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… Argued January 16, 2024 – Decided February 25, 2025 Before Judges Gilson and DeAlmeida. On appeal from the … to the extent it confirms an arbitration award of extra compensation to the Board's custodial employees who reported … employees' CBA not offered by either party, they were free to include in their complaint a demand that Part III of …
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… Submitted November 28, 2018 – Decided Before Judges Koblitz, Currier and Mayer. On appeal from … IN CHARGING THE JURY CONCERNING DEFENDANT'S ATTEMPTING TO COMMIT MURDER WHERE HE DID NOT COMPLETE THE CRIMINAL ACT NOR … law-abiding life when the defendant has lived a long, crime-free life. The sentencing court properly considered …
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… Argued January 14, 2019 – Decided January 29, 2019 Before Judges Sabatino, Haas and Mitterhoff. On appeal from … S.H. and D.M. seek review of the September 12, 2017 civil commitment orders that continued their involuntary inpatient … refusing to allow [them] a hearing on [their] right to be free from involuntary inpat ient and outpatient commitment." …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Anthony & Sylvan Corporation's (A&S) motion to dismiss the complaint and compel arbitration and denying his … for the design and installation of a pool. Plaintiff was free to accept or reject A&S's services and could have hired …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … defendants), and dismissed plaintiff's thirteen-count complaint alleging breach of contract and various negligence … court was well aware of the landlord-tenant action and was free to consider filings in that matter as they were a …
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… Argued October 10, 2018 – Decided February 26, 2019 Before Judges Suter and Firko. On appeal from Superior Court … drove up the street. She ran up to another person who was coming over to her, and he called 911. The police arrived … robbery. Linda's first encounter with defendant was stress-free because she 7 A-2345-15T4 thought he was a bouncer at …
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… Argued February 4, 2019 – Decided February 26, 2019 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … & Associates, LLC and dismissing their legal malpractice complaint with prejudice. For the reasons that follow, we … of the closing, Walker was unable to deliver its containers free of liens and encumbrances because title to the …
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… Submitted December 20, 2018 – Decided Before Judges Simonelli, Whipple and DeAlmeida. On appeal from … with five years parole ineligibility. A $500 Violent Crimes Compensation Board (V.C.C.B.) fine was also levied as … infer D.H. was lying on the stand. Moreover, the jury was free to infer how fast defendant was driving because the …
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… Submitted March 26, 2019 – Decided April 26, 2019 Before Judges Yannotti, Gilson and Natali. On appeal from … the driver made a left turn onto Mercer, but failed to come to a complete stop at the stop sign. The Toyota turned … OF THE MOTOR VEHICLE VIOLATED DEFENDANT'S RIGHT TO BE FREE FROM UNLAWFUL SEARCH AND SEIZURE GUARANTEED BY THE NEW …
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… Submitted February 11, 2019 – Decided April 25, 2019 Before Judges Gooden Brown and Rose. On appeal from Superior … CPA, has determined his historical annual gross personal income to be between $115,000 and $130,000. Both parties … [plaintiff] the totals described in Paragraph 3.5 tax[-] free, from the sale of the marital residence. Under the …
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… and LISA ANN MIRMANESH, individually and derivatively for WATERVIEW ESTATES CONDOMINIUM ASSOCIATION, INC., … denied their motion to change venue, for leave to file a complaint against the then court-appointed receiver Michael … endeavor." Notte, 185 N.J. at 501. Accordingly, "courts are free to refuse leave to amend when the newly asserted claim …
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… Argued May 14, 2019 – Decided July 3, 2019 Before Judges Yannotti and Gilson. On appeal from the Superior … wholesale or storage establishments; research laboratories; computer centers; and general business and professional … the views of its planning expert. The Zoning Board was also free to reject the contrary testimony given by plaintiffs' …
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… Argued October 24, 2018 – Decided August 28, 2019 Before Judges Koblitz, Ostrer and Currier. On appeal from the … motion to stay Itzhakov's breach-of-contract suit and to compel arbitration before the Badatz Rabbinical Court of … interpretation . . . even when the contract on its face is free from ambiguity." Atl. N. Airlines, Inc. v. Schwimmer, …
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… Argued October 22, 2019 – Decided January 15, 2020 Before Judges Hoffman, Currier and Firko. NOT FOR PUBLICATION … age discrimination. In 2017, plaintiff filed an amended complaint, asserting claims of fraudulent concealment and … the handbook to its Members for use, but they remain free to reject or modify it as they see fit. Sunrise …
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… Argued November 13, 2019 – Decided Before Judges Yannotti, Hoffman and Currier. On appeal from … the presence of alprazolam, a prescription medication commonly known as Xanax, at a concentration of thirty- five … HIS CONSENT WAS TAINTED BY HIS UNLAWFUL ARREST AND WAS NOT FREELY AND VOLUNTARILY GIVEN. [A.] Defendant's Consent Was …
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… December 18, 2019 – Decided January 30, 2020 Before Judges Yannotti and Firko. On appeal from the Superior … the estate, dismissed his order to show cause and verified complaint with prejudice, and denied other relief. We … estate, provide Bell with title to Ms. Franklin's vehicle free of any debt, and distribute the remainder of the estate …
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… Argued January 14, 2020 – Decided February 12, 2020 Before Judges Hoffman, Currier and Firko. On appeal from the … with three bullet wounds. He recognized the man from the community as Kason Wilson. Edgar also observed three spent … at 557. Criminal defendants are "entitled to a jury that is free of outside influences and [that] will decide the case …
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… Submitted January 21, 2020 – Decided Before Judges Sumners and Geiger. On appeal from the Superior … defendant to get on the ground. After defendant failed to comply, the police unsuccessfully attempted to gain control … concurrent or consecutive sentences: (1) there can be no free crimes in a system for which the punishment shall fit …
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… Argued January 6, 2020 – Decided Before Judges Sabatino and Natali. On appeal from the Superior … department, was patrolling the Asbury Park Garden Apartment Complex. Sergeant Pettway testified at a pretrial … the issue of whether a reasonable person would have felt free to leave once the sergeant made those imperative …
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… Submitted January 6, 2020 – Decided March 20, 2020 Before Judges Vernoia and Susswein. On appeal from the … who walked away. Detective Knox testified that it is common for individuals to sit on other persons' property to … those individuals would reasonably believe that they are free to walk away or ignore police questions. State v. …