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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION … if the federal rules governed this action, federal courts have authorized the assessment of a special master's fees … involvement warranted inclusion as a party, then he would have been so named in the underlying litigation and his …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3138-22 LINDA D. SMITH, … on the morning of August 7, 1 Because John and his wife have the same surnames, we refer to them by their first … on May 16, 2023. II. On appeal, plaintiffs argue: (1) they "have a constitutional right to a trial by an impartial jury …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2461-22 STATE OF NEW JERSEY, … Supreme Court has stated that individuals may not want to have encounters with the police and that "seemingly furtive … 438, 441 (1980))).] For the same reasons, Vandeyar did not have reasonable articulable suspicion to conduct a frisk of …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1813-22 PARASTU SHARIFI, … Div. 2001), because "judges presiding in the Tax Court have special expertise," Glenpointe Assocs. v. Twp. of … Co., 127 N.J. at 314-15 (explaining “although there may have been enough evidence to overcome the presumption of …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2472-22 STATE OF NEW JERSEY, … next to a "small little white container" that may have contained a controlled substance. He said that "[he] … WARRANT REQUIREMENT DOES NOT APPLY AND THE EVIDENCE SHOULD HAVE BEEN SUPPRESSED. 1. OFFICERS CONDUCTED AN ILLEGAL …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2963-16T4 LARRY HOLLOWAY, … in the trial court showing that its property does not have the same or similar environmental constraints as other … must "demonstrate that the increase in density would not have a more detrimental [e]ffect on the neighborhood than …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2207-16T2 RICHARD PARKER, … these principles, we reject the arguments the parties have presented on the appeal and cross-appeal. We affirm the … in this appeal and the cross-appeal, to the extent we have not addressed them, are without sufficient merit to be …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1018-15T2 NEW JERSEY DIVISION OF CHILD … documents. Jerry also argues that he cannot be found to have abandoned his children or to have placed them in an unsafe home because the Family Part …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1647-16T1 U.S. BANK TRUST, N.A., as … plaintiff is a holder in due course of the note. Defendants have presented no evidence that plaintiff had knowledge of … free and clear of any personal defenses the mortgagors may have against the assignor. Shalleck, 256 N.J. Super. at …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2341-16T1 GINA M. CAMPO, … in his report, plaintiff argues the trial judge should have excluded this testimony. The judge ruled the challenged … a treating physician. Later, however, plaintiff sought to have Dr. Shah qualified as both a treating physician as well …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4666-16T1 STATE OF NEW JERSEY, … points on appeal: POINT I. DRE EVIDENCE SHOULD NOT HAVE BEEN ADMITTED AS EXPERT OPINION BECAUSE IT IS … by judicial opinions that indicate the expert's premises have gained general acceptance. [Harvey, 151 N.J. at 170 …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1489-20 ADEL ABDELWAHAB, … control, operate, possess, or manage the Hotel and did not have any other connection or affiliation to the Hotel. … the materials predate plaintiff's accident. A jury would have no basis to find that defendant owned, operated, or …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2574-20 L.R., Plaintiff-Respondent, v. … himself to exercise . . . control" over the house "would have been shocking to" plaintiff and "obviously upsetting" … to harass plaintiff but to "continue to enjoy his right to have access to the marital home." The judge's credibility …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1973-18 STATE OF NEW JERSEY … a deterrent to impose an extended term." The judge should have instead considered whether an enhanced sentence was … A-1973-18 3(a). While the State acknowledges the judge may have misinterpreted Dunbar's second step, the extended term …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3618-18T3 GRACE MCMAHON, … from the retirement system more or less than [s]he would have been entitled to receive had the records been correct, … [(IRS)] to correct errors in the loan program that could have disqualified the TPAF, and as part of that [a]greement, …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1279-19T1 ANTHONY CELESTIN, … "I agree the charges listed above are estimates and that I have reviewed [and] agreed to notices [and] terms here and … doubt" and (2) "the party to be bound by the terms must have had 'knowledge of and assented to the incorporated …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5716-17T1 DEUTSCHE BANK NATIONAL TRUST … is bound by a six-year statute of limitation, which may have tolled in 2008 when [p]laintiff 'accelerated' the loan … to resort to the mortgaged premises, the mortgagee must have standing. "As a general proposition, a party seeking to …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4614-17T4 STATE OF NEW JERSEY, … discovered evidence test because the information could have been discovered at the time of trial. Mr. Felder was … to Felder's trial testimony, the evidence reasonably could have been discovered at the time of trial, the information …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2876-24 STATE OF NEW JERSEY, … nice and sexy." C.H. disclosed that defendant had tried to have sex with her and he knew it was illegal. C.H. also … on the child having used the phrases "triggered" and "I have depression because of this" as inappropriate for her …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1659-23 CENTURION COMPANIES, INC. and … of any claim against them and therefore [Companies] did not have a fair opportunity to defend." Accordingly, the judge … of 12 A-1659-23 indicia that all parties to the arbitration have reasonable advance notice" of the claim. Id. at 545. …