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… Submitted March 4, 2019 – Decided March 15, 2019 Before Judges Haas and Sumners. On appeal from Superior Court … were people upstairs." The officer then heard "a shuffling coming from the upstairs room." 1 Officer Lance also … a 'reasonable nexus between the emergency and the area or places to be searched.'" Id. at 323-24 (quoting State v. …
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… MONMOUTH COUNTY and CHERYL DYER, Superintendent of Schools for the Wall Township School District, NOT FOR PUBLICATION … Before Judges Sumners and Mitterhoff. On appeal from the Commissioner of Education, Docket No. 252-10/17. Flavio L. … not specifically cover a "rescission" and the subsequent replacement of the superintendent's contract and, thus, …
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… Plaintiff-Appellant, v. PERSONAL SERVICE INSURANCE COMPANY, Defendant-Respondent. … Argued October 23, 2018 – Decided February 28, 2019 Before Judges Rothstadt and Gilson. On appeal from Superior … and dismissed plaintiff's complaint. The judge placed his reasons on the record, which he began by finding …
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… Argued November 29, 2018 – Decided April 11, 2019 Before Judges Whipple and DeAlmeida. On appeal from Superior … 56:12-14 to -18. Plaintiffs, representing a putative class, complained defendants Guaranteed Motor Towing Service … easily be seen by the public, is posted in a conspicuous place at all vehicular entrances to the residential …
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… of motions" later, defendant maintains that (1) plaintiff committed fraud during the execution of the PSA; (2) … 2017 order denying reconsideration. In the PSA, which was placed on the record on November 10, 1999, the parties … day time period [under Rule 4:49-2] for the court to revisit any such decisions and that, alone, [was] a basis to …
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… and/or Managers) and RAYMOND ROMNEY (High Level Supervisor for Department of Public Works, City of Englewood … result in a retaliatory action against Lawrence, Jessie complied and leaned towards Romney for a hug. The hug lasted … incident reports created a hostile work environment. Commonplace disputes are not "severe or pervasive" conduct under …
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… Argued October 16, 2018 – Decided Before Judges Yannotti, Rothstadt and Natali. On appeal from … that "[a]ny unused sick leave days will be accumulated and compensated to the 3 A-3228-17T4 [e]mployee at the rate of … 2018, after hearing oral arguments, the Law Division judge placed an oral decision on the record. The judge decided …
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… Argued October 29, 2018 – Decided November 7, 2018 Before Judges Haas and Sumners. On appeal from Superior Court … it collected in violation of a modification of a commercial loan negotiated by the parties. We affirm. The … 1, 2016, your loan in the amount of [$3.5 million] was placed in default. According to the loan docs, the default …
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… Submitted July 17, 2018 – Decided Before Judges Ostrer and Vernoia. On appeal from Superior … from an October 27, 2017 order denying their motion to compel arbitration pursuant to N.J.S.A. 2A:23B-7 and dismiss … Federal Arbitration Act, 9 U.S.C. §§ 1 9 A-1665-17T3 to 16, places "arbitration agreements upon the same footing as …
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… college, might require a fifth year of schooling to complete his education. The parties did not set an annual … to plaintiff and sixty percent to defendant—however, they placed an annual cap of $40,000 on the obligation. When the … the daughter's search process. Defendant sought to revisit the issue of college contribution because of his poor …
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… Submitted September 26, 2018 - Decided Before Judges Koblitz and Currier. On appeal from Superior … townhouse. Migdalia telephoned defendant and asked him to come outside under the guise the vehicle had broken down. … was at home with her child when one of the robberies took place, because he had not submitted a notice of alibi. See …
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… Defendant-Appellant. Argued September 18, 2018 – Decided Before Judge Ostrer, Currier, and Mayer. On appeal from … defendant's home. The trial on these charges did not take place until April 2016. In the interim between the … In support of his argument, defendant relies on Bullcoming v. New Mexico, 564 U.S. 647 (2011). There, the United …
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… Submitted September 18, 2018 – Decided Before Judges Currier and Mayer. On appeal from Superior Court … when he invoked his right to remain silent; his subsequent communications with the officers who came into the interview … and ordered him to stop. Defendant stopped, and was placed under arrest. The police obtained video surveillance …
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… Submitted September 12, 2018 – Decided Before Judges Haas and Sumners. On appeal from Superior Court … billing data from Medicare, Medicaid, and insurance companies, Judge Joseph P. Donohue issued a warrant … can with reasonable effort ascertain and identify the place intended.'" State v. Marshall, 199 N.J. 602, 611 …
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… Submitted February 27, 2018 – Decided Before Judges Yannotti and DeAlmeida. On appeal from Superior … Simpkins knocked on the front door, someone inside said "come in.” Simpkins, while in full uniform, stepped inside, … to secure a warrant before conducting a search of certain places." State v. Hathaway, 222 N.J. 453, 468 (2015). "[I]n …
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… Submitted January 28, 2019 – Decided March 25, 2019 Before Judges Messano and Rose. On appeal from Superior Court … denying his application for reinstatement, dismissing his complaint, and affirming the administrative decision.1 We … conceded he yelled at Moriarty and was "involved in the placement of a large inflatable rat depicting or symbolizing …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-3792-17T1 STATEWIDE COMMERCIAL CLEANING, LLC, Plaintiff-Appellant, v. FIRST … Argued March 5, 2019 – Decided March 21, 2019 Before Judges Fisher and Geiger. NOT FOR PUBLICATION WITHOUT … had still not produced an appraisal when oral argument took place before the trial court, more than four months after …
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… Argued January 26, 2017 – Decided Before Judges Hoffman and O'Connor. On appeal from the New … Water Works Association, and National Association of Water Companies, New Jersey Chapter (Norris, McLaughlin & Marcus, … was inappropriate, stating "[a]n appellate brief is no place for an agency to try and rehabilitate its actions."). …
njcourts.gov
… Argued September 21, 2016 – Decided Before Judges Fuentes, Simonelli and Carroll. On appeal from … the scene. Del Rosario was prosecuted and convicted as an accomplice. On appeal, defendant raises the following … parking lot when he saw the hatch of an SUV rise and "a bat come out where two gentlemen were standing behind." He went …
njcourts.gov
… Submitted September 14, 2017 – Decided Before Judges Haas and Gooden Brown. On appeal from Superior … charging Sutton and Powell with second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(1) and N.J.S.A. … of fact for you to determine. Mere departure from a place where a crime has been committed does not constitute …