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3526 Agha v. Feiner -- rank: 333

... been summarized). Agha v. Feiner (A-1-08) Argued December 2, 2008 -- Decided February 26, 2009 LONG , J., writing for a ... instituted a negligence action against Feiner, Delillo, and the Sabaghs. 2 Feiner and Delillo (defendants) conceded responsibility for the accident but ... and moved to dismiss pursuant to R ule 4:37-2(b), arguing that the only evidence plaintiff provided of his ... MRI was particularly important, because the defense expert "was subject[ed] to a thorough, if not blistering, cross-examination" regarding his ... matter that is beyond the ken of the average juror; (2) the field testified to must be at a state of ... Evid. R. 56, comment 7) (discussing prior Evidence Rule 56(2), which used almost identical language). The language of N. ...

docket:	a-1-08
court:
decided:	2009-02-26
status:
citation:	198 N.J. 50 965 A.2d 141
Document Size:	100112

3527 STATE OF NEW JERSEY v. WILSON A. MERCADO -- rank: 333

... for second-degree eluding, N.J.S.A. 2C:29-2(b), and fourth-degree obstructing administration of law, N.J ... to the scope of the evidence presented." State v. Frost , 158 N.J. 76 , 82 (1999). For prosecutorial comments "[t]o ... denied , 552 U.S. 1146 , 128 S. Ct. 1074 , 169 L. Ed.2d 817 (2008). Applying these well-settled standards, we conclude ... 2012), cert. denied , __ U.S. __, 133 S. Ct. 1504 , 185 L. Ed.2d 558 (2013). During defense counsel's summation, she ...

docket:	a1019-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-01
status:	unpublished
citation:
Document Size:	14560

3528 RONALD RICCIARDI et al. v. MARK WEBER et al. -- rank: 333

... P.A.,     Defendants-Respondents. ________________________________         Argued: March 27, 2002 Decided: May 2, 2002         Before Judges Baime, Newman and Fall.         On appeal from ... the Superior Court of New         Jersey, Law Division, Bergen County,         L-4573-98.         Robert A. Ritter argued the cause for         appellants ... Inc. , 523 U.S. 75 , 118 S. Ct. 998 , 140 L. Ed.2d 201 (1998), a case involving male-on-male sexual ... non- meritorious defamation suits. Rocci , supra , 165 N.J. at 158; Costello v. Ocean County. Observer , 136 N.J. 594 , 605 ... or order as a matter of law." R. 4:46-2(c). In determining whether an issue of fact is ...

docket:	a4565-00
court:	njappellate
decided:	2002-05-02
status:	published
citation:	350 N.J. Super. 453
Document Size:	45443

3529 State v. Neal Murray -- rank: 333

... neglect exception is supported by the record. (pp. 5-6) 2. According to the Court Rules, an illegal sentence is a ... court should apply the injustice exception in Rule 1:1-2 and Rule 3:22-4(b) to overcome the five ... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984), and State v. Fritz , 105 N.J ... any time. We granted the State's petition for certification, 158 N.J. 75 (1999), and now modify and affirm. II ... relief may be granted are enumerated in Rule 3:22-2. Defendant sought relief based on his assertion that his ...

docket:	a-75-98
court:	njsupreme
decided:	2000-01-25
status:
citation:	162 N.J. 240
Document Size:	35874

3530 /usr/local/share/www/libweb/collections/courts/appellate/a3994-19.opn.html -- rank: 333

... to pay plaintiff $12,500 per month in alimony and $2,500 per month in child support. When the parties finalized ... alimony and child support payments to plaintiff. A-3994-19 2 The basis of his motion was a change in circumstance ... had made a prima facie case on changed circumstances; and 2) to 'show that defendant voluntarily sold his practice and started ... intentionally untruthful[,]' but found that her 'rigid positions . . . negatively . . . reflect[ed] upon her overall credibility.' The trial court next analyzed plaintiff ... cause has been shown. Lepis, 83 N.J. at 157-158. See also Donnelly, 405 N.J. Super. III. A. A ... order. We are not persuaded. Pursuant to Rule 4:49-2, 'a motion for rehearing or reconsideration . . . shall be served ...

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3531 CHICAGO TITLE INSURANCE COMPANY v. DANIEL ELLIS -- rank: 333

... Alpine. For 7 Cassandra Drive, Lehman approved a loan of $2,975,000 to Stanton based on a fraudulent contract that ... T he true purchase price of 7 Cassandra Drive was $2,170,000 , that is , $805,000 less than the mortgage ... conveying the property to Lehman. Lehman sold the house for $2,250,000, receiving net proceeds of $2,005,995.38 and leaving a deficiency of $948,433 ... racketeering in violation of N.J.S.A. 2C:41-2 (New Jersey's RICO statute). Stanton filed an answer pro ... order was designated a final judgment under Rule 4:42-2, although not all counts of the complaint even as ...

docket:	a5410-07
court:
decided:	2009-06-16
status:	Unpublished
citation:
Document Size:	78740

3532 ANDREW DALEY, Appellant v. DEPARTMENT OF CORRECTIONS, Respondent.<br -- rank: 333

... McDonnell , 418 U.S. 539 , 94 S. Ct. 2963 , 41 L. Ed.2d 935 (1974), and the even broader protections provided by ... J.S.P. [presumably East Jersey State Prison]_-Exhibit C-2). In what is apparently an addendum to the "Adjudication of ... whatsoever. See Fisher v. Hundley , 240 N.J. Super. at 158 (1990)."     On August 18, 1998, the Department affirmed the decision ... v. Clifford , supra , 67 N.J. at 519. See footnote 2 2     In Avant , the Court itemized and discussed sequentially the ...

docket:	a0636-98
court:	njappellate
decided:	2000-06-05
status:	published
citation:	331 N.J.Super. 344
Document Size:	22345

3533 STATE OF NEW JERSEY v. SHERWIN FIELD -- rank: 333

... Wayne J. Forrest, Somerset County Prosecutor, attorney for respondent (James L. McConnell, Assistant Prosecutor, of counsel and on the brief). PER ... Release Act (NERA), N.J.S.A. 2C:43-7.2. We affirmed the conviction and sentence on appeal, State v ... to support [a self-defense] charge" under State v. Moore , 158 N.J. 292 , 308-310 (1999). The court noted that ... a reasonable doubt that, [(1)] other persons committed those acts; [(2)] that the defendant aided, agreed to aid or attempted to ... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984), and adopted by our Supreme Court ...

docket:	a4271-07
court:	superior court appellate division
decided:	2009-11-10
status:	Unpublished
citation:
Document Size:	32749

3534 CONSTANCE HORN, v. JAMES HORN -- rank: 333

... with Grammie Grace. He testified that plaintiff and he "borrow[ed]" the money for the house from his father. James lent ... taxes. There was also outstanding $41,820 in interest and $2,680 in late charges. Michael testified that he and Constance ... attorneys about canceling the mortgage but that it never occurred. 2 Robert further explained that about the same time the bank ... got divorced, [Constance] got everything." Steinhardt testified that on April 2, 2007, he wrote a letter to Robert Fox in which ... quoting N.J. Div. of Youth & Family Servs. v. G.L. , 191 N.J. 596 , 605 (2007)). See also Devaney v. L'Esperance , 195 N.J. 247 , 259 (2008). That the ...

docket:	a0804-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-04-28
status:	unpublished
citation:
Document Size:	55941

3535 JOSEPH F. CACICI v. JUDITH A. GALLAGHER CACICI -- rank: 333

... 832-97. Judith A. Gallagher Cacici, appellant pro se. Paula L. Crane, attorney for respondent. PER CURIAM This is an appeal ... scheduled for the end of June through July 2008; and (2) paragraph eight of the order that enforced provisions of the ... could not encumber the property with any "liens, mortgages, etc."; (2) plaintiff would pay off the existing mortgage and "concurrently have ... the counselor and fighting with her friends . . . ." In a May 2, 2008 letter to plaintiff's counsel, defendant detailed C.'s ... requesting that the court: (1) deny defendant's requested relief; (2) modify the PSA to provide that plaintiff shall continue to ... with experience in treating children whose parents have incurable diseases; (2) that the court require evaluations of plaintiff and his ...

docket:	a4890-07
court:	njappellate
decided:	2009-02-25
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	69486

3536 VICTOR C. OTTILIO v. STEPHEN T. DEEHAN, D.M.D a -- rank: 333

... Court of New Jersey, Law Division, Somerset County, Docket No. L-0252-15. Gary M. Meyers argued the cause for appellant ... to [p]laintiff's teeth' underneath, '[d]efendant repeatedly . . . 'knock[ed]' it[.]' As a result, 'every one of [p]laintiff's ... CONDUCTING A RULE 104 HEARING TO SUBSTANTIATE A-3557-17T3 2 DEFENDANT[S'] CLAIM OF 'SURPRISE' OR 'PREJUDICE,' AND [WITHOUT] EXPLORING ... over the course of ten years, plaintiff visited several dentists,2 most of whom recommended the extraction of some or all ... possible. As a result, plaintiff saw Dr. Deehan in March 2 Plaintiff estimated that he saw approximately ten dentists over the ... sanctions, are (1) the absence of a design to mislead, (2) absence of the element of surprise if the evidence ...

docket:	a3557-17
court:	NJ Superior Court Appellate Division
decided:	2019-10-16
status:	Unpublished
citation:
Document Size:	45549

3537 STATE OF NEW JERSEY v. DARRAL V. BLACK -- rank: 333

... of third-degree conspiracy, N.J.S.A. 2C:5-2 (Count One) ; third-degree possession of a controlled dangerous substance ... V. WASHINGTON , 541 U.S. 36 [ 124 S. Ct. 1354 , 158 L. Ed.2d 177 ] (2004). POINT V . THE TRIAL COURT ABUSED ITS ... we review those issues under the plain error rule, R. 2:10-2. A reviewing court will reverse on the basis of ...

docket:	a1322-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-23
status:	unpublished
citation:
Document Size:	51923

3538 /usr/local/share/www/libweb/collections/courts/appellate/a1831-20.opn.html -- rank: 333

... 1831-20 STATE OF NEW JERSEY, Plaintiff-Appellant, v. MICHAEL L. SANTIAGO, Defendant-Respondent. _________________________ Submitted June 7, 2021 – Decided June ... reported stabbing. Upon arrival, an officer spoke to the victim L.S. (Smith). 1 Smith, who suffered several stab wounds to ... identity of the victim. R. 1:38-3(c)(6). 2 A-1831- 20 N.J.S.A. 2C:39-5 ... 39-4(d); burglary, N.J.S.A. 2C:18-2(a)(1); and aggravated assault with a deadly weapon, N.J.S.A. 2C:12-1(b)(2). The day after the stabbing incident, defendant voluntarily presented himself ... count one in exchange for dismissal of the remaining counts. 2 The State also agreed to recommend defendant be sentenced ...

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3539 /usr/local/share/www/libweb/collections/courts/appellate/a0755-17.opn.html -- rank: 333

... LIMITED LIABILITY COMPANY, a New Jersey Limited Liability Company, and L&S MOTORS, INC., a New York Corporation with an assumed ... consolidate the matters for purposes of this A-0755-17T1 2 opinion and affirm for the reasons expressed by Judge Innes ... Inc. against Lia's companies DTL HS Holdings LLC and L&S Motors Inc., a/k/a Huntington Honda. DTL had ... 1]. . . in equal monthly installments of $3500 for 60 months.' L&S Motors, a Lia entity with a long-term lease ... Nursery property, agreed to assign the lease to Saporito. DTL, L&S and Lia agreed to execute a consent order to ... signatories, approving the settlement agreement, 'finding it to be consistent 2 The total amount of the lien was subsequently amended ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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Document Size:	42243

3540 ESTATE OF WINIFRED SKORSKI v. NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY -- rank: 333

... S.A. 58:10A-21 to -35). A-3314-17T2 2 rulemaking that should have been subject to the formal rulemaking ... loan.' N.J.S.A. 58:10A-37.59(c)(2). The Act provides two initial eligibility criteria for a conditional ... grant for remediation: (1) ownership of a qualifying tank; and (2) income and net worth limits: In order to be eligible ... financial assistance were to be awarded as a loan' and (2) 'the applicant's taxable income in the year prior to ... conditional hardship grant when the applicant meets: (1) eligibility requirements; (2) financial hardship requirement; and (3) statutory requirements of N.J ... costs[.] [N.J.A.C. 19:31-11.6(b)(2)(i) to (ii).] The regulations, however, do not contain ...

docket:	a3314-17
court:	NJ Superior Court Appellate Division
decided:	2019-03-20
status:	Unpublished
citation:
Document Size:	52579