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2056 LARRY POLI v. DAIMLERCHRYSLER CORPORATION, -- rank: 431

... Court of New Jersey, Law Division, Camden County, Docket No. L- 9618-98.         Power & Associates, attorneys for appellant (Michael D. Power ... Law, a complaint must allege that (1) "[the plaintiff] report[ed] a nonconformity in [the] motor vehicle to the manufacturer or ... earlier," N.J.S.A. 56:12-31, and that (2) "the manufacturer or its dealer [was] unable to repair or ... v. Volkswagon United States, Inc. , 96 N.J.A.R. 2 d (CMA) 190 (1996) . This interpretation of the statute by ... administration is entitled to substantial deference, Earl v. Johnson & Johnson , 158 N.J. 155 , 167 (1999), which provides additional support for ... counted from the vehicle's Warranty Start Date," See footnote 2 2 defendant is obligated to "cover[] the cost of ...

docket:	A0030-00
court:	NJ Superior Court Appellate Division
decided:	2002-03-15
status:	published
citation:	349 N.J. Super. 169 793 A.2d 104
Document Size:	27199

2057 MARK TANNEN v. WENDY TANNEN -- rank: 431

... Snyder argued the cause for respondent/cross-appellant (Snyder & Sarno, L.L.C., attorneys; Mr. Snyder, of counsel and on the brief ... certain investment account in plaintiff's name (the Vanguard account); 2) the amount of permanent alimony awarded to her pursuant to ... the action and by forcing them to proceed without discovery; 2) plaintiff lacked standing to bring any claims against them; 3 ... on a trip with some friends, but her father refused. 2 Defendant made no other requests for funds from the WTT ... under the Restatement (Third) of Trusts § 50 comment d(2) (2003), 3 the terms "support and maintenance and the ...

docket:	a4185-07
court:	New Jersey Superior Court Appellate Division
decided:	2010-08-31
status:	Published
citation:	416 N.J. Super. 248 3 A.3d 1229
Document Size:	102460

2058 TRICO EQUIPMENT, INC v. ELLSEE CONSTRUCTION CO., L.L.C. -- rank: 431

... EQUIPMENT, INC., Plaintiff-Respondent/ Cross-Appellant, v. ELLSEE CONSTRUCTION CO., L.L.C., Defendant-Appellant/ Cross-Respondent. _______________________________________ December 19, 2012 Submitted April ... Court of New Jersey, Law Division, Mercer County, Docket No. L- 2091-08. Steven D. Janel, attorney appellant/cross-respondent. Kreiser & Associates, P.C., attorneys for respondent/cross-appellant (Travis L. Kreiser, on the brief). PER CURIAM Defendant Ellsee Construction Co., L.L.C., rented heavy construction equipment from plaintiff Trico Equipment, ...

docket:	a4130-09
court:	NJ Superior Court Appellate Division
decided:	2012-12-19
status:	unpublished
citation:
Document Size:	45096

2059 IN THE MATTER OF THE ESTATE OF ROSALIE JEAN RYAN -- rank: 431

... Jersey, Chancery Division, Gloucester County, Docket No. 16- 00705. Daniel L. Mellor argued the cause for appellant/cross- respondent Veronica A. Kirschling (Kulzer & DiPadova, PA, attorneys; Daniel L. Mellor, on the briefs). John H. Shindle argued the cause ... Rosalie Jean Ryan, No. A-2806-19, slip op. at 2 (App. Div. December 1, 2021). We note that the decedent ... Rosalie Jean Ryan and Rosalie Jeanne Ryan. A-2252-21 2 To determine the issues before us, we must construe our ... Orange, 223 N.J. 589, 596 (2015) (citing Manalapan Realty, L.P. v. Twp. Comm., 140 N.J. 366, 378 (1995 ... threefold: (1) unrestricted access to the courts for all persons; (2) ensuring equity by not penalizing persons for exercising their ...

docket:	a2252-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-16
status:	Unpublished
citation:
Document Size:	33364

2060 STATE OF NEW JERSEY v. JERMAINE MCINTYRE -- rank: 431

... possession of a weapon, N.J.S.A. 2C:5-2. The indictment alleged that, on May 27, 2002, defendant and ... U.S. 6 , 10, 68 S. Ct. 374 , 376, 92 L. Ed. 433 , 436 (1948), which "visits a great hardship on the ... U.S. 135 , 154, 65 S. Ct. 1443 , 1452, 89 L. Ed. 2103 , 2115 (1945). However, we need not decide that question ... an "aggravated felony." 8 U.S.C.A. § 1227(a)(2)(A)(3). The term "aggravated felony" has been defined ...

docket:	a1280-07
court:	NJ Superior Court Appellate Division
decided:	2008-12-05
status:	unpublished
citation:
Document Size:	59177

2061 SIRIA HERNANDEZ v. LA FORTALEZA, INC. -- rank: 431

... Court of New Jersey, Law Division, Passaic County, Docket No. L-2877-19. 1 We note defendant-respondent is identified in ... on the brief). Kenneth Lowell Rose, attorneys for respondent (Kenneth L. Rose, of counsel and on the brief; Jeffrey M. Zajac ... even if [they] br[oke] for lunch.' A-0367-22 2 Hernandez was summoned as the first witness. The trial judge ... it has to be her voice. How do I move 2 The judge explained 'Courtsmart . . . was not running . . . . [h]owever because ... courtroom, the[] back-up recording system . . . [was] running . . . . [and] record[ed] the dialogue between [p]laintiff[s'] . . . trial counsel . . . and [p ... be opening his mouth to say anything.' Defense counsel 'continu[ed the] objection about coaching.' Further, defense counsel advised that ...

docket:	a0367-22
court:	NJ Superior Court Appellate Division
decided:	2024-01-05
status:	Unpublished
citation:
Document Size:	32380

2062 /usr/local/share/www/libweb/collections/courts/appellate/10290-11.opn.html -- rank: 431

... of Merrill Creek within Harmony, consisting of approximately 840 acres. 2 The ten individual parcels under appeal for the 2011, 2012 ... City of Newark , 10 N.J. 99, 105 (1952); See L. Bamberger & Co. v. Div. of Tax Appeals , 1 N.J ... Taxation , 7.3, at 101 (David E. Crabtree) (1 st ed. 2007); See Pantasote Co. v. City of Passaic , 100 N ... rejected. See Atlantic City v. Atlantic City Bd. of Tax , 2 N.J.Tax 30 , 42-43 (Tax 1980). Although the ... of Real Estate Appraisers, The Appraisal of Real Estate (9 ed. 1987) at 345-55. The first step is the determination ... subject improvements. [ The Appraisal of Real Estate 385 (13 th ed. 2008).] Merrill Creek’s expert appraiser used the reproduction ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	113221

2063 ISMAEL NEGRON v. MELCHIORRE, INC., et al. -- rank: 431

... Court of New Jersey, Law Division, Cumberland County, Docket Nos. L-491-00 and L-245-01. Elizabeth A. Wilson argued the cause for appellants ... the offer, the sanctions available under R ule 4:58-2, when: (1) defendant did not accept plaintiff's offer within ninety days of its service; (2) the first trial in the underlying litigation was nullified as ... at any time thereafter. Pursuant to R ule 4:58-2, the trial court held that plaintiff was entitled to recover ... hold that the sanctions provided in R ule 4:58-2 are enforceable against the party who fails to accept ...

docket:	a5105-04
court:	njappellate
decided:	2006-12-01
status:	published
citation:	*CITE_PENDING*
Document Size:	113026

2064 STATE OF NEW JERSEY v. DEVON FLOYD -- rank: 431

... parole pursuant to N.J.S.A. 2C:43-7.2 (No Early Release Act), for his 2002 conviction of aggravated ... U.S. 668 , 685, 104 S. Ct. 2052 , 2063, 80 L. Ed.2d 674 , 692 (1984). Whether "retained or appointed," such counsel ... at 685-86, 104 S. Ct. at 2062-63, 80 L. Ed. 2d at 692 (quoting McMann v. Richardson , 397 U.S ... n.14, 90 S. Ct. 1441 , 1449 n.14, 25 L. Ed.2d 763 , 773 n.14 (1970)). The New ...

docket:	a3140-07
court:	NJ Superior Court Appellate Division
decided:	2009-03-11
status:	unpublished
citation:
Document Size:	47121

2065 STATE OF NEW JERSEY v. JAMES T. BANKOWSKI -- rank: 431

... oral sex" with a certain male friend of the family. 2 The wife testified that this remark upset her, as the ... denied , 516 U.S. 1129 , 116 S. Ct. 949 , 133 L. Ed.2d 873 (1996); see also N.J.R.E. 403 ... denied , 552 U.S. 1146 , 128 S. Ct. 1074 , 169 L. Ed.2d 817 (2008). "Challenged portions of a jury charge must ... cert. denied , 367 U.S. 910 , 78 S. Ct. , 1157, 2 L. Ed.2d 1160 (1958)). Viewed within the context ...

docket:	a3964-08
court:	superior court appellate division
decided:	2010-10-13
status:	unpublished
citation:
Document Size:	94749

2066 STATE OF NEW JERSEY v. JOHN M. CLARKE -- rank: 431

... conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count four ... Early Release Act, N.J.S.A. 2C:43-7.2. Defendant now appeals and raises the following claims: POINT I ... of producing an unjust result.'" Id. at 89 (quoting R. 2:10-2). A jury charge will not be considered plain error unless ... denied , 399 U.S. 930 , 90 S. Ct. 2254 , 26 L. Ed.2d 797 (1970); R. 2:10-2. 1. Accomplice ...

docket:	a2768-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-05
status:	unpublished
citation:
Document Size:	41637

2067 STATE OF NEW JERSEY v. DALE SCOTT -- rank: 431

... to third degree burglary, N.J.S.A. 2C:18-2, count one, and the State agreed to dismiss the remaining ... to investigate and obtain exculpatory video evidence establishing his alibi; (2) did not challenge an unsworn statement against him, the impermissibly ... not functioning as counsel guaranteed by the Sixth Amendment ; and (2) defendant suffered prejudice as a result. [ State v. L.A. , 433 N.J. Super. 1 , 13 (App. Div. 2013 ... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed. 2d at 674 (1984) and United States v. Cronic , ...

docket:	a0833-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-19
status:	unpublished
citation:
Document Size:	20777

2068 STATE OF NEW JERSEY v. VICTOR E. AGUIRRE -- rank: 431

... robbery convictions. We affirm. I. Defendants Aguirre, Macao and Jose L. Montes de Oca were charged by a Union County Grand ... Release Act (NERA), N.J.S.A. 2C:43-7.2, consisting of consecutive seven-year terms subject to NERA on ... IN NOT GRANTING 820 DAYS JAIL CREDIT FROM 8/21/2 008 TO 11/1/2010. WHERE SENTENCE WAS RAN CONCURRENT ... deprived the defendant of a fair trial." State v. Frost , 158 N.J. 76 , 83 (1999). We review questions of prosecutorial ... counsel made timely and proper objections to the improper remarks; (2) whether the remarks were withdrawn promptly; and (3) whether the ... v. R.B. , 183 N.J. 308 , 330 (2005); R. 2:10-2. We first note that when Montes de ...

docket:	a3809-10
court:	NJ Superior Court Appellate Division
decided:	2013-02-27
status:	unpublished
citation:
Document Size:	54118

2069 STATE OF NEW JERSEY v. DARION FIELDS -- rank: 431

... 2011 Submitted: January 31, 2011 – Decided: Before Judges C.L. Miniman and LeWinn. On appeal from Superior Court of New ... in the indictment. The first offense was committed on October 2, 2000, and the second offense was committed on October 7 ... Release Act (NERA), N.J.S.A. 2C:43-7.2. The plea agreement did not calculate any credits for the ... mandatory period of parole ineli­gibility is 10 years and 2 months." The State further agreed that it would recommend that ... NERA. The balance of the charges relating to the October 2, 2000, crimes were to be dismissed. Defendant testified during his ... spent in custody ( N.J.S.A. 2C:44-5b(2))" of 935 days from November 6, 2000 to May ...

docket:	a2635-09
court:	NJ Superior Court Appellate Division
decided:	2011-02-17
status:
citation:
Document Size:	35090

2070 B.C. v. nEW JERSEY DIVISION OF CHILD PROTECTION and PERMANENCY -- rank: 431

... grandparent visitation complaint, pursuant to N.J.S.A. 9:2-7.1. The Division responded that the trial judge appropriately ... under the grandparent visitation statute, N.J.S.A. 9:2-7.1, which they would ordinarily seek to assert in ... was thirteen years old when the FD complaint was filed. 2 The Division has been involved with the family since 2008 ... grandparents might be enabling or exacerbating his behavior. A May 2, 2016 FN order required that B.C. and his wife ... court's decision is de novo." R.K. v. D.L. , 434 N.J. Super. 113 , 142 (App. Div. 2014) (citing ... Felton , 219 N.J. 199 , 216 (2014) (quoting Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. ...

docket:	a4805-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-11
status:	published
citation:	450 N.J.Super. 197 161 A.3d 125
Document Size:	37916