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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… -1- NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS … purpose of the statute.”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
… others entered into an agreement to sell their shares of common stock in Cispharma and their membership interests in … the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the … Agreement does not exclude indemnification for claims that ultimately fail as a matter of law. Furthermore, while the …
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njcourts.gov
… Argued January 31, 2019 – Decided July 19, 2019 Before Judges Simonelli, O'Connor and DeAlmeida. On appeal … until March 2013, when Lumenergi, Inc., a venture capital company he worked for in California, was shut down. 1 Two … on September 10, 2014, see L. 2014, c. 42, §1, the court ultimately concluded N.J.S.A. 2A:34-23(k) did not apply to …
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njcourts.gov
… Submitted September 23, 2020 – Decided Before Judges Whipple and Rose. On appeal from the Superior … N.J.S.A. 2C:35-5(a)(1) and 35-5(b), in exchange for a recommended four-year sentence. Question seventeen of the plea … is therefore necessary to develop facts important to the ultimate decision. State v. Porter, 216 N.J. 343, 355 …
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njcourts.gov
… his official capacity as President of the New Jersey Law Enforcement Supervisors Association, and NEW JERSEY LAW … LOCAL #105, on behalf of all its members, Petitioners, and COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, NEW JERSEY STATE … sought a ruling on its still undecided motions to dismiss. Ultimately, PERC scheduled the case for hearing. In …
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njcourts.gov
… purpose, N.J.S.A. 2C:39-4(a). He contends the trial judge committed plain error by giving a jury charge on the … EITHER OF THE EYEWITNESSES, WHO WERE A COUPLE THAT LIVED TOGETHER, WHETHER THEY HAD DISCUSSED THE MATTER AFTER THE … N.J. Super. 108, 119 (App. Div. 2013). Because the court ultimately gave the proper jury charge on first-degree …
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njcourts.gov
… on which he built a house where they would reside together. The original deed to the property conveyed title to … After Burke ended the relationship, he filed a complaint in the Chancery Division, General Equity Part, … The deed when accepted is presumed to express the ultimate intent of the parties with regard to so much of the …
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njcourts.gov
… Russo, and answered two specific interrogatories that compelled the imposition of a life sentence without parole … Frank Marsh, who the State alleged defendant paid to ultimately execute the murder. Id. at 506–07.1 Defendant … on summation, when the witness would be unable to explain away inconsistencies. Moreover, as trial counsel explained, …
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njcourts.gov
… POINT V THE COURT ERRED IN MERGING THE TWO GUN OFFENSES TOGETHER; THE CHARGE OF 5 A-5055-17T4 POSSESSION OF A GUN FOR … HER SUMMATION, IN SHOWING A MANIFEST DENIAL OF JUSTICE; COMMITTED MISCONDUCT SO EGREGIOUS, IT VIOLATED FOWLKES' … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22- 10(b). A …
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njcourts.gov
… THAT HIS CLAIMS OF INEFFECTIVE ASSISTANCE OF COUNSEL WOULD ULTIMATELY SUCCEED ON THE MERITS. A. Trial Counsel was … Construction Site Owner, "[i]t is simply not possible [to commit such an assault] from the layout of the house, and go … children, the smaller occupied by her parents, who passed away in 2007. These parents were at the smaller house "mostly …
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njcourts.gov
… supplied on appeal reflects the municipal court failed to comply with the self-representation protocol mandated by … and Marie Cole are spouses who own and reside in a house in Wayne Township. In June 2016, after inspecting the premises, … was transferred to a series of different municipalities. Ultimately the case was docketed with the Hawthorne …
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njcourts.gov
… telephonically May 26, 2020 – Decided July 17, 2020 Before Judges Messano and Ostrer. On appeal from the Superior … planning and engineering experts, and their extensive comments were contained in two reports to the Board and … present and Board business [was not] discussed." The judge ultimately determined the Board's actions were based on …
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njcourts.gov
… The car returned a short time later, parking in a location away from the business, and the female driver got out. She … PERMITTING LAY OPINION TESTIMONY BY TWO OFFICERS AS TO THE ULTIMATE ISSUE IN THE CASE USURPED THE ROLE OF THE JURY AND … 1 (1968). 8 A-2574-17T1 articulable facts which, taken together with rational inferences from those facts," provide a …