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… BUSINESS TRUST, Third-Party Defendants- Appellants, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … is a principal of Saminvest, a real estate investment company. In 2005 and 2006, Saminvest, through Samost, was … discovery in the instant matter, it was revealed that the original draft of Walmart's letter closed with the final …
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… telephonically April 3, 2019 – Decided April 24, 2019 Before Judges Nugent and Mawla. On appeal from Superior Court … for nearly twenty-four years at the time plaintiff filed a complaint for divorce in November 2014. During the marriage, … 439 N.J. Super. 424, 444 (2015) (first three alterations in original) (quoting Painter, 65 N.J. at 214), provided "[i]t …
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… Argued September 20, 2017 – Decided Before Judges Fuentes, Koblitz, and Suter. On appeal from … to twelve hours at IDRC. He was to perform thirty days of community service. This sentence was to be served … State v. Moore, 181 N.J. 40, 46 (2004) (alterations in original) (quoting Schneider v. Simonini, 163 N.J. 336, 361 …
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… Argued February 5, 2018 – Decided July 27, 2018 Before Judges Vernoia and DeAlmeida. On appeal from the Commissioner of Education, Agency Docket No. 301-10/14. … authority." DiNapoli, 434 N.J. Super. at 238 (alteration in original) (citation omitted) (quoting O'Connell v. State, …
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… ESQ., BRIAN FRUEHLING, ESQ., and TICOR TITLE INSURANCE COMPANY OF FLORIDA, Defendants, and PAUL J. BURR, ESQ., … Argued December 4, 2018 – Decided January 17, 2019 Before Judges Yannotti and Rothstadt. NOT FOR PUBLICATION … Townsend v. Pierre, 221 N.J. 36, 54 (2015) (alterations in original) (quoting Polzo v. Cty. of Essex, 196 N.J. 569, 583 …
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… Argued February 4, 2019 – Decided February 26, 2019 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … & Associates, LLC and dismissing their legal malpractice complaint with prejudice. For the reasons that follow, we … in the malpractice action was the defendant in the original underlying action." Carbis Sales, Inc. v. …
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… Argued October 29, 2018 – Decided Before Judges Sabatino and Haas. On appeal from Superior Court … Jeshon Johnson with second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-1, N.J.S.A. 2C:25-1(b) (count … State v. Roach, 146 N.J. 208, 232 (1996) (alteration in original) (citations omitted) (quoting State v. Hicks, 54 …
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… Submitted August 8, 2017 – Decided Before Judges Hoffman and Currier. On appeal from Superior … THE DOMESTIC VIOLENCE ACT, AND NOT JUSTIFIED UNDER THE COMMUNITY CARETAKING DOCTRINE. ACCORDINGLY, SUPPRESSION … a reviewing court cannot enjoy.'" Ibid. (alteration in original) (quoting Robinson, supra, 200 N.J. at 15). "To the …
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… Argued March 16, 2017 – Decided Before Judges Espinosa, Suter and Guadagno. On appeal from the … with prejudice eight counts of plaintiffs' ten-count complaint. That order also denied plaintiffs' cross- motion … it did topple. And I believe that there was a flaw in the original agreement that we had reached. If we had reached an …
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… Submitted April 26, 2017 – Decided Before Judges Carroll and Gooden Brown. On appeal from the … a controlled dangerous substance (CDS), alprazolam, commonly known as Xanax, N.J.S.A. 2C:35-5(a)(1) (count … FAILED TO FILE MERITORIOUS PRE-TRIAL MOTIONS. . . . . B. ORIGINAL AND SUBSEQUENT PLEA COUNSELS FAILED TO INVESTIGATE …
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… Submitted September 19, 2017 – Decided Before Judges Yannotti and Mawla. On appeal from Superior … POINT III THE DEFENDANT WAS PREJUDICED BY THE PREMATURE COMMENCEMENT OF HIS TRIAL. POINT IV SEEN EVEN UNDER THE MOST … and the trial court's order all indicate defendant was originally sentenced on January 28, 2005. However, we …
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… and STERLING CARTING, INC., a New Jersey Limited Liability Company, Defendants-Respondents. … Argued April 16, 2018 – Decided May 7, 2018 Before Judges Sabatino, Ostrer and Rose. On appeal from … faithful fulfillment of said contract. [(All emphasis in original; signature omitted).] By contrast, the consent of …
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… Argued March 21, 2017 – Decided Before Judges Ostrer and Leone. On appeal from the Commissioner of Banking and Insurance. Gregg S. Sodini … as a whole.'" Ibid. (citation omitted) (alteration in original). To make that determination, we must examine (1) …
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… FEJOKU, Plaintiff-Appellant, v. PRUDENTIAL LIFE INSURANCE COMPANY OF AMERICA, INC., n/k/a PRUDENTIAL FINANCIAL, INC., … should be denominated "Leeds, Morelli & Brown, P.C." NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … concluded that, by discontinuing the services of their original law firm (Leeds) long before their cases had ended, …
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… TWO SUNNY HILL ASSOCIATES LLC, Plaintiffs-Respondents, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … from the purchase of a shopping center. The transaction was complex. It was structured to effectuate not only the … "always considered" Debra to be the family's counsel. The original concept for the transaction did not include giving …
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… Submitted December 20, 2018 – Decided Before Judges Simonelli and Whipple. On appeal from Superior … a juvenile, was adjudicated delinquent for an act which, if committed by an adult, would constitute the crimes of … with [the witness's] testimony." Id. at 447 (alteration in original) (quoting State v. Marshall, 260 N.J. Super. 591, …
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… Defendant-Appellant. Submitted October 17, 2018 – Decided Before Judges Alvarez and Nugent. On appeal from Superior … and "coherent." At around 11:00 p.m., when M.W. heard "a commotion," she went outside and saw Taylor arguing with … jury, [and] the arguments of counsel." Ibid. (alteration in original) (quoting State v. Marshall, 123 N.J. 1, 145 …
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… Submitted May 31, 2017 – Decided July 18, 2017 Before Judges Messano and Suter. On appeal from the Superior … TO A FAIR TRIAL. (Not Raised Below) POINT II THE PROSECUTOR COMMITTED MISCONDUCT IN A NUMBER OF INSTANCES THROUGHOUT THE … [State v. Fuentes, 217 N.J. 57, 70 (2014) (alteration in original) (quoting State v. Roth, 95 N.J. 334, 364-65 …
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… Submitted January 10, 2017 – Decided Before Judges Yannotti and Fasciale. On appeal from Superior … 3 A-0920-15T3 in approximately three (3) years when he becomes eligible for full retirement benefits from the … Kolakowski, 442 N.J. Super. 529, 536 (2015) (alteration in original) (quoting Lepis v. Lepis, 83 N.J. 139, 157 (1980)). …
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… Submitted December 20, 2016 – Decided Before Judges Espinosa, Guadagno and Suter. On appeal from … XIV; N.J. CONST. (1947), ART. 1, PAR. 7. POINT II THE STATE COMMITTED SUBSTANTIAL AND PREJUDICIAL MISCONDUCT, … [State v. Fuentes, 217 N.J. 57, 70 (2014) (alteration in original) (quoting State v. Roth, 95 N.J. 334, 364-65 …