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njcourts.gov
… Brighton held an easement to maintain a pedestrian pathway1 for public use. Appellants contend that state's "Public … tailored to the specific circumstances and issues that target Whole Foods for production. The [c]ourt deems the … accorded the broadest possible latitude to ensure that the ultimate outcome of litigation will depend on the merits in …
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njcourts.gov
… Argued October 19, 2021 – Decided December 7, 2021 Before Judges Fisher, Currier and DeAlmeida. On appeal from … of Fairfield since 1968. South State, Inc. (SSI) operates a competing business on a lot adjoining plaintiff's property. … with the 2006 Consent Order. Ibid. The court concluded: Ultimately, the issue in this case is not whether …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … may be obtained from the handgun or, if that DNA were to become available, why it is not sufficient – before now … 86 S. Ct. 1826, 1834, 16 L. Ed. 2d 908, 918 (1966). The "ultimate measure" of a governmental search is …
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njcourts.gov
… in an unmarked vehicle in the parking lot of an apartment complex. The officers all recognized defendant from prior … all the evidence and arguments and who have deliberated together to reach a unanimous decision." State v. Lipsky, 164 … reached only after full participation of the 12 jurors who ultimately return a verdict; that this right may only be …
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njcourts.gov
… the judgment should not have included the limited liability company he formed while the lawsuit was pending but should … Services, LLC ("the LLC"). He was the founder and has always been the sole member of the LLC. Using the LLC as the … such things as fees owed to deposition stenographers, he ultimately claimed that the LLC would have no liability for …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE OF OPINIONS TAX COURT OF NEW JERSEY Olde Historic … answers to interrogatories and admissions on file, together with the affidavits, if any, show there is no genuine … as long as it maintained the assets for disposition and ultimate sale, it was achieving a charitable goal. On closer …
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njcourts.gov
… EVERETT, PETER FERRO, GLENN VAN PELL, STEVE POLLACK, LISA MCCOMSEY, CHRIS ROSATI, GERRY RODELLI, SHEREE ROBINSON, PAUL … OCBA was the lead defendant in this matter. Therefore, the ultimate decision on whether plaintiffs would be reinstated was always going to be made by an entity named as a defendant in …
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njcourts.gov
… officer's conduct. The motion court found that eight of the complaints involved suspects charged with conduct similar to … plea). The inconclusiveness of the surveillance footage, together with the officer's history of complaints of excessive … caseload will weigh less heavily—although the State remains ultimately responsible to move cases along in a timely …
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njcourts.gov
… Des Champs occupied an industrial facility on Okner Parkway in Livingston where it assembled heat recovery … Des Champs decided to cease its operations at Okner altogether. Before terminating its operations on the site, Des … that she was now reconsidering. But the gist of the ALJ's ultimate assessment of the evidence is clear and …
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njcourts.gov
… employees who are residents of Jersey City -- violates the Commerce Clause of the United States Constitution. Jersey … both internal and external consistency. See ibid. The court ultimately found the record too incomplete to determine … employees. Plaintiffs claim that the discriminatory targeting of non-resident employees, who come from New York, …
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njcourts.gov
… -1- NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS … purpose of the statute.” J & J Realty Co. v. Township of Wayne, 22 N.J. Tax 157, 163 (Tax 2005). In J & J Realty, the … fees and expert costs, on the part of the municipality and ultimately all the municipality’s taxpayers. It also …
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njcourts.gov
… Barry, Salvatore Toleno, Robert Morris, Timothy LaTour, Wayne Forsythe, and all similarly situated individuals (from … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no … as afforded under Chapter 88 P.L. 1974. This argument ultimately fails for several reasons. At no point over the …
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njcourts.gov
… Submitted October 11, 2022 – Decided November 21, 2022 Before Judges Sumners and Berdote Byrne. On appeal from the … defendant's alimony and child support obligations and in compelling defendant to disclose information related to a … financial information from his CIS, only some of which he ultimately provided, and only after being ordered to do so. …
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njcourts.gov
… the court's December 27, 2021 order denying his motion to compel the forensic psychiatric examination of a … witness will refrain from giving testimony marred by forgetfulness, confusion, or evasion. Sims, 250 N.J. at 224 … versions of an incident or event and the witness's ultimate credibility are explored and discredited by …
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njcourts.gov
… of the bargain for the product; and (3) that the product ultimately did not conform to the affirmation, promise or … 2007) (citation omitted); see also Cipollone v. Liggett Group. Inc., 893 F.2d 541 , 568 (3d Cir. 1990), rev'd … merely as an unintended incident of the agreement. Broadway Maintenance Corp. v. Rutgers, State University, 90 N.J. …
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njcourts.gov
… the shots did not strike their 3 A-2051-20 intended target and instead struck an unintended individual thereby … part of the Strickland analysis, courts are permitted leeway to choose to examine first whether a defendant has been … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Porter, 216 N.J. at 355 …
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njcourts.gov
… Submitted September 20, 2022 – Decided October 5, 2022 Before Judges Messano and Gilson. On appeal from the Superior … was under twenty-six years of age when the offense was committed. N.J.S.A. 2C:44-1(b)(14). Defendant was … to manslaughter "was sorely tested by the evidence," and ultimately rejected by the jury. Id. at 401. Although …
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njcourts.gov
… January 18, 2022 – Decided January 26, 2022 Before Judges Fasciale and Firko. On appeal from the Superior … requested by order to show cause (OTSC) and dismissing his complaint with prejudice. Plaintiff argues, primarily, that … make a preliminary showing of a reasonable probability of ultimate success on the merits." Ibid. Fourth, and finally, …
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njcourts.gov
… Forensic Center for evaluation. At trial, the hospital committing psychiatrist testified that defendant was … of the dangers of consumption and chose to use the drug anyway. The prosecutor argued defendant's failure to describe … statements were used. Miranda may have been violated—but ultimately that issue too need not be reached. IV. During …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … indictment. Perry was indicted five more times for crimes committed in August (two), September, October, and November … Prot., 367 N.J. Super. 154, 159- 60 (App. Div. 2004)). "Ultimately, reviewing courts are not 'bound by the agency's …