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2071 ADS ASSOCIATES GROUP INC v. ORITANI SAVINGS BANK -- rank: 431

... Court of New Jersey, Law Division, Bergen County, Docket No. L-3648-06. Gary S. Newman argued the cause for appellants/‌cross-respondents (Newman & Denburg, LLC, and Seidman & Pincus, L.L.C., attorneys; Mr. Newman and Mitchell B. Seidman, of counsel ... shareholder of ADS, had an established business with "minority status." 2 Therefore, Allen proposed "a joint venture for the project," and ... required to remove any money from the account. On October 2, 2003, Allen and Sanchez opened Account No. XXXXXX3604 (3604) in ... as treasurer, and the form stated: "Number of Signatures Required: 2." On a separate business account signature card, Allen and ...

docket:	a2999-08
court:	NJ Superior Court Appellate Division
decided:	2011-12-29
status:	unpublished
citation:
Document Size:	66108

2072 STATE OF NEW JERSEY v. LIONEL D. BROWN -- rank: 431

... JR., a/k/a LYNEL BROWN, a/k/a KEVIN L. COOPER, Defendant-Appellant. ___________________________________ October 10, 2017 Submitted January 18, 2017 ... Early Release Act, N.J.S.A. 2C:43-7.2, which we affirmed in an excessive sentencing appeal. Brown later ... denied , 545 U.S. 1145, 125 S. Ct. 2973, 162 L. Ed. 2d 898 (2005), we apply the two-pronged Strickland test ... Washington , 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984); State v. Fritz , 105 N.J. ...

docket:	a0629-14
court:	NJ Superior Court Appellate Division
decided:	2017-10-10
status:	unpublished
citation:
Document Size:	27851

2073 STATE OF NEW JERSEY v. JOSEPH A. SALLADINO -- rank: 431

... Division, Cape May County Indictment No. 12-09-00579. Robert L. Taylor, Cape May County Prosecutor, attorney for appellant (J. Vincent ... had engaged in criminal activity sufficient "to conduct a Terry [ 2 ] type stop," the pat-down was unlawful because he did ... 2011)), cert. denied , ___ U.S. ___, 133 S. Ct. 1504 , 185 L. Ed.2d 558 (2013). We do not, however, defer to a ... U.S. at 27, 88 S. Ct. at 1883, 20 L. Ed. 2d at 909. "An investigatory police stop, sometimes referred ...

docket:	a2175-12
court:	NJ Superior Court Appellate Division
decided:	2013-09-25
status:	unpublished
citation:
Document Size:	28434

2074 STATE OF NEW JERSEY v. OMAR WALKER -- rank: 431

... of third degree distributing heroin, a controlled dangerous substance (CDS), 158 N.J. 112, 128 (1999). The charge must provide the ... We review this issue under the plain error standard, R. 2:10-2, because defense counsel did not request that the trial court ... denied , 399 U.S. 930 , 90 S. Ct. 2254 , 26 L. Ed.2d 797 (1970). Failure to provide an identification charge constitutes ... Arizona , 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. Ed.2d 694 (1966), was the result of tactics ...

docket:	a3460-06
court:	njappellate
decided:	2009-03-10
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	36892

2075 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

2076 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:	a4211-07
court:	New Jersey Superior Court Appellate Division
decided:	2010-08-31
status:	Published
citation:
Document Size:	102292

2077 STATE OF NEW JERSEY v. ZABIAN HARVEY -- rank: 431

... NEW JERSEY, Plaintiff-Respondent, v. ZABIAN HARVEY, Defendant-Appellant. _ February 2, 2016 _______________________________ Submitted January 11, 2016 – Decided Before Judges Fasciale ... sufficient merit to warrant discussion in a written opinion." R. 2:11-3(e)(2). We add the following brief comments. Rule 3:22-12 ... fair trial. Strickland v. Washington , 466 U.S. 668 , 687, l 04 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984); accord State v. Fritz , 105 ...

docket:	a0652-14
court:	NJ Superior Court Appellate Division
decided:	2016-02-02
status:	unpublished
citation:
Document Size:	18089

2078 /usr/local/share/www/libweb/collections/courts/appellate/a3357-14a3395-14.opn.html -- rank: 431

... conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count two ... to dismiss count six pursuant to Rule 3:18-1. 2 A-3357-14T2 merger, Wilson was sentenced to an aggregate ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Flagler was sentenced to an aggregate extended term of thirty ... from the trial record. On August 10, 2012, M.I.2 was in Jersey City selling home theater and stereo systems ... in Jersey City so that they could make a purchase. 2 We use initials to identify the victim to protect his ... beginning with the letter B and ending with the letter L. He described the weapon as a 'black colored revolver ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	85745

2079 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

2080 STATE OF NEW JERSEY v. TIMYAN CABBELL STATE OF NEW JERSEY - v. JOHN CALHOUN - -- rank: 431

... NEW JERSEY, Plaintiff-Respondent, v. JOHN CALHOUN, Defendant-Appellant. ____________________________ November 2, 2009 Submitted September 23, 2009 - Decided Before Judges Stern and ... Smith Segars, Public Defender, attorney for appellant Timyan Cabbell (Jay L. Wilensky, Assistant Deputy Public Defender, of counsel and on the ... counsel and on the brief in A-6015-05T4; Meredith L. Balo, Assistant Prosecutor, of counsel and on the brief in ... Calhoun) arise from the homicide of Paul Lecaros on April 2, 2004. On that date, Louis Lecaros (Mr. Lecaros) was working ... acting as DJ for the evening. After closing time at 2:00 a.m., Mr. Lecaros gave three waitresses (Sandra Narvarro ... had returned from a club to her apartment at about 2:30 a.m. When they heard gunshots, they looked ...

docket:	a3069-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-11-02
status:	unpublished
citation:
Document Size:	54699

2081 STATE OF NEW JERSEY v. JOSEPH WATSON -- rank: 431

... Again, defendant "used his arms for balance and he sway[ed] while he was balancing." Officer Shanley placed defendant under arrest ... to use the Alcotest, explained how to operate the machine. 2 In this case, defendant gave eight separate breath samples, which ... Wingo , 407 U.S. 514 , 92 S. Ct. 2182 , 33 L. Ed.2d 101 (1972), adopted by our Supreme Court in State ... arguments for our consideration in his appeal: POINT I THE 2,756 DAY (91 MONTHS AND NEARLY EIGHT-YEAR) DELAY FROM ... U.S. at 530, 92 S. Ct. at 2192, 33 L. Ed. 2d at 117, the United States Supreme Court ...

docket:	a5066-14
court:	NJ Superior Court Appellate Division
decided:	2017-09-21
status:	unpublished
citation:
Document Size:	54681

2082 THE BOC GROUP, INC., et al. v. FEDERAL INSURANCE COMPANY -- rank: 431

... Court of New Jersey, Law Division, Union County, Docket No. L-4271-03. Anthony J. Marchetta argued the cause for appellants ... Periodic Adjustment Percentage equal to the lesser of (1) or (2)[.] (1) The percentage increase in the Consumer Price Index for ... is a multiple of 1/4 percent shall be used. (2) The 12 month average of one-year Treasury Constant Maturities ... the monthly Treasury Bill rates for the prior year plus 2%); instead, the Plan paid the [claimants] the amounts contained in ... the monthly Treasury Bill rates for the prior year plus 2% and then determine the present value of the age 65 ... Effective October 1, 2003, Federal issued so-called Endorsement No. 2 by which it amended the "benefits due" exclusion as ...

docket:	a4167-05
court:	njappellate
decided:	2007-07-30
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	99019

2083 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

2084 STATE OF NEW JERSEY v. AHMED SUNKINS -- rank: 431

... Release Act (NERA), N.J.S.A. 2C:43-7.2, to run concurrent to a prior sentence. The judge accepted ... set forth in State v. Slater , 198 N.J. 145 , 158-61 (2009), the judge found no colorable claim of innocence ... depriving a defendant of his right to effective representation; and (2) defendant suffered prejudice as a result. Strickland v. Washington , 466 ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984). Our Court has adopted the Strickland ... U.S. at 688, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693. This demands a showing that ...

docket:	a4045-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-07
status:	unpublished
citation:
Document Size:	27904

2085 RONALD J. CAVANAUGH v. SKIL CORPORATION -- rank: 431

... the state-of-the art defense, over defendant's objection; (2) gave a jury charge on the state-of-the-art ... to properly instruct or warn plaintiff about its use; and (2) the Skilsaw was defective in its design, manufacture and lack ... 1) the hazard should be designed out of the product; (2) if the hazard could not be designed out, then it ... s maintenance.     The benefits of a blade brake "far outweigh[ed] any risk of injury that may occur." A blade brake ... the brake. There was an increased risk of (1) electrocution, (2) switch failure, which would prevent the saw from stopping after ... THE JURY AND PREJUDICED A SUBSTANTIAL RIGHT OF DEFENDANT'S.         2.    WHETHER THE TRIAL JUDGE COMMITTED REVERSIBLE ERROR WHEN HE ...

docket:	a2800-96
court:	njappellate
decided:	1999-07-09
status:	published
citation:	331 N.J. Super. 134
Document Size:	110423