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… Defendants. Submitted October 11, 2017 — Decided Before Judges Fuentes, Koblitz, and Manahan. On appeal from … we affirm substantially for the reasons set forth in the comprehensive, well-reasoned thirty-three page written … that "the state 11 A-5152-15T1 government does not have free reign to simply disregard its pre- existing contractual …
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… Submitted January 8, 2018 – Decided Before Judges Sabatino and Whipple. On appeal from Superior … and "grabbed [her] around [her] neck and . . . then he come around towards the front . . . choking [her] against … were set out in State v. Yarbough: (1) there can be no free crimes in a system for which the punishment shall fit …
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… Plaintiff-Appellant, v. HARLEYSVILLE INSURANCE COMPANY OF NEW JERSEY and HANOVER INSURANCE COMPANY, … Argued October 5, 2017 – Decided Before Judges Simonelli and Gooden Brown. On appeal from … enforceable limitations to an insurance contract when free of ambiguity. Courts ordinarily should refrain from …
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… November 28, 2017 – Decided June 21, 2018 Before Judges Carroll and Leone. On appeal from Superior Court … Madison Policemen's Benevolent Association Local 92 (PBA), commencing on January 1, 2014, and continuing through … for penalties, is to avoid extortion and injustice which a free power to stipulate damages would invite[.]" Westmount, …
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… Argued April 16, 2018 – Decided May 9, 2018 Before Judges Sabatino, Ostrer and Rose. On appeal from … further contended that he was unduly prejudiced by certain comments made by the State during summation and that his … Panitch, 339 N.J. Super. at 66). "Moreover, judges are not free to err on the side of caution; it is improper for a …
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… Submitted December 18, 2018 – Decided Before Judges Hoffman and Geiger. On appeal from Superior … and Carlo DiLizia summary judgment dismissing plaintiffs' complaint and denying plaintiffs' motion for partial summary … veterinarian certificates confirming the canines are free from contagious disease. On January 10, 2017, DiLizia …
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… Submitted May 9, 2016 – Decided Before Judges Lihotz and Nugent. On appeal from Superior Court … IN PART, BY (1) NOT CHALLENGING THE NO SHOW/NO RECOMMENDATION CONDITION; AND (2) NOT REQUESTING A HEARING ON … conditions. The court agreed to allow defendant to remain free on bail until sentencing. The judge informed defendant …
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… Argued March 9, 2016 – Decided Before Judges Fuentes, Koblitz and Kennedy. On appeal from … P.J.A.D. Plaintiff Dr. Fariborz Ashtyani's third amended complaint against defendants Critical Care Unit Resources, … Dr. Ting will also tell Dr. F. Ashtyani that he is free to negotiate his own contract with the hospital to …
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… Submitted May 15, 2017 – Decided Before Judges Haas and Geiger. On appeal from Superior Court … born in 1997 and a daughter born in 2003. Plaintiff filed a complaint for divorce on May 9, 2011. Defendant filed an … had chosen to enter into the agreement 5 A-4643-14T3 freely and voluntarily even though he felt that he would not …
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… ASSOCIATION, INC., Plaintiff-Appellant, v. RGD HOLDING COMPANY, LLC, ROBERT MARTIN COMPANY, LLC, RMC MEZZANINE … Argued telephonically October 17, 2017 – Decided Before Judges Fasciale, Sumners and Moynihan. On appeal from … provisions were not adhesive because the unit owners "were free to accept or reject the contract terms proposed by the …
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… Submitted October 10, 2017 – Decided Before Judges Messano and O'Connor. On appeal from Superior … FIVE MUST THEREFORE BE REVERSED. POINT III THE PROSECUTOR COMMITTED MISCONDUCT WHEN ERRONEOUSLY ADVISING THE JURY THAT … to assess whether the waiver of rights was the product of a free will or police coercion." State v. Nyhammer, 197 N.J. …
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… Argued December 20, 2017 – Decided Before Judges Fuentes, Koblitz and Manahan. On appeal from … 2C:28-7(a)(1), and second degree as well as third degree computer theft, N.J.S.A. 2C:20-25(a), N.J.S.A. 2C:20-25(e), … play regardless [of] whether a defendant has led a crime-free or blameless life. . . . . The presumption of …
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… Submitted April 17, 2018 – Decided Before Judges Fasciale and Sumners. On appeal from Superior … EVIDENCE. 3 A-1441-16T1 POINT V THE DEFENDANT'S RIGHT TO BE FREE FROM UNREASONABLE SEARCHES AND SEIZURES AS GUARANTEED … to a call regarding shots fired at a local garden apartment complex from a black FJ cruiser with a white top that had …
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… Submitted June 8, 2022 – Decided July 5, 2022 Before Judges Whipple, Geiger and Susswein. On appeal from the … caused the wave screen to deteriorate. In 2015, to prevent complete collapse of the wave screen, LHYC moored a barge up … the wave attenuation system, which could also "break[] free in an inevitable storm event." The Commissioner …
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… Submitted May 3, 2022 – Decided May 13, 2022 Motion for Reconsideration Granted May 26, 2022 Resubmitted May 26, … to collect on loans made to defendants. The matter has come before us twice before. See Brunswick Bank & Trust Co. … in this opinion and will not be repeated. The bank is free to disagree but, at the end of the day, the trial judge …
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… DeLoatch (DeLoatch defendants), and dismissing plaintiff's complaint with prejudice. Plaintiff also appeals from a May … motion judge also declined to utilize Rule 4:42-2(3) to "revisit [the court's] prior determination. The motion judge … condition." Davidson, 189 N.J. at 187. Defendants are free to demonstrate such allocation before a rational …
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… MULLER, and DETECTIVE M. HERRICK, Defendants, and NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Detective Justin DeLorenzo, and dismissing Schweizer's complaint with prejudice. The complaint alleged DeLorenzo … Jersey Constitution guarantees individuals the right to be free from unreasonable seizures. N.J. Const. art. I, ¶ 7. …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … DIVISION DOCKET NO. A-1003-16T4 BERYL ZIMMERMAN and JUDY COMMENT, Petitioners-Appellants, v. SUSSEX COUNTY … Id. at 72. Public employees and employers are not free to "agree to contractual terms [or the lack thereof] …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … IN THE MATTER OF WILLIAM R. HENDRICKSON, JR., DEPARTMENT OF COMMUNITY AFFAIRS. Argued December 21, 2016 – Decided Before … In the DCA's view, Hendrickson's nine subsequent incident-free months do not offset the egregious conduct. The DCA …
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… Submitted February 9, 2021 – Decided March 2, 2021 Before Judges Haas and Mawla. On appeal from the Superior … murder, N.J.S.A. 2C:11-3(a)(1); first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2(a)(1), 2C:11-3(a)(1); … whether a suspect's confession is the product of free will, courts traditionally assess the totality of …