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2386 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 A-0 BERKLEY RISK SOLUTIONS -- rank: 410

... Court of New Jersey, Law Division, Union County, Docket No. L-0163-15. Jon Rory Skolnick argued the cause for appellants ... 1) separate distributions as was done in 2007-08; and (2) the percentage of the commission each is entitled to under ... 09 and 2009-10 policies, and dismissing defendants' counterclaims; and (2) an order denying defendants' cross-motion for summary judgment. The ... up of four elements: (1) a clear and definite promise; (2) made with the expectation that the promisee will rely on ... requisite proportionate share to each of [AFU] and [defendants]," and (2) the August 12, 2008 email from Vosburgh acknowledging the Settlement ... with a contract are: (1) the existence of a contract; (2) interference that was intentional and done with malice; (3) ...

docket:	a2366-15
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	49622

2387 /usr/local/share/www/libweb/collections/courts/appellate/a3472-17.opn.html -- rank: 410

... Plaintiff-Respondent, v. LUIS A. LORA, Defendant-Appellant. _____________________________ Argued December 2, 2020 – Decided December 29, 2020 Before Judges Fuentes, Whipple ... Release Act (NERA), N.J.S.A. 2C:43-7.2, and ordered restitution in the amount of $77,382.87 ... s contact information and vehicle interest. According A-3472-17T2 2 to the upsheet, one of the men's names was ... one); second-degree eluding, N.J.S.A. 2C:29-2(b) (count two); second-degree aggravated assault while eluding, N ... SERIOUS HARM [ N.J.S.A.] 2C:44-1(b)(2) (C) THE VICTIM OF DEFENDANT'S CONDUCT INDUCED OR FACILITATED ... issue for appeal.' Id. at 20 (citing R. 1:7-2). In addition, defendant did not object at trial to ...

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2388 STATE OF NEW JERSEY v. MELLISSA WILSON -- rank: 410

... for second-degree burglary, N.J.S.A. 2C:18-2; second-degree aggravated assault, N.J.S.A. 2C:12 ... Release Act (NERA), N.J.S.A. 2C:43-7.2. On appeal, defendant argues the following: POINT I THE VICTIM ... 2012), cert. denied , ___ U.S. ___, 133 S. Ct. 1504 , 185 L. Ed.2d 558 (2013). In State v. Chen , 208 N.J ... highly suggestive circumstances that could lead to a mistaken identification, (2) the State must then offer proof to show that the ... deprived the defendant of a fair trial." State v. Frost , 158 N.J. 76 , 83 (1999). In making this assessment, ...

docket:	a4726-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-10-21
status:	Published
citation:
Document Size:	32914

2389 CAROL ANN CONFORTI v. COUNTY OF OCEAN -- rank: 410

... KELLY CLOUGH, Defendants. ______________________________ Argued March 24, 2021 – Decided August 2, 2021 Before Judges Sumners, Geiger, and Mitterhoff. On appeal from ... Court of New Jersey, Law Division, Ocean County, Docket No. L-2340-15. Eliyahu S. Scheiman argued the cause for appellants ... defendants') appeal from a final judgment awarding A-0817-18 2 plaintiff Carol Ann Conforti $1,550,000.1 Plaintiff cross ... Act (NJCRA), N.J.S.A. 10:6-1 to -2, seeking both compensatory damages and punitive damages. Having considered the ... of the final judgment. I On September 8, 2010, Kenneth,2 while estranged from his wife, plaintiff Carol Ann, Administratrix ad ... 9T127). We refer to them collectively as the 'CHS defendants.' 2 To avoid confusion, we refer to him by his ...

docket:	a0817-18
court:	NJ Superior Court Appellate Division
decided:	2021-08-02
status:	Unpublished
citation:
Document Size:	50088

2390 WILLIAM LAYTON v. FREDERICK CARLTON LEWIS -- rank: 410

... Petitioners-Respondents, v. FREDERICK CARLTON "CARL" LEWIS, Respondent-Appellant. ________________________________________________________________ May 2, 2011 Submitted May 2, 2011 - Decided Before Judges Carchman, Graves and Messano. On appeal ... Secretary of State, Docket No. STE 4223-11. Brown & Connery, L.L.P., attorneys for appellant (William H. Tambussi, on the briefs). Drinker, Biddle & Reath, L.L.P., attorneys for respondents (Mark D. Sheridan, of counsel; ...

docket:	a4047-10
court:	NJ Superior Court Appellate Division
decided:	2011-05-02
status:	unpublished
citation:
Document Size:	39082

2391 WILLIE DAWKINS v. SIU-YIN WONG -- rank: 410

... 2006- Decided December 22, 2006 Before Judges Seltzer and C.L. Miniman. On appeal from the Superior Court of New Jersey ... jurisdiction to decide the financial issues implicated by the divorce; (2) the judge erred in refusing plaintiff's motion to withdraw ... and other financial relief in accordance with R. 5:5-2(e). Without filing any other documents, defendant appeared at the ... Plaintiff then moved for reconsideration, submitting an affidavit dated December 2, 2005. In that affidavit, he alleged: In early 2004, we ... jurisdiction. 326 U.S. 310 , 316, 66 S. Ct. 154 , 158, 90 L. Ed. 95 , 102 (1945) (quoting Milliken v. Meyer , 311 ...

docket:	A3053-05
court:	NJ Superior Court Appellate Division
decided:	2006-12-22
status:	unpublished
citation:
Document Size:	54692

2392 HILL WALLACK, A PARTNERSHIP v. JACKIE SAINT GERARD JORDAN -- rank: 410

... Court of New Jersey, Law Division, Middlesex County, Docket Nos. L-2900-09 and L-2899-09. Michael Confusione argued the cause for appellant (Hegge ... attorneys; Mr. Abraham, of counsel and on the brief; Christina L. Saveriano, on the brief). PER CURIAM This appeal stems from ... arrears of over $88,000 in legal fees on a $158,313.84 bill resulting from work conducted as of December ... a breach of contract resulting in damages by defendant and (2) whether plaintiff had breached the fee agreement or was negligent ... included (1) talking about defendant's affair with another woman; (2) that defendant's expert witness has been sued for ...

docket:	a0759-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-07
status:	unpublished
citation:
Document Size:	35684

2393 STATE OF NEW JERSEY v. DARTANIAN M. HOAGLAND -- rank: 410

... third-degree resisting arrest, N.J.S.A. 2C:29-2(a)(3) (count two). On June 8, 2008, defendant stabbed ... Early Release Act, N.J.S.A. 2C:43-7.2. Further, the judge imposed three years parole supervision and applicable ... U.S. 608 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693, and United States v. Cronic , 466 U.S. 648 , 104 S. Ct. 2064 , 80 L. Ed.2d 657 (1984). State v. Fritz , 105 N.J. ...

docket:	a3351-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-15
status:	unpublished
citation:
Document Size:	22626

2394 STATE OF NEW JERSEY v. LEVI JOHNSON -- rank: 410

... Early Release Act, N.J.S.A. 2C:43-7.2. He appeals his conviction and sentence, raising the following issues ... U.S. 45, 53, 53 S. Ct. 55, 58, 77 L. Ed. 158, 162 (1932)), cert. denied , ___, U.S. ___, 134 S. Ct. 1329, 188 L. Ed. 2d 339 (2014). The right to counsel of one' ...

docket:	a0813-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-20
status:	unpublished
citation:
Document Size:	39713

2395 STATE OF NEW JERSEY v. VIRGIL MITCHELL -- rank: 410

... manslaughter, N.J.S.A. 2C:11-4(a)(1), (2), as the lesser-included of murder (count one); felony murder ... 3875-11 (App. Div. Sept. 13, 2013), slip op. at 2-4, rev’d and remanded , 217 N.J. 300 (2014 ... S. , 391 U.S. 123 , 88 S. Ct. 1620 , 20 L. Ed.2d 476 (1968), and that Medlin's out-of-court ... appeal, they were barred by Rule 3:22-4(a)(2). See also State v. Hess , 207 N.J. 123 , 145 ... decided. Thus the certification was precluded from consideration under Rule 2:5-4 as not in the record for disposition ...

docket:	a3031-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-19
status:	unpublished
citation:
Document Size:	23619

2396 GREGORY SHAPIRO v. VLADIMIR BOUKHOVER -- rank: 410

... company, Leo Burd, with twenty percent, Eugeny A-0566-19 2 Klyachman, with ten percent, and Sergei Dobroskok, 1 with thirty ... applied to Valley National Bank for a first mortgage of $2.1 million and a credit line second mortgage of $300 ... to $300,000 for building improvement, he was seeking a $2.1 million mortgage, $1.4 million of which would go ... Princeton provided Shapiro with a loan commitment for the requested $2.1 million mortgage to Evergreen . The A-0566-19 4 document indicated that the purpose of the $2.1 million was to buy out the partners and refinance ... his membership interest effective on the date of this Agreement. 2. Eugeny Klyachman hereby surrenders his membership interest effective on ...

docket:	a0566-19
court:	NJ Superior Court Appellate Division
decided:	2022-02-22
status:	Unpublished
citation:
Document Size:	54483

2397 STATE OF NEW JERSEY v. ABDUL KABIA -- rank: 410

... conspiracy to commit robbery, N.J.S.A. 2C:5-2; second-degree aggravated assault, N.J.S.A. 2C:12 ... Early Release Act, N.J.S.A. 2C:43-7.2. The Presiding Judge of the Criminal Division approved the plea ... court then questioned defendant in accordance with Rule 3:9-2 about the terms of the plea agreement, his understanding of ... for disposition on a sentencing oral argument calendar, see R. 2:9-11, because the appeal was from a guilty plea ... denied , 545 U.S. 1145 , 125 S. Ct. 2973 , 162 L. Ed.2d 898 (2005). We begin with a presumption that ...

docket:	a3808-12
court:	NJ Superior Court Appellate Division
decided:	2015-03-16
status:	unpublished
citation:
Document Size:	23713

2398 JESSE L. MICKENS, JR. v. TIMOTHY S. MISDOM and CITY OF ELIZABETH January 7, 2015 -- rank: 410

... 0 APPROVED FOR PUBLICATION January 7, 2015 APPELLATE DIVISION JESSE L. MICKENS, JR., Plaintiff-Respondent, v. TIMOTHY S. MISDOM and CITY ... Court of New Jersey, Law Division, Union County, Docket No. L-4050-10. LaCorte, Bundy, Varady & Kinsella, attorneys for appellants (Richard ... was delivered by FISHER, P.J.A.D. Plaintiff Jesse L. Mickens, Jr., was injured on January 8, 2010, when his ... injury, as necessitated by N.J.S.A. 59:9-2(d), and awarded plaintiff $2,400,000 in damages for his disability, impairment, loss of ... no history of prior back injuries. II In appealing the $2,400,000 judgment entered in plaintiff's favor and ...

docket:	a0326-13
court:	NJ Superior Court Appellate Division
decided:	2015-01-07
status:	published
citation:	438 N.J.Super. 531 105 A.3d 1163
Document Size:	41966

2399 STATE OF NEW JERSEY v. GREG TAVARES -- rank: 410

... to first-degree carjacking, N.J.S.A. 2C:15-2. On August 24, 2005, defendant and his co-defendant, Joseph ... aggravated assault, N.J.S.A. 2C:12-1(b)(2) (count three); and the carjacking offense to which defendant ultimately ... guilty plea to carjacking, N.J.S.A. 2C:15-2, in exchange for a recommendation of a five-year prison ... Release Act (NERA), N.J.S.A. 2C:43-7.2(a). The co-defendant also agreed to testify truthfully against ... reasons stated by Judge Freeman in his decision. See R. 2:11-3(e)(2). A defendant must establish two elements to prove ineffective ...

docket:	a2639-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-11
status:	unpublished
citation:
Document Size:	14757

2400 CATHY MARINO v. TARGET STORES -- rank: 407

... LLC, Defendant. Argued: May 20, 2009 - Decided: Before Judges C.L. Miniman and Baxter. On appeal from the Superior Court of New Jersey, Law Division, Middlesex County, Docket No. L-6129-05. Walter F. Kawalec, III, argued the cause for ... Cole­man & Goggin, attorneys; Mr. Kawalec, on the briefs). Jeffrey L. O'Hara argued the cause for respondent (Connell Foley, LLP ... diagnosed with a contusion, she was later diagnosed with an L-3 compression fracture and a left hip fracture. Conguista corroborated ... Area" were given the following definitions in Article I, §§ 1.2 and 1.3, respectively: "Building" shall mean any enclosed structure ... Area, the agreement provided in pertinent part in Section 4.2(A) as follows: Subject to the joint maintenance provision ...

docket:	a1142-08
court:	NJ Superior Court Appellate Division
decided:	2009-08-13
status:	unpublished
citation:
Document Size:	78459