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2296 STATE OF NEW JERSEY VS MANUEL JENKINS -- rank: 415

... Assistant Deputy         Public Defender, argued the cause for         appellant (Susan L. Reisner, Public         Defender, attorney; Ms. Turner, of         counsel and on ... 2C:5-1 and N.J.S.A. 2C:18-2. The trial court, based on the proofs before the jury ... U.S. 610 , 619, 96 S. Ct. 2240 , 2245, 49 L. Ed.2d 91 , 98 (1976) held that "the use for impeachment ... at 617-18, 96 S. Ct. at 2244-45, 49 L. Ed. 2d at 97-98 (footnotes and citations omitted).]     An ...

docket:	a6664-94
court:	njappellate
decided:	1997-03-21
status:	published
citation:	299 N.J.Super. 61
Document Size:	41686

2297 /usr/local/share/www/libweb/collections/courts/appellate/a4168-19.opn.html -- rank: 415

... RAMOS JR., AUGUSTO AMADOR, EDDIE OSBORNE and A-4168-19 2 CARLOS M. GONZALEZ, Defendants-Respondents. _______________________________ Submitted October 25, 2021 ā ... Court of New Jersey, Law Division, Essex County, Docket No. L-7121-19. Eldridge Hawkins, attorney for appellants. Yvette Gibbons, attorney ... also includes a request for 'dismissal' under Rule 4:46-2, which governs summary judgment motions. The court properly considered the ... of the allegations in the complaint. See R. 4:6-2(e) (providing '[i]f, on a motion to dismiss' for ... challenge orders granting summary judgment pursuant to Rule 4:46-2 and dismissing the complaint for failure to state a claim ... which relief may be granted pursuant to Rule 4:6-2(e), we summarize both the factual allegations in the ...

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court:	New Jersey Superior Court Appellate Division
decided:
status:
citation:
Document Size:	75634

2298 /usr/local/share/www/libweb/collections/courts/appellate/a1841-20.opn.html -- rank: 415

... Part, Monmouth County, Docket No. FM-13-1808-13. Donna L. Maul argued the cause for appellant/cross- respondent (Ansell Grimm & Aaron, PC, attorneys; Donna L. Maul, of counsel and on the briefs). Michael J. Gunteski ... 3(d)(3), (9), (10), and (13). A-1841-20 2 On April 24, 2013, defendant sought a domestic violence temporary ... dual final judgment of divorce (JOD) was entered on June 2, 2014. The terms of a matrimonial settlement agreement (MSA) dated ... 3 The MSA did not contain an anti-Lepis clause.2 The JOD did not resolve the issues of custody and ... parenting time was not necessary. A plan to gradually reduce 2 An anti-Lepis clause waives the parties' rights to ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	56314

2299 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 JERSEY STATE OF NEW JERSEY -- rank: 415

... denied , 416 U.S. 989 , 94 S. Ct. 2396 , 40 L. Ed.2d 767 (1974), the judge concluded that "no reasonable expectation ... U.S. 517 , 526, 104 S. Ct. 3194 , 3200, 82 L. Ed.2d 393 , 402-03 (1984), but a pre-trial detainee ... U.S. 520 , 557, 99 S. Ct. 1861 , 1883, 60 L. Ed.2d 447 , 480 (1979). In Hudson , SCOTUS concluded that ...

docket:	a0865-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-18
status:	unpublished
citation:
Document Size:	23452

2300 MAGIC PETROLEUM CORPORATION v. EXXON MOBIL CORPORATION -- rank: 415

... Court of New Jersey, Law Division, Monmouth County, Docket No. L-3685-03. Stuart J. Lieberman argued the cause for appellant ... A. Gribbin, on the brief). Riker Danzig Scherer Hyland Perretti, L.L.P., attorneys for respondent Marie Tirico, join in the brief ... must take steps "to elevate the Technical Dispute to Step 2 of the Technical Review Process." The record does not reflect ... DEP [with] satisfactory documentation that the requirement has been met"; (2) "to conduct remedial investigation relative to Lot 19.01 consistent ... Thereafter, plaintiff filed this action against Exxon and other defendants 2 seeking an allocation of responsibility for costs expended and ...

docket:	a1218-10
court:	NJ Superior Court Appellate Division
decided:	2011-07-26
status:	unpublished
citation:
Document Size:	46422

2301 SECURITAS SECURITY SERVICES U.S.A., INC - v. NEW JERSEY DEPARTMENT OF TREASURY -- rank: 415

... We do so mindful that there was no adjudicative hearing 2 in this accelerated matter. Consequently, the record before us is ... regions they were bidding on. See RFP, Section 6.4.2. The RFP declared that "[f]or evaluation purposes, bidders will ... 1) the requirement [in question] is not mandated by law; (2) all of the otherwise responsive proposals failed to meet the ... in the public interest to do so. [RFP, Section 7.2.] This standard tracked the applicable procurement statute, N.J.S ... some of the relevant details contained within those addenda. Addendum #2 reaffirmed that the contract was subject to the vendor's ... the federal prevailing wage, plus health and welfare benefits. Addendum #2 further noted that it was the vendor's "business ...

docket:	a2608-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-10
status:	unpublished
citation:
Document Size:	105192

2302 STATE OF NEW JERSEY v. LORENZO BARRENECHEA -- rank: 415

... arrest, however, defendant identified himself as Martin Cruz, living at 158 Park Place. Mooney later learned defendant's true identity and ... had been driving was registered to a person living at 158 Park Place. Mooney also learned that defendant had outstanding arrest ... weeks later, Mooney, accompanied by five additional officers, went to 158 Park Place to execute the arrest warrants. When they arrived ... While being processed, defendant filled out an arrest card reporting 158 Park Place as his residence. Upon these facts, defendant argues ... At trial the girlfriend claimed defendant did not live at 158 Park Place. Instead, he merely slept there three to four ... had an objectively reasonable basis to believe defendant resided at 158 Park Place at the time the arrest warrant was ...

docket:	a6259-03
court:	njappellate
decided:	2006-03-20
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	50570

2303 ESTATE OF NANCY Z PALEY v. BANK OF AMERICA -- rank: 415

... January 6, 2010 - Decided: Before Judges Cuff, Payne and C.L. Miniman. On appeal from the Superior Court of New Jersey, Law Division, Union County, Docket No. L-1841-06. Lavinia Lee Mears argued the cause for appellant ... attorneys; Mr. Sodini and Daniel Barros, on the brief). Madeline L. Houston argued the cause for amicus curiae Consumers League of ... thirty-five years ago with a predecessor of defendant BOA. 2 When she opened the account, she signed a signature card ... against BOA and sought damages for: 1) negligence (count one); 2) breach of fiduciary duty (count two); 3) breach of contract ... prior to the jury's deliberations under Rule 4:37-2, arguing that plaintiff showed no right to relief, but ...

docket:	a5519-07
court:	NJ Superior Court Appellate Division
decided:	2011-04-29
status:	published
citation:
Document Size:	52651

2304 ALISA FORMAN v. MARK FORMAN -- rank: 415

... the expiration of the limited duration alimony term. Paragraph 4.2 of the MSA describes the alimony obligation as "non-modifiable ... expiration of the term set forth in Paragraph [4.1 2 ]. Paragraph 4.6 of the MSA also included a mutual ... J. Super. [56] (App. Div. 1975) and Konzelman v. Konzelman , 158 N.J. 185 (1999). Despite having been advised of same ... to terminate as a result of the Plaintiff's remarriage. 2. Within thirty (30) days of this order, Defendant shall make ... n.17, 97 S. Ct. 1505 , 1516 n.17, 52 L. Ed.2d 92 , 108 n.17 (1977)), aff'd o. ...

docket:	a1904-14
court:	NJ Superior Court Appellate Division
decided:	2017-07-24
status:	unpublished
citation:
Document Size:	32047

2305 SECURITAS SECURITY SERVICES U.S.A., INC - v. NEW JERSEY DEPARTMENT OF TREASURY -- rank: 415

... We do so mindful that there was no adjudicative hearing 2 in this accelerated matter. Consequently, the record before us is ... regions they were bidding on. See RFP, Section 6.4.2. The RFP declared that "[f]or evaluation purposes, bidders will ... 1) the requirement [in question] is not mandated by law; (2) all of the otherwise responsive proposals failed to meet the ... in the public interest to do so. [RFP, Section 7.2.] This standard tracked the applicable procurement statute, N.J.S ... some of the relevant details contained within those addenda. Addendum #2 reaffirmed that the contract was subject to the vendor's ... the federal prevailing wage, plus health and welfare benefits. Addendum #2 further noted that it was the vendor's "business ...

docket:	a0894-11
court:	NJ Superior Court Appellate Division
decided:	2012-01-10
status:	unpublished
citation:
Document Size:	105193

2306 STATE OF NEW JERSEY v. DIANE MONACO -- rank: 415

... chemical breath test, N.J.S.A. 39:4-50.2. Having considered defendant's arguments in light of the facts ... asthma. After two more attempts, Filippone terminated the breath test. 2 Defendant's air volumes were .7, 1.0 and .5 liters, over 5.2, 5.9 and 4.1 seconds, respectively. Defendant was then ... 79, cert. denied , 555 U.S. 825, 129 S. Ct. 158, 172 L. Ed. 2d 41 (2008). The court was satisfied that Filippone ...

docket:	a0473-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-17
status:	published
citation:	444 N.J.Super. 539 134 A.3d 997
Document Size:	45684

2307 STATE OF NEW JERSEY v. DAVID MARTINEZ -- rank: 415

... v. New Jersey , __ U.S. __, 125 S. Ct. 2973 , 162 L. Ed.2d 898 (2005). For example, in State v. Porambo , 226 ... Jersey , 532 U.S. 932 , 121 S. Ct. 1380, 149 L. Ed.2d 306 (2000). We find no such abuse here. Identification ... in State v. Miller , supra , in which the court "not[ed] a number of innocuous methods by which police can obtain ... Beyer , 508 U.S . 947, 113 S. Ct. 2433 , 124 L. Ed.2d 653 (1993). The Court acknowledged that this ...

docket:	a6984-03
court:	njappellate
decided:	2006-02-21
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	73749

2308 VRG CORPORATION V. GKN REALTY CORPORATION -- rank: 415

... for the payment of VRG's commissions. (pp. 9-17) 2.    There is no basis for the imposition of an equitable ... Plaintiff-Respondent,         v. GKN REALTY CORP. and HEATHER CROFT ASSOCIATES, L.P.,     Defendants-Appellants,      and GOLDEN REEF CORPORATION, PERLMAN ENTERPRISES, INC ... Treatise on Equity Jurisprudence § 1234, at 695 (Spencer W. Symons ed., 5th ed. 1941); see Bergen Co. Welf. Bd. v. Gross , 96 N ... to be, and ought to have been, done." Rutherford Nat'l Bank v. H.R. Bogle Co. , 114 N.J. Eq. 571 (Ch. 1933); see Hadley v. Passaic Nat'l Bank , 113 N.J. Eq. 548 , 551 (Ch. 1933).      ...

docket:	a-31-93
court:
decided:	1994-05-18
status:
citation:	135 N.J. 539
Document Size:	87753

2309 STATE OF NEW JERSEY v. TYRELL L. BROWN -- rank: 415

... A-0 STATE OF NEW JERSEY, Plaintiff-Respondent, v. TYRELL L. BROWN, Defendant-Appellant. ___________________________________________________ July 25, 2014 Submitted March 4, 2014 ... the brief). PER CURIAM Following a jury trial, defendant Tyrell L. Brown was convicted of second-degree aggravated assault of Dmitri ... and Gizas, N.J.S.A. 2C:12-1(b)(2) (purposely or knowingly causing or attempting to cause bodily injury ... Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant raises the following points on appeal: Point 1: The ... court erred in denying defendant's motion for acquittal. Point 2: The trial court erred and violated defendant's Fifth Amendment ... in self-defense, lacks sufficient merit to warrant discussion. R. 2:11-3 (e)(2). It suffices to say that ...

docket:	a1137-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-25
status:	unpublished
citation:
Document Size:	52241

2310 STATE OF NEW JERSEY v. CHARLES WASHINGTON -- rank: 415

... his two roommates, co-defendants Leighann M. Henry and William L. Byrnes, Jr., were present when the police arrived with a ... error was "clearly capable of producing an unjust result." R. 2:10-2; see also State v. Macon , 57 N.J. 325 , 336 ... 287 (1981). Accordingly, although the plain error standard of Rule 2:10-2 applies to our review of the charge, we must assure ... deprived the defendant of a fair trial." State v. Frost , 158 N.J. 76, 83 (1999) (citations omitted). In making ...

docket:	a4560-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-23
status:	unpublished
citation:
Document Size:	53694