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… status as defendants in appellants' mandamus action. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … plaintiffs Richard Tuosto and Cheryl Tuosto filed a complaint for trespass alleging defendants Therese Brady's … specific action when the duty is ministerial and wholly free from doubt, and (2) to compel the exercise of …
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… Argued April 29, 2019 – Decided June 7, 2019 Before Judges Sabatino, Mitterhoff and Susswein. On appeal … Defendant Donnell Gideon was convicted by a jury as an accomplice to a homicide. He now appeals the denial of his … that the testimony of an alibi witness does not have to be free of credibility issues for prejudice to be established; …
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… Argued April 1, 2019 – Decided August 7, 2019 Before Judges Messano, Fasciale and Rose. On appeal from the … area of Olympic Drive, near the Raritan Center industrial complex in Edison, found a child's TMNT sneaker; believing … but rather he was the victim of a homicide. The jury was free to accept Dr. Natajarian's opinion in that regard. It …
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… DIVISION DOCKET NO. A-3378-16T4 ALL VISION, LLC, as agent for New Jersey Transit Corp., an instrumentality of the … the cause for appellant/cross-respondent Carole Media, LLC (Freedman & Friedland, LLC, attorneys; Mitchell B. Seidman, … recover either the billboard structures on those sites or compensation for those structures. Carole Media appeals from …
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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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… 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COMPANY and S.M. ELECTRIC COMPANY, INC., Defendants, and TAK … Third-Party-Plaintiff, v. IMPERIAL CONSTRUCTION GROUP, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … City of Perth Amboy (the City).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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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … an off-duty Newark police officer, Daniel DeAmorim, and his companion, S.J.,2 at the Swan Motel in Linden.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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… 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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… 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 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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… NO. A-5689-16T1 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL FUNDING MORTGAGE SECURITIES, I INC., … Bank). As a result, in 2015, U.S. Bank filed a foreclosure complaint against the Gallaghers. In 2014, John allegedly … would be unjust enrichment for [John] to get th[e] house free of the mortgage with all of those debts and obligations …
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… Argued April 2, 2019 – Decided July 11, 2019 Before Judges Yannotti, Rothstadt and Natali. On appeal from … THE JURY INSTRUCTIONS ON SELF-DEFENSE WERE FATALLY INCOMPLETE. POINT II DEFENDANT'S CONVICTION MUST BE REVERSED[] … desk and asked him to keep it there. Officer Sean Freeman of the New Brunswick Police Department was …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … McGinnis and Thomas Walsh McGinnis (Mazie Slater Katz & Freeman, LLC, attorneys; Adam M. Slater, of counsel and on … curiae Advanced Medical Technology Association, Chamber of Commerce of the United States of America, and the National …
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… Submitted November 16, 2020 – Decided February 12, 2021 Before Judges Currier and DeAlmeida. On appeal from the … side floorboard as well as "vomit all over the interior compartment of the vehicle." They also detected "an odor of … language, which states: "All persons are by nature free and independent, and have certain natural and …
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… THE 1 Pursuant to R.1:38-3(d)(5) initials are continued for plaintiff to maintain confidentiality. NOT FOR … July 23, 2018, and March 15, 2019 orders dismissing his complaint for failure to state a claim and a February 23, … and witnesses are protected "to promote the development and free exchange of information and to foster judicial and …