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… Argued June 8, 2017 – Decided September 6, 2017 Before Judges Hoffman, O'Connor and Whipple. On appeal from … Division, Probate Part, dismissing plaintiffs' verified complaint and Thomas's counterclaim. Having thoroughly … and nephew should receive the biggest part of his estate, free of trust, instead of the organizations named by his …
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… Argued December 20, 2016 – Decided Before Judges Ostrer and Leone. On appeal from Superior Court … order granting Arseneault's motion to dismiss Michael's complaint without prejudice for failure to state a claim, … "as she began to back away from Michael, in an attempt to free herself," and that while he "didn't specifically push …
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… Submitted May 10, 2017 – Decided Before Judges Simonelli, Carroll and Gooden Brown. On appeal … N.J.S.A. 2C:15- 1 (count one); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count … THE NISSAN AUTOMOBILE VIOLATED THE DEFENDANT'S RIGHT TO BE FREE FROM UNLAWFUL SEARCH AND SEIZURE GUARANTEED BY THE NEW …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … an off-duty Newark police officer, Daniel DeAmorim, and his companion, S.J.,2 at the Swan Motel in Linden. In addition, … As we stated in Berardi, This is an issue that to us is not free from doubt. Nevertheless, we normally hesitate to find …
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… Plaintiff-Appellant, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, PROGRESSIVE GARDEN STATE INSURANCE COMPANY, PROGRESSIVE FREEDOM INSURANCE COMPANY, and DRIVE NEW JERSEY INSURANCE … complaint. Instead, the substantive issues can be revisited at a later time on a motion for summary judgment, …
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… JAMES and GENA JAMES, Plaintiffs, and PRECAST MANUFACTURING COMPANY, L.L.C. and GPF LEASING, L.L.C., … LEASING, L.L.C., Plaintiffs/Intervenors- Appellants, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … and design of transportation routes which will promote the free flow of traffic while discouraging location of such …
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… (A-0593-16) March 13, 2017 - Decided April 11, 2017 Before Judges Nugent, Haas and Currier. On appeal from … in part, memorializing its decision in an order and accompanying memorandum. Following the court's decision, the … Your house how about the cars? [Defendant:] Go ahead feel free. [Detective Sachau:] I'm just checking, you're okay …
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… Cross-Appellant, and XL SPECIALTY INSURANCE COMPANY and S.M. ELECTRIC COMPANY, INC., Defendants, and TAK … Third-Party-Plaintiff, v. IMPERIAL CONSTRUCTION GROUP, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … City of Perth Amboy (the City). The project envisioned a free-standing building housing the fire department and …
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… Defendant-Appellant. Argued February 8, 2017 – Decided Before Judges Simonelli, Carroll and Gooden Brown. On appeal … THE DEFENDANT. (Not raised below) POINT VI THE PROSECUTOR'S COMMENTS DURING SUMMATION ON THE DEFENDANT'S FAILURE TO … footage was adjudicated. The State is generally not free to destroy discoverable evidence post-complaint. See …
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… Argued January 8, 2018 – Decided Before Judges Sabatino, Ostrer and Whipple. On appeal from the … his job through the mayor at the time, but the ZBA, in compliance with the Municipal Land Use Law, N.J.S.A. … services to another board of adjustment (although he was free to do so) (C-5); and petitioner could quit at any time …
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… Defendant-Appellant. Submitted October 6, 2016 – Decided Before Judges Fuentes, Carroll, and Gooden Brown. On appeal … 4 A-0060-14T2 POINT V BECAUSE THE OFFICERS FAILED TO COMPLY WITH THE RECORDING REQUIREMENT OF STATE v. DELGADO, … firearms." Maslanich testified, "if [defendant] had an arm free, he would have been able to reach the pile of …
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… Argued January 18, 2018 – Decided Before Judges Simonelli, Rothstadt and Gooden Brown. On appeal … officer, was convicted of second-degree conspiracy to commit official misconduct, N.J.S.A. 2C:5-2 and N.J.S.A. … leans toward the passenger side and his left arm becomes free and he raises his left arm along with his right arm; …
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… Argued November 14, 2017- Decided Before Judges Leone and Mawla. On appeal from Superior Court … numbness that became "stabbing sharp pains." Dr. Vega recommended physical therapy. On July 25, 2012, plaintiff saw … may argue from the evidence any conclusion which a jury is free to reach.' 'Indeed, counsel may draw conclusions even …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … NO. A-2134-14T1 A-4630-14T1 THE STOP & SHOP SUPERMARKET COMPANY, LLC, Plaintiff-Appellant/ Cross-Respondent, v. THE … Plaintiff-Appellant, v. THE BERGEN COUNTY BOARD OF CHOSEN FREEHOLDERS, THE BERGEN COUNTY PLANNING BOARD, AND INSERRA …
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… adopted in his supplemental pro se brief, "Jeffery." NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … ITS DISCRETION WHEN IT REFUSED TO DISMISS JUROR NO. TWO FOR COMMENTING OUT LOUD ON DEFENSE TACTICS IN THE JURY ROOM. THE … the case based solely on the evidence presented at trial, free from the taint of outside influences and extraneous …
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… Submitted January 31, 2017 – Decided Before Judges Ostrer, Leone and Vernoia. On appeal from the … vehicle and observed Pagan smoking from a glass cylinder, commonly referred to as a crack pipe. As Cancel exited his … Below)[.] 9 A-4012-14T2 POINT V [] DEFENDANT'S RIGHT TO BE FREE FROM UNREASONABLE SEARCHES AND SEIZURES AS GUARANTEEED …
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… Argued May 18, 2022 – Decided June 27, 2022 Before Judges Hoffman, Whipple and Geiger. On appeal from the … sales are done," and the NBPD had received numerous complaints from citizens that "numerous individuals were … humans, no trial 17 A-2552-19 can ever be entirely free of even the smallest defect. Our goal, nonetheless, …
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… FUTURE NOW ENERGY, LLC, an Illinois Limited Liability Company, FUTURE NOW ENERGY LIMITED PARTNERSHIP, a Michigan … though the Niessners permitted him to continue living rent- free in a home they owned in Berlin, New Jersey, and added … 220 N.J. Super. 250, 257 (App. Div. 1987). Once it did revisit the issue, its decision to allocate an equal portion …
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… Argued September 27, 2021 – Decided April 22, 2022 Before Judges Sumners and Vernoia. On appeal from the Superior … of the attenuation issue. I. An August 15, 2016 complaint-warrant charged defendant with possession of … consider the State's argument because a prevailing party is free to argue any legal point on appeal that supports the …
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… Submitted October 19, 2020 – Decided April 19, 2022 Before Judges Currier, Gooden Brown and DeAlmeida. On appeal … [I] THE TRIAL COURT ERRED IN FAILING TO INCLUDE IN ITS ACCOMPLICE LIABILITY CHARGE THE LANGUAGE REQUIRED BY STATE V … the case based solely on the evidence presented at trial, free from the taint of outside influences and extraneous …