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… disputes among the members of a New York limited liability company, 539 Gates, LLC ("539 Gates" or "the LLC"). … and a claim for the restitution of funds allegedly siphoned from the LLC to Alter and Maman. On January 9, 2014, … not grant any modification to Haas and HMC. The judge reasoned that under the revised New Jersey Arbitration Act, …
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… Rothschild LLP, attorneys for respondents (Christina A. Stoneburner, of counsel and on the brief; Thomas R. Basta, on … order dismissing with prejudice her breach-of- contract complaint against defendant Valley National Bank (the Bank). … Rule 4:6-2(e). Rezem Family Assocs. v. Borough of Millstone, 423 N.J. Super. 103, 114 (App. Div. 2011). "In …
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… custom optics for military, automotive, medical, and communications customers. The existing building on the … is located in the Township's Office and Professional (O) Zone. The O Zone encourages "non-retail and low- traffic generating …
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… He told me to get out. He told me I was no longer welcome there and I left. Claimant also testified that he had … left his job when he became upset because the owner mentioned his laziness. The owner['s] intention was not to … [claimant] from receiving unemployment benefits are erroneous and should be reversed." Alternatively, claimant …
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… and ANDREW J. MCNALLY, custodian; N.J. DEPARTMENT OF COMMUNITY AFFAIRS; CUSTODIAN OF RECORDS FOR THE N.J. … v. City of Hoboken, 196 4 A-0968-16T3 N.J. 51, 67 (2008). Nonetheless, that right must be balanced against the State's … could be disclosed after the decision has been released, one of the major justifications for 6 A-0968-16T3 the …
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… in granting plaintiff M&T Bank's motion to reinstate its complaint and denying her application to vacate default and … possess the note and mortgage when it filed its foreclosure complaint. We affirm. Defendant borrowed $78,000 from … orders without reliance on unspecified reasons advanced by one of the parties. See Pressler & Verniero, Current N.J. …
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… to another vicinage because his trial counsel had become a judge in the same vicinage where defendant was tried … HIS TRIAL ATTORNEY DID NOT 5 A-0336-16T1 REQUEST AN ACCOMPLICE LIABILITY INSTRUCTION PRIOR TO CLOSING ARGUMENTS. … 145 (App. Div. 1998) (recognizing the right to testify at one's own trial is a fundamental right which may be waived …
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… Submitted April 19, 2018 – Decided Before Judges Simonelli, Haas and Gooden Brown. On appeal from Superior Court … defendant's in limine motion to suppress a recorded telephone call with his mother that the State NOT FOR PUBLICATION … gave it to the police. A grand jury subsequently returned a one-count indictment, charging defendant with second-degree …
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… 5, 2017 – Decided June 21, 2018 Before Judges Fuentes, Simonelli and Gooden Brown. On appeal from the New Jersey Commissioner of Education, Docket No. 12-1/12. Vito A. Gagliardi, …
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… appeal from an April 18, 2017 order dismissing their complaint in lieu of NOT FOR PUBLICATION WITHOUT THE … bound by the same standards as was the trial court." Fallone Props., LLC v. Bethlehem Twp. Planning Bd., 369 N.J. … definition of a flag lot. In its resolution, the Board reasoned that plaintiffs' proposed subdivision was a …
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… UNION, Plaintiff-Appellant, v. NEW JERSEY MOTOR VEHICLE COMMISSION and STACY SUTTON, Defendants-Respondents. … 2012) (quoting Rezem Family Assocs., LP v. Borough of Millstone, 423 N.J. Super. 103, 114 (App. Div. 2011)). In the … was not a discretionary act and was instead a ministerial one, N.J.S.A. 59:2-5 granted immunity. Id. at 520- 21. With …
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… May 10, 2018 – Decided May 18, 2018 Before Judges Simonelli and Rothstadt. On appeal from Superior Court of New … eluding. According to the plea forms, the State agreed to recommend a "cap" of a seven-year term of imprisonment on the … Defense counsel asked the court to sentence defendant one degree lower to a four-year term of imprisonment. The …
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… May 17, 2018 – Decided June 25, 2018 Before Judges Simonelli and Haas. On appeal from Superior Court of New … employment as a New Jersey State Trooper. Plaintiff sought compensation for his injuries under the Military … any member of the organized militia shall be liable to anyone at common law or otherwise for an injury or death …
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… armed robbery with a handgun, N.J.S.A. 2C:15-1 (count one); fourth- degree aggravated assault, N.J.S.A. … the other three counts. The sentencing court imposed the recommended sentence of fifteen-years imprisonment with an … to show and what it actually showed. "[W]hen a petitioner claims his trial attorney inadequately investigated his …
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… The doctor considered how Tara failed 5 A-4100-17T1 to complete many of those services, continued to abuse … of law based on the facts he found. With regard to prong one, Judge Brenner found by clear and convincing evidence …
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… DIVISION DOCKET NO. A-2928-17T2 IN THE MATTER OF THE CIVIL COMMITMENT OF S.T., ____________________________ Submitted … February 14, 2019 – Decided May 2, 2019 Before Judges Simonelli and O'Connor. On appeal from Superior Court of New … if released from involuntary commitment. S.T. argues either one of these omissions requires the reversal of the February …
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… Rowan's additional requirements to have been essential or nonessential terms. A few days later, via telephone conference, the judge explained that he had not been … hold a hearing to establish the facts "unless the available competent evidence, considered in a light most favorable to …
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… DEMIRIS, Plaintiffs-Appellants, v. BRANCH BANKING & TRUST COMPANY, Defendant-Respondent. … Submitted December 20, 2018 – Decided Before Judges Simonelli and DeAlmeida. On appeal from Superior Court of New … Joseph Friedrich, on the brief). Phelan Hallinan Diamond & Jones, PC, attorneys for respondent (Sonya Gidumal Chazin, on …
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… During that time, it suddenly turned left in front of an oncoming vehicle that was traveling south on New Road, causing … within the door compartment, as well as three cellular phones." The smell of air freshener in the passenger … out of the car. Van Syckle found "about $900" cash in one of defendant's pockets and about "$2100" cash in his …
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… the police. Because he was a juvenile, defendant's mother accompanied him to the police station. She gave written … an unrecorded interview that lasted approximately two and one-half hours. Defendant's mother was not present but was … application on April 6, 2018.3 In a thorough and well-reasoned oral decision, the judge denied defendant's petition, …