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3886 STATE OF NEW JERSEY v. SKENDER BRUNCAJ -- rank: 306

... 54 , cert. denied , 555 U.S. 825 , 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008). Defendant's expert argued that the reliability ... Maryland , 373 U.S. 83 , 83 S. Ct. 1194 , 10 L. Ed.2d 215 (1963), because such evidence was neither relevant nor ... merit to warrant further discussion in a written opinion. R. 2:11-3(e)(1)(E). Defendant also contends that ...

docket:	a0022-13
court:	NJ Superior Court Appellate Division
decided:	2014-12-03
status:	unpublished
citation:
Document Size:	15949

3887 DANIELLE INFANTE v. JENNIFER KORTMAN -- rank: 306

... leased an apartment to defendants for a one-year term. 2 Defendants agreed to pay plaintiff $2175 on the fifteenth of ... of the lease term, "less any charges expended by the [l]andlord for damages to the [p]roperty resulting from [t ... it. In response, Jennifer sent plaintiff an email on October 2, 2013. She stated, "You have the money in security to ... she sent to defendants, as well as Jennifer's October 2, 2013 email advising plaintiff to keep the security deposit and ... information. The judge also did not address Jennifer's October 2, 2013 email to plaintiff, which stated that defendants did not ... the Special Civil Part. N.J.R.E. 101(a)(2)(A). . . . The test is relevance and trustworthiness." Penbara v. ...

docket:	a0747-14
court:	NJ Superior Court Appellate Division
decided:	2016-04-20
status:	unpublished
citation:
Document Size:	33532

3888 STATE OF NEW JERSEY v. LORENZO HOLDEN -- rank: 306

... 1 [which was possession of a controlled dangerous substance] and 2 [which was possession with intent to distribute a controlled dangerous ... he was in the process of violating one of the 2 referred to laws -- drug laws -- possession and possession with intent ... State argues that the failure was not plain error. R. 2:10-2. In considering this argument, we note that defendant's counsel ... herein was clearly capable of causing an unjust result. R. 2:10-2; State v. Chew , 150 N.J. 30 , 82 (1997), ...

docket:	A1347-01
court:	NJ Superior Court Appellate Division
decided:	2003-12-09
status:	published
citation:	364 N.J. Super. 504 837 A.2d 403
Document Size:	38617

3889 MARIA TARTAGLIA v. UBS PAINEWEBBER INCORPORATED -- rank: 306

... the Superior Court of New Jersey, Law Division, Hudson County, L-2550-99. Fredric J. Gross argued the cause for appellant ... for corporate counsel engaged in internal corporation investigations. . ."; (2) handicap or disability discrimination in violation of the New Jersey ... as to those claims. According to plaintiff, the settlement "preserve[ed] for appellate review" the contention "that the jury should have ... was erroneously granted on the common law retaliatory discharge claim, (2) "the court's refusal to allow the jury to draw ... must be considered before a negative inference can be drawn. 2. Plaintiff asserts that the trial court erred in instructing the ... protected activity" illustrates that we cannot find harmless error. R. 2:10-2. The question suggests that the jury may ...

docket:	a4412-03
court:	njappellate
decided:	2006-09-07
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	80677

3890 ANTOINETTE TAYLOR, v. CARRIE E. REED -- rank: 306

... with subpoenas for the production of documents. A-5674-18T1 2 As the present appeal requires that we review a decision ... in Newark, and he is the president of E.C.L.C., Inc., a related company that holds the liquor license ... Neither plaintiff nor defendant owns any interest in either entity. 2 By 2012, plaintiff, who had worked at the tavern for ... functions even after her father's discharge from the hospital. 2 However, in her counterclaim, which was ultimately dismissed voluntarily, defendant ... matter of law.' Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. of Pittsburgh, 224 N.J. 189, 199 (2016) (quoting R. 4:46-2(c)). Standing is a question of law we review ...

docket:	a5674-18
court:	NJ Superior Court Appellate Division
decided:	2020-10-28
status:	Unpublished
citation:
Document Size:	27143

3891 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.E.P., III -- rank: 306

... the oral opinion rendered by Judge Madelin F. Einbinder. R. 2:11-3(e)(1)(A). We need not recite the ... App. Div. l998), vacated on other grounds , 163 N.J. 158 (2000). The government "is not without constitutional control over parental ... U.S. 584 , 603, 99 S. Ct. 2493 , 2504, 61 L. Ed.2d 101 , 119 (1979) (citing Wisconsin v. Yoder , 406 U.S. 205 , 230, 92 S. Ct. 1526 , 1540, 32 L. Ed.2d 15 , 33 (1972)). Accordingly, the State, as parens ...

docket:	a0701-13
court:	NJ Superior Court Appellate Division
decided:	2014-06-05
status:	unpublished
citation:
Document Size:	28350

3892 STATE OF NEW JERSEY v. JUAN VASQUEZ -- rank: 306

... Ohio , 392 U.S. 1 , 88 S. Ct. 1868 , 20 L. Ed.2d 889 (1968)). However, the judge considered the following additional ... they do not warrant discussion in a written opinion. R. 2:11-3(e)(2). We conclude that Seybert's initial observations provided him with ... to question the suspects." State v. Tucker , 136 N.J. 158 , 167 (1994). Defendant's flight gave Seybert justification to pursue ... denied , 549 U.S. 1078 , 127 S. Ct. 740 , 166 L. Ed.2d 563 (2006). We also agree with the ...

docket:	a3988-06
court:	superior court appellate division
decided:	2010-02-11
status:	unpublished
citation:
Document Size:	36673

3893 ROLANDO TERRELL v. NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 306

... Group ("STG") 1 known as the Bloods Double I Set. 2 On July 30, 2014, the DOC's Special Investigations Division ... U.S. 472, 480, 115 S. Ct. 2293 , 2298, 132 L. Ed.2d 418 , 427 (1995). Due process safeguards are only required ... life." Id. at 484, 115 S. Ct. at 2300, 132 L. Ed. 2d at 430. Relying on Sandin , we have consistently upheld ... review of an agency decision is limited. In re Taylor , 158 N.J. 644 , 656 (1999). "An appellate court ordinarily ...

docket:	a3005-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-13
status:	unpublished
citation:
Document Size:	14236

3894 STATE OF NEW JERSEY v. FRANK A. DELUCCA -- rank: 306

... Court of New Jersey, Law Division, Camden County, Docket No. L-4893-04. Drinkwater & Goldstein, LLP, attorneys for appellants (Stanley N ... to the Order to Show Cause by the property owner. 2. Property owner withdraws the challenge to the Order to Show ... J. Super. 247, 253 (App. Div. 2003) (quoting Manalapan Realty, L.P. v. Twp. Comm. of Manalapan , 140 N.J. 366 ... v. Shinnihon U.S.A. Co. , 399 N.J. Super. 158 , 190 (App. Div.), certif. denied, 196 N.J. 85 (2008 ... denied , 493 U.S. 894 , 110 S. Ct. 243 , 107 L. Ed.2d 193 (1989)). Greenway 's rationale is equally applicable ...

docket:	a3129-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-16
status:	unpublished
citation:
Document Size:	26669

3895 /usr/local/share/www/libweb/collections/courts/appellate/a3284-18.opn.html -- rank: 306

... Court of New Jersey, Law Division, Monmouth County, Docket No. L-0813-17. Blume Forte Fried Zerres & Molinari, attorneys for appellant ... matter of law.' [Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of Pittsburgh, 224 N.J. 189, 199 (2016) (quoting R. 4:46-2(c)).] We must determine 'whether the competent evidential materials presented ... the benefit of all favorable evidence and A-3284-18T2 2 inferences. R. 4:46-2(c). Defendants' dog, a male golden retriever, ran into plaintiff ... no obedience training as of the date of the incident.2 Brandau opined, '[h]ad the [d]efendants properly neutered ...

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Document Size:	20573

3896 STATE OF NEW JERSEY v. JAMES M. RICE -- rank: 306

... JAMES M. RICE, Defendant-Respondent. ____________________________________________________ June 14, 2011 Submitted June 2, 2011 - Decided Before Judges Fisher and Fasciale. On appeal from ... Division, Bergen County, Municipal Appeal No. 009-18-10. John L. Molinelli, Bergen County Prosecutor, attorney for appellant (Annmarie Cozzi, Senior ... 135, 152-53, cert. denied , __ U.S. __, 129 S. Ct. 158 , 172 L. Ed.2d 41 (2008). In State v. Holland , __ N.J. Super ... the reliability of the Control Company's probe" that "warrant[ed] further inquiry" in proceedings for which we remanded. Id. ...

docket:	a2783-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-14
status:	unpublished
citation:
Document Size:	11285

3897 IN RE APPROVAL OF REGIONAL CONTRIBUTION AGREEMENT BETWEEN GIBBSBORO AND WOODLYNNE BOROUGHS -- rank: 306

... Compliance Hearing is hereby scheduled for March 31, 2006 at 2:00 p.m. On March 27, 2006, Gibbsboro forwarded its ... certification. 103 N.J. 1 , 34-35 (1986); Oceanport Holding, L.L.C. v. Borough of Oceanport , 396 N.J. Super. 622 ... agency decision, which is appealable as of right under Rule 2:2-3(a)(2). Any appeal of the approval of the RCA should ...

docket:	a1229-06
court:	NJ Superior Court Appellate Division
decided:	2008-07-22
status:	unpublished
citation:
Document Size:	36159

3898 GUIDEONE MUTUAL INSURANCE CO., as Subrogee of The Rock Church v. ANTHONY COMITO, ET AL. -- rank: 306

... Court of New Jersey, Law Division, Gloucester County, Docket No. L-691-06. Norman W. Briggs argued the cause for appellant ... of Joel B. Albert, P.C., attorneys; Mr. Briggs, Michele L. Weckerly and Joel B. Albert, on the brief). Renee E ... matter of law to be determined by the court. Nat'l Union Fire Ins. Co. v. Transp. Ins. Co. , 336 N ... policy of insurance than the one purchased. Gibson v. Callaghan , 158 N.J. 662 , 670 (1999). In other words, courts should ... because they are generally considered contracts of adhesion. Gibson , supra , 158 N.J. at 669. Therefore, ambiguities are usually resolved in ... case within the exclusion. American Motorist s Ins. Co. v. L-C-A Sales Co. , 155 N.J. 29 , 41 ( ...

docket:	A2405-06
court:	NJ Superior Court Appellate Division
decided:	2007-10-31
status:	unpublished
citation:
Document Size:	48677

3899 STATE OF NEW JERSEY v. GRACIANO TIRADO -- rank: 306

... as to qualify for a downward departure under § 5K 2.13 of the Federal Sentencing Guidelines); State v. Lockhart , 542 ... d , 521 U.S. 346 , 117 S. Ct. 2072 , 138 L. Ed.2d 501 (1997); State v. Silman , 663 So.2d 27 ... denied , 521 U.S. 1118 , 117 S. Ct. 2507 , 138 L. Ed.2d 1011 (1997). Notwithstanding our shared misgivings about the use ... not being "clearly capable of producing an unjust result." R. 2:10-2. Recognizing that harmless error judgments are inevitably ...

docket:	a5072-03
court:	njappellate
decided:	2006-02-06
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	52097

3900 State v. Andrew J. Fede -- rank: 306

... “refusing to unchain his door,” he “creat[ed] an obstacle, which prevented the police from performing their official ... allegations of domestic violence within the apartment. (pp. 8-10) 2. Charging defendant with obstruction for refusing to unchain the door ... the explicit means by which one may be criminally liable 2 for obstruction and requires affirmative interference. Otherwise, the outer contours ... call originating from Reece’s home. 222 N.J. at 158. Once the Court established that the officers’ warrantless entry was ... judgment of the Appellate Division and vacate defendant’s conviction. 2 I. A. We glean the following facts from the record ... “refusing to unchain his door,” he “creat[ed] an obstacle, which prevented the police from performing their ...

docket:	a-53-17
court:	NJ Supreme Court
decided:	2019-03-12
status:
citation:	237 N.J. 138 202 A.3d 1281
Document Size:	38069