watkins, 193 N.J. 507, 520 …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Moores attempted to get payment from their flood insurance company and their homeowners' insurer. When those efforts … either as obligor or obligee, who was not a party to the original duty." Restatement (Second) of Contracts § 280 (Am. …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … September 6, 2016 order that dismissed with prejudice the complaint he filed against defendants Critter Control of New … 398 N.J. Super. 344, 353 (App. Div. 2008) (alteration in original). A litigant generally cannot assert the rights of …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … matrimonial appeal, we consider whether a court may compel reimbursement of college tuition, forensic … Hawxhurst, 318 N.J. Super. at 84 (alterations in original) (quoting 26 C.F.R. § 1.401(a)-13(c)(1)(ii)). The …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … charged under three separate indictments for offenses she committed in May 2018. On May 5, 2018, defendant approached … to -10, 'are designed to realign the PTI program to its original purpose to divert from prosecution first time …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … At issue is the propriety of the prosecutor's closing comments on a seven-minute segment of surveillance footage, … State v. Jackson, 211 N.J. 394, 408 (2012) (alterations in original) (quoting State v. Williams, 113 N.J. 393, 447-48 …
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… DIVISION DOCKET NO. A-4209-19 H and H MANUFACTURING COMPANY, INC., a/k/a H&H, Plaintiff-Respondent, v. MARK TOMEI, Individually and as Guardian ad Litem for VINCENT TOMEI, Defendants-Appellants, and ESTATE OF … intending no disrespect. 3 A-4209-19 I. This appeal has its origins in two actions that involve the control and …
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… Submitted November 15, 2021 – Decided February 2, 2022 Before Judges Rothstadt and Mayer. On appeal from the Superior … (Shawn), which the trial court entered after finding Bella committed the predicate act of harassment, N.J.S.A. … J.D. v. M.D.F., 207 N.J. 458, 473 (2011) (alteration in original) (quoting State v. Hoffman, 149 N.J. 564, 10 …
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… Argued January 5, 2022 – Decided January 14, 2022 Before Judges Whipple, Geiger, and Susswein. On appeal from … Part proceedings. The parties married in 1992. Following a complicated pregnancy, Jerry was born in 2000. At age three, … I hereby certify that the foregoing is a true copy of the original on file in my office. _\ ~~ CLERK OF THE AP~TE …
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… Submitted October 25, 2021 – Decided November 19, 2021 Before Judges Fasciale and Firko. On appeal from the Superior … judge granted defendant K.A.R.'s (mother) cross-motion to compel cooperation relative to parenting time and granted … justice.'" Cesare, 154 N.J. at 412 (first alteration in original) (quoting Rova Farms Resort, Inc. v. Invs. Ins. Co. …
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… Argued September 15, 2020 – Decided Before Judges Fisher, Moynihan, and Gummer. On appeal from the … RECONSTRUCTION EXPERT AND BY THE PROSECUTOR'S IMPROPER COMMENTS DURING SUMMATION. Unpersuaded, we affirm. At trial, … 388 N.J. Super. 485, 500 (App. Div. 2006) (emphasis in original); see also N.J.S.A. 2C:2-3(c). We agree with the …
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… Submitted November 10, 2020 – Decided Before Judges Yannotti, Haas, and Natali. On appeal from the … MESSAGES. (Not Raised Below). POINT III THE PROSECUTOR'S COMMENTS DURING HER OPENING AND CLOSING DEPRIVED DEFENDANT … v. Garrison, 228 N.J. 182, 200 (2017) (first alteration in original) (quoting State v. Rose, 206 N.J. 141, 161 (2011)). …
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… Submitted December 7, 2020 – Decided Before Judges Rothstadt and Mayer. On appeal from the Superior … Doherty's motion for summary judgment, dismissing their complaint and denying their motion to reopen and extend … 39:6A-8. Thereafter the parties pursued discovery. The original discovery end date, February 18, 2019 was first …
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… Submitted September 16, 2021 – Decided October 4, 2021 Before Judges Fuentes, Gilson, and Gooden Brown. On appeal … The Foundational Documents Were Offered In Evidence, Before Completing Direct, Before Cross-Examination Of The Alcotest … vehicle in violation [of N.J.S.A. 39:4-50]." (alteration in original) (quoting Strelecki v. Coan, 97 N.J. Super. 279, …
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… Submitted March 17, 2021 – Decided July 9, 2021 Before Judges Vernoia and Enright. On appeal from the Superior … there were "two or three windows," to make sure "nobody was coming out of the windows." When officers began knocking on … State v. Rockford, 213 N.J. 424, 440 (2013) (alteration in original) (quoting State v. Robinson, 200 N.J. 1, 15 …
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… Submitted May 25, 2021 — Decided June 10, 2021 Before Judges Yannotti and Mawla. On appeal from the Superior … her own. In November 2018, M.C. filed a domestic violence complaint and following a trial received an FRO on December … COMMON- LAW DEFENSE OF NECESSITY. POINT IV: [DEFENDANT]'S ORIGINAL COUNSEL WAS CONSTITUTIONALLY INEFFECTIVE. "The …
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… (A-1875-19) October 13, 2021 – Decided February 28, 2022 Before Judges Currier, DeAlmeida and Smith. NOT FOR … issue on appeal. Patterson also argues his sentencing court committed error when it: applied a rebuttable presumption in … intent behind the [previous] act." Ibid. (alterations in original) (quoting James, 216 N.J. at 564). An ameliorative …
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… Submitted May 16, 2022 – Decided May 26, 2022 Before Judges Fasciale and Vernoia. On appeal from the … charge—attempted theft in the second indictment—and recommend defendant receive an aggregate five-year prison … v. Nuñez-Valdéz, 200 N.J. 129, 139 (2009) (alteration in original) (quoting State v. DiFrisco, 137 N.J. 434, 457 …