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… disability claim and related request for a reasonable accommodation to keep a dog that exceeded the weight limit as … filed a counterclaim alleging plaintiff violated the Fair Housing Act (FHA), 42 U.S.C. §§ 3601–3631, and the New … under the NJLAD or the FHA to justify an accommodation or classifying the dog as an emotional support animal. Plaintiff …
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… VIOLATED DEFENDANT'S DUE PROCESS ON THE RIGHT OF A FAIR TRIAL BY MAKING IMPROPER STATEMENTS DURING SUMMATION, … DEFENDANT'S 5TH[,] 6TH[,] AND 14TH AMENDMENT RIGHTS[,] COMMITTING PROSECUTORIAL MISCONDUCT. (Not Raised Below). … decision under an abuse of discretion standard. State v. Fuentes, 217 N.J. 57, 70 (2014). We must determine whether: …
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… station, Gansel worked with Officer Christopher Heffner to complete the paperwork and observe defendant for a … argument that White's testimony was irrelevant or "unfairly prejudicial." Next, the judge concluded there was … '[t]here is a lesser expectation of privacy in one's automobile . . . than in one's home.'" Ibid. (quoting State v. …
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… appeals from his jury trial convictions for murder as an accomplice and conspiracy to commit murder. He also appeals his thirty-year parole … CO-DEFENDANT CURTIS W. MILLER'S CONSTITUTIONAL RIGHTS TO A FAIR TRIAL AND DUE PROCESS U.S. CONST. AMENDS. VI, XIV. 7 …
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… from his jury trial convictions for murder, conspiracy to commit murder, and related weapons offenses. He also appeals … D. Wilkins, who was convicted of murder, as defendant's accomplice, and conspiracy to commit murder.1 Defendant … and to make additional findings with respect to the overall fairness of the imposition of consecutive sentences as …
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… surveillance in an unmarked vehicle at the apartment complex at 55 Reservoir Avenue. Miller had "received … on the motion. Counsel stated the judge's decision was "fair," but he argued the 2017 conviction should be … Another exception to the warrant requirement is the automobile exception. State v. Cohen, 254 N.J. 308, 319-20 …
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… NOS. A-0621-20 A-3211-21 ALLSTATE NEW JERSEY INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY, ALLSTATE INSURANCE … HEALTH AND WELLNESS, LLC, MARKLEY S. RODERICK, ESQ., and FLASTER GREENBERG, PC, Defendants-Respondents, and NOT FOR … through the avoidance of piecemeal decisions; (2) fairness to parties to the action and those with a material …
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… filed a lis pendens against the Magnolia property — twice — complicating Sam's efforts to sell it. 4 A-2384-21 any … (b) prepare and record a quitclaim deed to Avi," and lastly, "(c) reimburse Avi for real estate taxes or other … property abandoned. See Band's Refuse Removal, Inc. v. Fair Lawn, 64 N.J. Super. 1, 5 (App. Div. 1960) …
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… from a February 1, 2023 Law Division order dismissing their complaint in lieu of prerogative writs and affirming … preliminary and final site plan approval for a Wawa with a fueling station. We affirm. I. The following facts are … (1990) (alteration in original) (quoting Kohl v. Mayor of Fair Lawn, 50 N.J. 268, 275 (1967)). The MLUL vests a zoning …
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… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … as a lawyer and to ensure that the overall venture is fair and transparent.” Levin also 1 The law applicable to … instead of New Jersey law. 10 5, 2024), ¶ 2. At that last minute, Levin supplied to the court a certification …
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… we use their first names for clarity because they share a last name. In doing so, we mean no disrespect. 3 A-2915-22 … the Board's decision and dismissing with prejudice his complaint in lieu of prerogative writs. We affirm. I. The … a use variance.'") (quoting Smart SMR of N.Y., Inc. v. Fair Lawn Bd. of Adjustment, 152 N.J. 309, 323 (1998)). The …
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… And Is Substantially Lower At The Age That Defendant Will Complete A 5 A-3269-22 Midrange Sentence, The Goal Of … to rob Duque-Soto, a suspected drug dealer, in his Fairview apartment on June 29, 2019. To that end, Torres, … legal conclusions 21 A-3269-22 de novo." State v. Nicolas, 461 N.J. Super. 207, 211 (App. Div. 2019). [State v. …
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… Johnson looked behind the piles of debris and shone their flashlights towards the roof but did not find any individuals … individuals by their first name because they share a common surname. By doing so, we intend no disrespect. 9 … whether, given all the circumstances . . . there is a fair probability'" that a crime has been committed. State v. …
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… RUVOLDT PLLC, Plaintiff-Appellant, v. SENTINEL INSURANCE COMPANY, LIMITED, THE HARTFORD FINANCIAL SERVICES GROUP, and … Hartford breached the implied covenant of good faith and fair dealing when Sentinel denied plaintiff's April 2020 … and common law fraud claims against Sentinel and Hartford. Last, we address plaintiff's arguments the court erred by …
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… DIVISION DOCKET NOS. A-2830-21 A-3320-21 STAVOLA ASPHALT COMPANY, INC. and STAVOLA LEASING, LLC, … often "oiled up" the body of their trucks with diesel fuel, which can be destructive when leaking onto roadways; … 150 total trips per day, including trucks and automobiles, an increase of only 0.5 percent of traffic on …
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… which officers found three kilos of heroin in a hidden compartment built into the dashboard. Defendant contends the … owned by his friend "Jose," but was unable to give Jose's last name or address. Defendant also stated he was traveling … 252 N.J. 277, 295 (2022). "To advance the goal of providing fair and just criminal trials, we have adopted an open-file …
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… a broken driver's side window, cigarette butts, broken glass, and five bullet shell casings, each marked "Win 40 … 2C:11-3(a)(1)(2) (count one); first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3(a)(1) … OF THOSE ERRORS WAS TO DENY DEFENDANT DUE PROCESS AND A FAIR TRIAL. POINT VI AT SENTENCING, THE TRIAL COURT …
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… reported that she had been held against her will and compelled by defendant to engage in prostitution on numerous … a message asking her if Barbara was "black and blue from last night," defendant responded: "She made me [$1,400] … II – DEFENDANT WAS DENIED HER RIGHTS TO DUE PROCESS AND A FAIR TRIAL BY THE TRIAL COURT'S REFUSAL TO CHARGE THE JURY …
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… street where he bent down and looked into one of two black plastic bags that were located next to a fence near a public … findings, the court found the search of the bags "was . . . completely justified." The court further determined it was … Abandoned. POINT II DEFENDANT WAS DENIED DUE PROCESS AND A FAIR TRIAL BY THE ADMISSION OF "SLANG" EXPERT TESTIMONY …
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… and MIRONOV, SLOAN & PARZIALE, LLC f/k/a BECK, WEISS & COMPANY, P.A., Defendants. NOT FOR PUBLICATION WITHOUT THE … Stephen M. Orlofsky.1 We affirm the judgments for the comprehensive and thorough written reasons expressed by … contract; breach of the implied covenant of good faith and fair dealing; breach of fiduciary duties, violations of the …