njcourts.gov
… CHRYSLER JEEP DODGE, Defendants-Appellants, and NEW YORK COMMUNITY BANK, Defendant. Argued April 26, 2017 – Decided May 9, 2017 Before Judges Fuentes, Carroll and Farrington. On appeal from the Superior … Motor Car. The Law Division entered an order appointing commissioners for the condemnation hearing, thereby …
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… offense. N.J.S.A. 2C:39-5(b). A third-degree offense is committed when there is unlawful possession of a "handgun in … propelling force is a spring, elastic band, carbon dioxide, compressed air, and ejecting a bullet or missile smaller … a second-degree crime. 5 A-1378-16T1 degree conspiracy to commit robbery, N.J.S.A. 2C:15-1 and N.J.S.A. 2C:5-2; and …
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… orders, and denying their motion to reinstate their amended complaint. We affirm. I. Plaintiffs' arguments must be considered in light of the complex procedural history in the trial court. On September … 21, 2015, Chinn and McGee filed a putative class action complaint in the Law Division alleging legal malpractice and …
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… while he could not remember whether he was armed when he committed the 2009 robbery, he allowed he "probably had [a … noted: If the defendant gets on the stand, and attempts to come up with the same story he came up with the in the first … sentencing determination is deferential. See State v. Fuentes, 217 N.J. 57, 70 (2014). Thus a sentencing court's …
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… Plaintiff, a sophisticated businessman familiar with both complex legal matters and legal documents, became embroiled in a business dispute with his limited liability company partners in 2014. Two lawsuits ensued. Ten months … each party . . . is not appealable." Janicky v. Point Bay Fuel, Inc., 410 N.J. Super. 203, 207 (App. Div. 2009) …
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… appeal that evidentiary ruling, the trial proceeded to its completion. Based upon the arresting police officer's … defendant of possibly more stringent sanctions for committing a "per se" DWI violation, which can be proven by … We further remand this matter to the Law Division to complete its de novo review of defendant's sentence. I. We …
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… September 3, 2017, members of the Frate family smelled gas coming from defendant's apartment. They had also smelled gas … Defendant also maintained there was a "severe breakdown" in communications with defense counsel. After conducting a comprehensive hearing, the judge denied the application, …
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… Mall entities,1 and eight of its tenants2 that lease commercial properties in the shopping center, appealed the … we affirm. 1 Bayshore Mall is owned by three tenants in common: plaintiffs Bayshore Mall 1A, LLC, Bayshore Mall 1B, … the outdoor displays and established 5 A-3562-18T3 an ADA-compliant4 pedestrian sidewalk in front of them. It also …
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… in a marked vehicle in an area of the municipality mostly comprised 3 A-5383-17 of summer homes. Because it was … car, Redmond saw a person, later identified as defendant, come out from between two houses. He was wearing dark … and repeatedly asked him to stop; defendant refused to comply. Defendant was wearing a gym bag strapped across 4 …
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… judge conducted a hearing and determined defendant was competent to stand trial. During the trial – when defendant … trial judge questioned defendant and concluded he was still competent to continue with the trial. After appropriate … POINT I THE MATTER SHOULD BE REMANDED FOR A NEW COMPETENCY HEARING BECAUSE THE COURT FAILED TO: (1) …
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… ratify" his forged signature on a personal guarantee for a commercial lease. The jury nonetheless found he did not owe … jury. Before the jury trial, Whitesell filed three amended complaints, finally amending the third amended complaint to add Scheffey as a defendant after he was …
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… executors and awarding attorney's fees and executors' commissions. She also appeals from earlier orders entered by … she filed to a prior accounting, and in 2016 dismissing her complaint to remove the Estate's co-executors. Farina's … Farina challenges the trial court's award of executors' commissions and attorneys fees because they were incurred in …
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… appeals from the summary judgment dismissal of his complaint against Borgata. The trial court granted summary … person—we reverse and remand for trial. The personal injury complaint plaintiff filed in May 2015 alleged four causes of … [plaintiff]." Borgata breached this duty, according to the complaint, through its employees, who "carelessly, …
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… 3 A-4322-17T4 and sole occupant. White smoke was visible coming from the engine compartment of the BMW. Officer Adams approached and … the officer asked defendant to "step out of the vehicle, to come to the rear of the vehicle to be interviewed and a …
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… Moores attempted to get payment from their flood insurance company and their homeowners' insurer. When those efforts … for the District of New Jersey against the two insurance companies. The Moores also named as a co-defendant in their … predecessor in interest. Among other things, the federal complaint claimed the bank should be discharged from its …
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… September 13, 2018 – Decided October 22, 2018 Before Judges Fuentes, Accurso and Moynihan (Judge Fuentes dissenting). On … when he turned his vehicle onto a four-lane highway from a commercial driveway, left the roadway and sheared two street … travelling at a high rate of speed. The motion judge was compelled to view this evidence under the standard …
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… he continued to earn less than the $400,000 average yearly compensation he alleged he earned at his prior job. … after learning that a defense attorney, in an ex parte communication, sought the judge's assignment to the case, … the recusal motion. I. A. The judge disclosed the ex parte communication in chambers, and confirmed it on the record. …
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… WITH PREJUDICE, INSTEAD OF FINDING SUBSTANTIAL COMPLIANCE BY MS. WILLIAMS WITH N.J.S.A. 2A:53A-27, AND … AN AWARD OF $115,545 IN A QUANTUM MERUIT CLAIM, UPON A COMPLAINT THAT ORIGINALLY SOUGHT ONLY $61,920, AND WHERE … days following the date of filing of the answer to the complaint by the defendant, provide 10 A-2761-19 each …
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… railroad tracks. There 3 A-4934-18 was no train immediately coming and the victim was able to climb back safely onto the … police drove him to the New Jersey Transit Police District Command station in Hoboken. Even after arriving at the … sentencing factors as they existed at the time. State v. Fuentes, 217 N.J. 57 (2014). The court took into account …
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… in towns located near or around Bridgeton. 4 A-1604-18T3 composed of benign substances and a representative sample of … an unjust result given the State's otherwise strong and compelling evidence. B. Testimony Concerning Daniel Diaz's … 15, 28 (2019) (alteration in original) (quoting State v. Fuentes, 217 N.J. 57, 70 (2014)).] In sentencing defendant, …