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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4057-15T2 STATE OF NEW JERSEY, … he grabbed C.H.'s butt cheek and that his finger could have penetrated C.H.'s anus. Defendant later acknowledged it … grand jury hearings, was exculpatory evidence that should have been introduced at the presentation for the third …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0597-16T1 CHARLES BRENT, Appellant, v. … offenses; prior opportunities on probation and parole have failed to deter criminal behavior; prior opportunity on … "Inmate continues to deny the charge and his denial may have played a role in his failure to take programs that are …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2592-15T1 BASF CORPORATION, COLUMBIAN … militate in favor of a determination that the defendants have paid in excess of their equitable share, and that the … adequate certifications" that plaintiffs or their designee have two options with respect to this contaminated soil; …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5054-15T1 THE BANK OF NEW YORK MELLON … the judgment or order and which by due diligence could not have been discovered in time to move for a new trial under … it is no longer equitable that the judgment or order should have prospective application; or (f) any other reason …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0048-16T3 DOROTHY SPRUCE, … prior to Pino's. The judge also noted, "While [Pino] may have observed tree stumps on limited areas of the property, … by other vendors. . . . Thus, FM and Northwest would only have a contractual obligation to correct the hazardous …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1941-16T4 STATE OF NEW JERSEY, … testify in his defense. The consequence that defendant will have to retain new counsel does not overcome the need for a … logic to apply the rule so that a criminal defendant would have separate counsel for pretrial motions and trial. To …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5469-15T2 1701 E. MAIN, LLC, … Wawa blocked any existing right Miles Petroleum may have had to cross over from its lot onto Wawa's, and vice … of the Third Restatement's estoppel test, Wawa would have us assume that Miles Lerman's silence in response to …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4135-15T1 STATE OF NEW JERSEY, … such a letter had been given to him at the time, he would have made an effort to include it in support of defendant’s … key factors under Slater.1 He also testified that he would have spoken to Moses’ attorney to get his "permission to …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4292-15T1 TIMOTHY R. KELLERS, … things, the following relief. First, plaintiff sought to have defendant contribute toward the tax payments he made … the MSA. He claimed had he known of such debt, he would have not have agreed to the terms of the MSA unless it …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1666-15T2 IN THE MATTER OF ST. MARY'S … 26, 2015. The Hospital contends that the Department should have used the ACS data as the "most recent census data" for … the 2016 SFY charity care subsidies, Passaic would have ranked seventh poorest in the State, based upon median …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5377-14T3 RAFIQ SALEEM, Appellant, v. … v. Dep't of Civil Serv., 39 N.J. 556, 562 (1963)). We have also noted that the Legislature has provided the DOC … for "possible exculpatory evidence[,]" the DHO should have downgraded the disciplinary charge in accordance with …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0951-15T2 US BANK NATIONAL ASSOCIATION, … assignee of a mortgage has standing to enforce the debt. We have considered defendant's arguments in light of the record … v. Shuster, 27 N.J. Super. 554, 561 (App. Div. 1953)). We have noted that [t]his is especially so in a foreclosure …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION … On appeal, plaintiff contends that summary judgment should have been denied due to genuine issues of material fact and … the cross-motion to file a third amended complaint should have been granted. Plaintiff argues that the parol evidence …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION … P- 37 in evidence. Mr. Hall[] stated that he would not have continued doing business with K&K Builders, Inc.[,] … $76,457.38, he asserts that the judgment should not have been entered against him because the third sentence of …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1079-18T2 RODNEY LEE, … 33 N.J. 428, 435 (1960)).] In order for res judicata to have effect, there must be (1) a final judgment by a court … N.J. 498, 505 (1991) (citations omitted). For a decision to have the effect of res judicata, there must be a valid and …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5282-17T3 AMEE @ 46, LLC, … "[C]onditional use clauses in a zoning ordinance must have clarity and specificity." Meszaros v. Planning Bd. of … the Ordinance invalid in its entirety and, instead, should have severed subsection (d) from the remainder of the …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4755-17T3 M.A.,1 Plaintiff-Respondent, … petition to the United States Supreme Court should have concluded defendant's challenges to the four-year old … III. APPARENT CONFLICT OF INTEREST AND BIASED DECISIONS HAVE NEGATIVELY AFFECTED THIS CASE. We address each argument …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3497-19 STATE OF NEW JERSEY, … an immigration attorney. Defendant stated "[he] would not have pled guilty had [he] known [he] would be subjected to … followed. On appeal, defendant argues the judge "should have held an evidentiary hearing on his ineffectiveness …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4702-17T3 MICHAEL TORRISI, Appellant, v. … facility.1 The charges were investigated, found to have merit, and referred to a hearing officer for further … that under the applicable regulation, an inmate "does not have the right to a polygraph test"). The court has observed …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3723-16T4 ARTHUR B. DENNIS, … court also informed the parties that if they wished to have the matter tried by a jury, they would need to file a … trial under an abuse of discretion standard. Trial courts have broad discretion in 6 A-3723-16T4 determining whether …